06/02/2009
BUILDING/FLOOD BOARD OF ADJUSTMENT AND APPEALS MEETING MINUTES
CITY OF CLEARWATER
June 2, 2009
Present: John H. Logan, Jr. Chair
Edward H. Walker, Jr. Board Member
Gary Richter Board Member
Arthur Shand Board Member
Absent: Pankaj Shah Board Member
Also Present: Leslie Dougall-Sides Assistant City Attorney
Kevin Garriott Building Official
Patricia O. Sullivan Board Reporter
The Chair called the meeting to order at 2:00 p.m. at the Municipal Services Building.
To provide continuity for research, items are in agenda order although not
necessarily discussed in that order.
2 - Approval of Minutes -
April 7, 2009
Consensus was to continue approval of the minutes of the April 7, 2009 meeting to July
7, 2009.
3 – Continued Requests
: - None.
4 – New Request
:
4.1 Case MIS2009-05002 – 304 Coronado Drive AKA 215 S Gulfview Boulevard, AKA 229 S
Gulfview Boulevard, and AKA 301 S Gulfview Boulevard – Appellant name Jose G. Puig Jr., P.
E. – Agent – Jose G. Puig: Request acceptance of pusher fans, as submitted, as an alternate
means of compliance for vent. Aqualea Resort and Residences - LLOYD-WHITE-SKINNER
SUB LOTS 53, 54, 99 & 100 & N'LY 30 FT OF LOT 101 TOGETHER WITH VAC E'LY ½ OF
GULFVIEW BLVD ADJ TO W OF SD LOTS PER O.R. 14168 PG 2536
Project Engineer of Record Jose Puig requested an alternate means of compliance to
meet the Building Code’s definition of an open air garage. He said all sides of the garage are
almost completely open to the exterior; perimeter wall openings exceed Code requirements. He
said a poured concrete wall, without access, encloses the swimming pool’s pipes, plumbing,
and basin, which protrude into the parking deck from the pool deck above. The pool equipment
room, next to the enclosure, does not cause additional obstruction. To meet the spirit of the
Building Code that requires air circulation and dissipation of vehicle fume concentrations, he
proposed installing pusher fans on the north and south sides of the pool wall. He said CO
(carbon monoxide) monitors would energize the fans if the CO level elevates beyond 25 parts
per million. He said the fans would work as well as natural ventilation and prevent the
concentration of trapped exhaust fumes. He said this modification would prevent air stagnation
and comply with open air garage requirements without installing unattractive fans on the outside
of the building, which would not improve ventilation in the center of the deck. He said due to the
Building - Flood 2009-06-02 1
gulf front location, the parking deck has significant cross ventilation from north to south, even on
a still day. He said the fans would rarely operate. He said east west air flow is not totally
obstructed. He said this modification would be unnecessary if the 13-foot wide drive lane
corridor was 2% wider. The volume of additional air needed to meet the Code requirements is
2% more.
Building Official Kevin Garriott said the original site design met ventilation requirements
but changed over time. The pool enclosure was built before the plan amendment was
submitted. The new design, a combination open and mechanically vented garage, falls short of
the Building Code’s open air requirements. Staff denied this request, as a new building should
comply 100% with Code. He did not favor the proposed mechanical system, but felt it was a
system that was designed by a professional engineer that would do the job.
In response to questions, Mr. Puig said the fans would be powered in case of an outage.
He said the fans are not life safety devises; they are designed to operate when the structure is
occupied. He said each fan would operate independently with a separate CO monitor
controlling a fan on both the north and south sides of the obstruction. He said the fans would
have to be maintained. He said in other garage locations, pusher fans are effective at mixing
the air; the entire level needs to be ventilated. Owner representative Randy Gibbons said
outside fans would alter the building’s exterior view and pollute the night atmosphere with noise.
Discussion ensued with comments that the only time that fumes would collect would be
following a large event when vehicles back up in the parking garage while waiting to exit.
Concerns were expressed that the Building Code establishes a bottom line threshold regarding
what is tolerable and minimum standards that would prevent vehicle exhaust from overwhelming
individuals. It was stated the board needs to be comfortable that no one’s life would be
compromised as a result of this modification and circumvention of Code. Concern was
expressed that pusher fans would move the fumes, not exhaust it. It was questioned if pusher
fans would negate problems associated with excessive interior walls.
Mr. Puig said as the project’s Engineer of Record he was comfortable that pusher fans
would function appropriately and stop air from accumulating in one space. He said there is a
tremendous amount of natural air movement on both sides of the obstruction. Assistant City
Attorney Leslie Dougall-Sides did not think the City would be liable for a mishap if the board
based its decision on the request and testimony by the certified Engineer of Record that the
substitution would work.
Member Shand moved that predicated on testimony by Jose Puig, a duly licensed
engineer recognized by the State and the Engineer of Record, the Building/Flood Board of
Adjustment and Appeals approves the 2% minimalist deviation from the minimal standard of the
Building Code for ventilation of an open air parking garage for Case MIS 2009-05002 to allow
installation on the north and south sides of the pool wall CO monitors that would energize
pusher fans, to be maintained as if they were the sole source of ventilation for the garage, as an
alternate means of compliance to meet the definition of an open air garage. The motion was
duly seconded and carried unanimously.
4.2 Case MIS2009-04001 – 301 S Gulfview Boulevard, AKA 304 Coronado Drive AKA 215 S
Gulfview Boulevard, and AKA 229 S Gulfview Boulevard – Appellant Name - Crystal Beach
Capital, LLC. Agent - Joseph Stewart, Architects: Request to reduce maximum height of pool
Building - Flood 2009-06-02 2
equipment room due to structural issues. AQualea Resort and Residences - Pool Equipment
Room - LLOYD-WHITE-SKINNER SUB LOTS 58 & 59 TOGETHER WITH S 1/2 OF VAC
THIRD ST ADJ ON N LESS E 10 FT PER O.R. 14168/2544 & VAC E 35 FT OF GULFVIEW
BLVD ADJ ON W PER O.R. 14168/2546
Nick Napolitano, representative for the project's architect, requested a variance to the
required minimum height of the pool equipment room located on the top level of the parking
garage. While the Department of Health requires pool equipment rooms to be at least seven
feet high, he said the room is six feet ten inches high. He said the slabs above and below the
room cannot be moved. He said only hotel operator personnel would have access to the room.
Building Official Garriott said an exception is allowed for a sloped ceiling; the subject
ceiling is not sloped. Staff does not object to the variance requested, however would request
that the board require that notice be posted as to the head height.
In response to questions, Mr. Napolitano said a ramp, accommodating the parking level
below, slopes to the edge of the equipment room. He said the room's location is critical to
support pool functions. He said the room cannot be placed on the pool deck where there are
guest rooms to the north and clearance issues to the south. He said clearance in the equipment
room would be six feet four inches due to a sprinkler and overhead pipes. He said the louvered
door to the room is six feet eight inches high. It was recommended that the door be posted with
a sign indicating the room's height. As the room's volume is reduced, it was suggested that
mechanical ventilation would be necessary for air circulation should chlorine be stored there.
Ms. Dougall-Sides said chlorine storage is controlled by regulatory agencies. Mr. Puig said the
Building Department has the right of authority to impose additional requirements.
Member Shand moved that the Building/Flood Board of Adjustment and Appeals grants
the requested variance for Case MIS2009-04001 to permit the pool equipment room ceiling to
be six feet 10 inches, or six feet four inches beneath the pipes, where seven feet is required,
with conditions that a sign be posted on the door indicating the height of the room's clearance,
and should hazardous chemicals of any kind be stored in the room, that a design to install a fan
for power ventilation be done and that the plan design for proper ventilation be approved by the
Building Department. The motion was duly seconded and carried unanimously.
5 - Other Business
Mr. Garriott distributed copies of the 2007 Building Code.
6 - Adjourn
The meeting adjourned at 3:02 p.m.
Ir
. g/Flood Board of Adjustment & Appeals
Building - Flood 2009-06-02
3