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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