08/04/2009
BUILDING/FLOOD BOARD OF ADJUSTMENT AND APPEALS MEETING MINUTES
CITY OF CLEARWATER
August 4, 2009
Present: Edward H. Walker, Jr. Acting Chair
Pankaj Shah Board Member
Gary Richter Board Member
Arthur Shand Board Member
Absent: John H. Logan, Jr. Chair
Also Present: Leslie Dougall-Sides Assistant City Attorney
Kevin Garriott Building Official
Patricia O. Sullivan Board Reporter
The Acting 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 –
July 7, 2009
Member Shah moved to approve the minutes of the regular Building/Flood Board of
Adjustment and Appeals meeting of July 7, 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 MIS2009-07002 – 830 Bayway Boulevard, Appellant Name – Clearwater Yacht Club,
Inc., Agent – Jay Myers. Request: Reduction of setback to seawall from 18 feet to eight inches
– Tiki Hut has been in place since roughly 1990 – Intended use will be a cabana or shade
structure. The structure will be investigated and reinforced as needed. Bayside Sub No. 6, Unit
A, Blk D, Lots 5 thru 11 incl.
Clearwater Yacht Club representative Jay Myers said the club’s improvement project
requires that the entire site be brought into compliance with Code. He said around 1991, the
Tiki Hut was built eight inches from the seawall. He said no plans or record of its construction
can be located. He requested a variance from the requirement that the structure be 18 feet
from the seawall. Yacht Club member Gary Strohauer said access to the deadmen is not an
issue as they were replaced/repaired within the last several years. The base of the Tiki Hut is
poured concrete. He said one of the deadmen is located within the confines of the four posts
that support the Tiki Hut.
Discussion ensued with comments that access to the deadmen is reasonable and other
issues should be considered separately.
Building - Flood 2009-08-04 1
Member Shand moved that based on available information and testimony, the
Building/Flood Board of Adjustment and Appeals approved the current longstanding position of
the structure, referenced as a Tiki Hut, and a reduction of the setback to the seawall from 18
feet to eight inches with conditions that the location of the dead men must be verified and
reported to Building Official Kevin Garriott and the deadmen must be maintained, even if the Tiki
Hut must be sacrificed. The motion was duly seconded and carried unanimously.
Mr. Myers said the club would like to retain the Tiki Hut and will have an engineer
evaluate it to make certain it is safe. He described Tiki Hut features. Yacht Club members
reviewed phased renovations that are planned, the current use of the Tiki Hut, and requested
that it be grandfathered or allowed to exist until all other site renovations are complete.
Building Official Kevin Garriott expressed concerns that the Tiki Hut wet bar, constructed
without permit, is a business use located in the A flood zone, below BFE (Base Flood Elevation)
and within 18 feet of the seawall. An after the fact permit would require the structure to comply
with current Code. Requirements for a sunshade and wet bar differ. To meet Code, a wet bar
use in a flood zone below BFE must be flood proofed and meet plumbing and electricity
requirements. He said if the structure is used as a dry bar, without electricity or plumbing, the
only Code consideration would be that it is properly bolted in place. Assistant City Attorney
Leslie Dougall-Sides said if the Tiki Hut structure is razed, its replacement would have to meet
setback requirements.
Discussion ensued with comments that the Club's intended use of a Tiki Hut remodel
must be determined before the board can consider additional variances.
5 - Other Business - None.
6 - Adjourn
The meeting adjourned at 2:44 p.m.
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Buil ing/Flood Board of Adjustment & Appeals
Building - Flood 2009-08-04
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