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07/07/2009 BUILDING/FLOOD BOARD OF ADJUSTMENT AND APPEALS MEETING MINUTES CITY OF CLEARWATER July 7, 2009 Present: John H. Logan, Jr. Chair Edward H. Walker, Jr. Board Member Pankaj Shah Board Member Arthur Shand Board Member Absent: Gary Richter 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 and June 2, 2009 Member Walker moved to approve the minutes of the regular Building/Flood Board of Adjustment and Appeals meetings of April 7 and June 2, 2009, as submitted in written summation to each board member. The motion was duly seconded and carried unanimously. 3 – Continued Requests – None. 4 – New Request : 4.1. Case MIS2008-10014 – 301 South Gulfview Boulevard, Appellant Name - Crystal Beach Capital, LLC, Agent –Chris Bastas of NJR Development Co. Request: Permission to construct a kitchen and restroom facility within a flood zone. Lot 57, Lot 104, the south 20 feet of Lot 56, and the South 20 feet of Lot 103 of the Lloyd-White Skinner-Subdivision, together with Lot 105, Lot 106 and the North half of Lot 107 together with Lots 58 and 59 together with that portion of Third Avenue a 60 foot right-of-way, being bounded on the East by the West right-of-way of Coronado Drive, and on the West by the East right-of-way line of the Gulfview Boulevard, on the North by South property line of Lot 57 and Lot 104, and the South by the North property line of Lot 58 and Lot 105 together with the East 35 feet of a 70 foot right-of-way of Gulfview Boulevard: bounded on the North by the Westerly extension of a line lying 20 feet North of and parallel with the North property line of Lots 57 and 104, and the South by the Westerly extension of the South line of Lot 59 less and except the East 10 feet thereof, as per terms and conditions and provisions as recorded in instrument recorded in the O.R. Book12189, Page 2198 and amended in O.R. Book13996, Page 2409, of the public records of Pinellas County, Florida. Chris Bastas of NJR Development Co., representing Crystal Beach Capital, LLC, brought forward a request to construct two structures, approximately 1,000 square-feet in size. The structures, to be used for a kitchen and rest rooms, would be located within FEMA (Federal Emergency Management Agency) flood zone A. The structures would be located below the larger hotel building that is located in a V zone. The buildings would be structurally independent Building - Flood 2009-07-07 1 of the hotel building, meet A flood zone requirements, and provide an open-air café experience and rest room facilities for the public. He said between 3% and 4% of the hotel structure is in the V flood zone. Building Official Kevin Garriott said the structures would be built as separate buildings. He reviewed requirements for V flood zone construction, noting if a portion of a building is in the V flood zone, FEMA concludes that the entire structure is in the V Zone. The City has much invested in this project and desires Beach Walk activities, as proposed in Beach by Design. In his April 14, 2009 email to Mr. Garriott, Robert Durrin, US DHS/FEMA, Mitigation Division Floodplain Management & Insurance Branch National Flood Insurance Program in Atlanta, opined that the buildings in question would be considered to be entirely in a V Zone and must be designed and constructed as such. He said A flood zone and V flood zone hazards are scientifically similar i.e. velocity wave action will be destructive. He said under V flood zone buildings, no obstructions or uses are allowed beyond parking, storage, and building access in enclosures under the building. He said the only option would be to place the “A Zone” building entirely in the A zone and not under the V zone building. He said FEMA would consider this type of design to be at least unwise. He said flood proofing the building would cause an obstruction that would deflect high energy wave impacts. He said it is doubtful that the building would withstand hydrodynamic forces exerted by waves. He said “though not specifically illegal, it is certainly unwise and may be unsafe – a call you have to make.” Mr. Garriott said the City wants to retain its flood insurance program and does not want to violate FEMA rules. He discussed efforts by the next door property to be rezoned as flood zone A, which would allow street level restaurants and shops in an A flood zone if flood proofed. Mr. Bastas reviewed original plans for a bridge over Gulfview Boulevard connecting the hotel with a beachside concession stand. He said the developer worked with the City to eliminate the bridge and create a pedestrian-friendly open air café at street level. He said the structures would be on the edge of the lot. He said the public would benefit from street level restrooms as an accessory to the project’s 400 public parking spaces that replace ones eliminated for Beach Walk. He said café furniture would be portable; the building would only house kitchen equipment and sinks. He said the independent structures would be anchored and flood proofed. He said there can be a gap between the structures’ roofs and garage above. Assistant City Attorney Leslie Dougall-Sides said while local boards are empowered to approve variances, FEMA could impose sanctions that would affect flood insurance rates in the City. She was unable to locate case law or a declaratory statement from FEMA addressing this issue. She reviewed criteria for approval. Concern was expressed regarding FEMA’s reaction to approval of this application. Mr. Garriott said the City has no blemishes on its record, has withstood all audits, and qualifies for a discount on flood insurance. Mr. Bastras reviewed building plans, including the foundation and anchoring. He said restroom fixtures will be utilitarian. He said locating the kitchen one story higher would be inconvenient. He said the kitchen will not have an exhaust system, limiting cooking to a convection oven; food cannot be fried. He said all electrical outlets will be above eight feet and lights will be turtle compliant. He said kitchen equipment will be portable and moved upstairs before a storm. He said onsite management will want to minimize damage; the entire property would meet City requirements and be evacuated well before a hurricane. Mr. Garriott said flood proofed A flood zone restrooms will feature back flow preventers. To be considered Building - Flood 2009-07-07 2 commercial, the structures must be independent from the hotel, a residential mixed-use building. Flood proofing is not recognized in the FEMA guideline for flood proofing commercial structures. Discussion ensued with comments that the line separating V and A flood zones marks the maximum reach of high velocity waves, which would stop short of the proposed structures and not affect them. It was noted that structures are allowed to be constructed in the A flood zone. It was felt the request should be granted as long as the structures are entirely in the A flood zone. It was stated that the structures meet all requirements for A flood zone construction and would not create a safety hazard. Member Walker moved that the Building/Flood Board of Adjustment and Appeals found it within its authority to act upon the request by Crystal Beach Capital, LLC at 301 Gulfview Boulevard, Case MIS2008-10014, and grants approval of a variance to construct a kitchen and restroom facilities on the ground level based on the fact that the buildings will be constructed in A flood zone in accordance with A flood zone provisions and will be independent from the hotel. The motion was duly seconded and carried unanimously. 4.2. MIS2009-06003 – 100 Hampton Road Lot 78, Appellant Name – William H. Davis – Agent Jay L. Sanders – Request a variance to Section R311.5.3.2 (Means of Egress-Tread Depth) of the 2004 Florida Building Code in order to allow the sum of two risers and a tread to exceed 25 inches for “long-tread low-riser” steps. Island in the Sun Co-op Inc. Unit 78 Jay Sanders, representing his father William Davis, said following hip replacement surgery, his mother had difficulty accessing her mobile home due to the significant height of the carport stairs. He said plans for a ramp proved unfeasible due to space constraints and his parents’ need for covered parking and covered access to their home. Mr. Sanders said he had investigated the issue on the independent living website and met with building officials before determining that low riser stairs would allow his father to climb stairs while using his walker. He said he was not trying to violate the Code and did not understand stair height requirements. He said he had constructed the low riser stairs to allow his parents to continue living independently. He said this secondary entrance is well lit at night and the stairs have a full hand rail and are marked with high visibility tape. He said the four steps plus landing had failed City inspection. Building Official Garriott said the Code has no provision for riser dimensions other than 24 to 25 inches (sum of two risers and one tread). No changes were made to the primary entrance, which meets Code. ADA (Americans with Disabilities Act) requirements do not apply to private residences. The Code contemplates that people unable to navigate stairs will use a ramp. Mr. Garriott did not object to the request. Mr. Sanders said he thought he had met all Code requirements. Mr. Sanders was complimented for his efforts on behalf of his parents. Discussion ensued with comments that this secondary entrance is a non essential means of egress from the structure and circumstances are unique; a walker cannot be used on stairs and space for a ramp is insufficient. It was stated that the Code does not accommodate or make provisions for this type of installation which provides a practical solution for the residents’ physical limitations. It was felt visitors would realize that the risers are slightly shorter than normal as the design and markings differ significantly from normal stairs. It was stated that a variance is justified. Building - Flood 2009-07-07 3 Member Shand moved that the Building/Flood Board of Adjustment and Appeals found it within its authority to act upon the request by William H. Davis at 100 Hampton Road Lot 78, Case MIS2009-06003, and grants approval of a variance for installation of stairs in the carport as constructed, based on the fact that the stairs and platform were custom designed and built to accommodate a walker for access to a non primary ingress/egress to a residence. The motion was duly seconded and carried unanimously. 5 - Other Business - None. 6 - Adjourn The meeting adjourned at 2:57 p.m. ~0~ Chair Building/Flood Board of Adjus ment & Appeals Building - Flood 2009-07-07 4