02/02/2010
BUILDING/FLOOD BOARD OF ADJUSTMENT AND APPEALS MEETING MINUTES
CITY OF CLEARWATER
February 02, 2010
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 –
December 1, 2009
Member Richter moved to approve the minutes of the regular Building/Flood Board of
Adjustment and Appeals meeting of December 1, 2009, as submitted in written summation to
each board member. The motion was duly seconded and carried unanimously.
3 – Continued Requests
:
4 – New Request
:
4.1. Case: MIS2009-11267 - 350 Palm Island N.E. – Island Estates of Clearwater Unit 6-B Lot
79, Agent Name - John Costanza –Costanza Building Company – applicant requests a variance
to allow pool and pool deck to be 5 feet from the rear lot line (seawall).
Case MIS2009-11267 was withdrawn.
4.2. Case: MIS2009-12008 - 1160 Mandalay Point Road - Mandalay Point Sub 1st Add Lots 14,
14A, 15, 15A 16, 16A, 17 & 17A with RIP Rts adj. to Lots 14, 14A, 15, & 15A, Agent Name:
Istvan Peteranecz/Jordan Behar – applicant requests to install a water softener/reverse osmosis
tank in flood zone A, below Base Flood Elevation.
Architect Jordan Behar, representative for the property owner, summarized the request
to install a noncritical water softener and reverse osmosis plumbing system partially below BFE
(Base Flood Elevation). He said the equipment has no moving parts, and will be anchored and
able to be detached and moved if necessary. The site is not in the VE-zone. He said all
electrical components will be above BFE.
Building Official Kevin Garriott discussed board imposed conditions of approval related
to the installation of the Hyatt’s water softener below BFE. He reviewed the contents of the
Building - Flood 2010-02-02 1
system’s filtration component. He said it is important that all electrical components are installed
above BFE.
It was felt that the components are too heavy and impractical for the homeowner to
move above BFE. Support was expressed for anchoring the system.
Member Richter moved that the Building/Flood Board of Adjustment and Appeals
approved the request to install a water softener and reverse osmosis equipment in the home
under construction at 1160 Mandalay Point Road since the building is in an A zone and the
application meets criteria of FEMA codes to grant a variance, with conditions: 1) all equipment
to be solidly anchored into the slab and 2) all electrical components to be installed above BFE.
The motion was duly seconded and carried unanimously.
4.3. Case: MIS2009-12011 – 256 Bayside Drive – Bayside Sub No. 4 Unit A Blk 1, Lot K & RIP
Rts – Agent Name – Katherine E. Cole, Esq. – requests relief of 18-foot setback to seawall to
allow construction of an in-ground swimming pool.
Representative Katherine Cole said the property owners had worked to coordinate the
projects to rebuild their sea wall and construct a swimming pool. The same engineer designed
both projects. Due to timing issues, the sea wall was completed before construction on the
swimming pool could begin. Attorney Cole requested a variance to the 18-foot setback
requirement to allow the swimming pool to be 10 1/2 feet from the seawall. She said seawall
deadmen anchors were designed and installed deeper in anticipation of the swimming pool and
pool shelf. She said concrete pavers on the pool deck will allow access to some deadmen
anchors. She said many waterfront pools behind neighboring homes are within the 18-foot
setback.
Building Official Garriott said staff had determined that the Building/Flood board should
review this matter due to the location of some deadmen anchors under the swimming pool.
Setbacks are required to provide access to the deadmen anchors. The property owner is
responsible for the maintenance of the deadmen anchors.
Representative Patrick Hecker, the seawall contractor, said the seawall was designed to
be as strong as possible; design of the new tiebacks was based on the design of the pool. He
said the homeowner would never have a need to repair the deadmen anchors. Property owner
Christine Ruppel said the pool was located to provide her a better view of her children when
they are swimming. Attorney Cole said the seawall contractor had set the depth of the
deadmen anchors so they would have no impact to the pool. She said the pool would not
jeopardize the integrity of the seawall.
Concern was expressed that property owners need to be able to access deadmen
anchors and that future owners of the home need to be aware of the location of these anchors.
Mr. Garriott suggested information regarding the location of the deadmen anchors could be
recorded at the County Courthouse. Assistant City Attorney Leslie Dougall-Sides said the
property owner is claiming special circumstances as the deadmen already are in place and the
homeowner desires to see her children when they are in the pool.
Member Shah moved that the Building/Flood Board of Adjustment and Appeals
approved the variance to construct a swimming pool 10 ½ feet from the seawall as requested at
Building - Flood 2010-02-02 2
the home at 256 Bayside Drive since special circumstances exist and the application meets
criteria of FEMA codes to grant a variance, with a condition: 1) information regarding the
location of the deadmen anchors is to be recorded at the County Courthouse to ensure that
future owners of the property are aware that some of the anchors are under the swimming pool.
The motion was duly seconded and carried unanimously.
5 - Other Business: None.
6 - Adjourn
The meeting adjourned at 2:43 p.m.
Chair All Jr
Building/Flood Board of Adjustment & Appeals
Building - Flood 2010-02-02 3