12/01/2009
BUILDING/FLOOD BOARD OF ADJUSTMENT AND APPEALS MEETING MINUTES
CITY OF CLEARWATER
December 1, 2009
Present: John H. Logan, Jr. Chair
Edward H. Walker, Jr. Board Member
Pankaj Shah Board Member
Gary Richter Board Member
Absent: Arthur Shand 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 –
August 4 and October 6, 2009
Member Richter moved to approve the minutes of the regular Building/Flood Board of
Adjustment and Appeals meetings of August 4 and October 6, 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 MIS2009-10014, 1160 Mandalay Point Road – Mandalay Point Sub 1st Add Lots 16,
16A, 17 & 17A, Appellant Name: James P. Gills, Agent name: Istvan Peteranecz/Jordan Behar
– Request to air condition a residential in-ground lap pool area below the Base Flood Elevation.
Property representative Jordan Behar said the property owner wishes to enclose the
ground level lap pool that extends under the house being constructed at 1160 Mandalay Point
Road. A HVAC system will be necessary to control humidity in the enclosed space. He said the
electricity and air-conditioning unit will be above BFE (Base Flood Elevation). He worked with
staff to determine the best location for the pool.
Mr. Behar reviewed the project, stating that its design standards exceed requirements
and conform with all FEMA (Federal Emergency Management Agency) guidelines for the
home’s A-zone location. Windows, made in Germany, are encased in waterproofing material.
He said the house is designed to withstand 190 mph wind speeds and last for multiple
generations. The enclosed pool will only be used for swimming.
In response to questions, Building Official Kevin Garriott said staff does not object to the
proposal. The use of water resistant materials and flow-through openings address all flood
insurance concerns. FEMA permits vehicle storage areas below BFE to be air-conditioned but
Building - Flood 2009-12-01 1
is silent on this use. This proposal does not seem to increase the loss of insured items if there
is a flood. The space does not appear to be living space. Mr. Behar said the application meets
the intent of FEMA requirements. In-ground pools are permitted in A and VE zones. He said
commercial structures in the A zone are allowed to flood proof areas below BFE.
Assistant City Attorney Leslie Dougall-Sides reviewed criteria for approval.
Member Walker moved that the Building/Flood Board of Adjustment and Appeals grants
the requested variance for Case MIS2009-10014 to permit an in-ground lap pool to be enclosed
below BFE at the residence at 1160 Mandalay Point Road as the request meets FEMA criteria
for useable space, the space cannot be used as a living space, and design standards for the
structure exceed requirements and will help mitigate problems that could occur. The motion
was duly seconded and carried unanimously.
5 - Other Business: None.
6 - Adjourn
The meeting adjourned at 2:27 p.m.
Ch r
BUI Cling/Flood Board of Adjustment & Appeals
Building - Flood 2009-12-01
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