08/03/2010
BUILDING/FLOOD BOARD OF ADJUSTMENT AND APPEALS MEETING MINUTES
CITY OF CLEARWATER
August 3, 2010
Present: John H. Logan, Jr. Chair
Pankaj Shah Board Member
Edward Walker Board Member
Arthur Shand Board Member
Absent: Gary Richter Board Member
Patricia O. Sullivan Board Reporter
Also Present: Pam Akin City Attorney
Jeff Walker Senior Plans Examiner
Ralph Rowe Plans Examiner
The Chair called the meeting to order at 2:09 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 13, 2010
It was moved and seconded that the minutes of the regular meeting of July 13, 2010, be
approved as submitted in written summation to each board member. The motion carried
unanimously.
3 – Continued Requests
: - None.
4 – New Request
:
4.1 Case: Case No: MIS2010-07001 – 619 S GULFVIEW BLVD – 17/29/15/05004/003/0010 –
SHEPHARDS BEACH RESORT – Legal Description: BAYSIDE SUB NO. 5 BLK C, LOTS 1
THRU 5 & RIP RTS – Agent Name Joe Burdette – Applicant is requesting a variance for a
detached single story, flood proof, open air hut with portable/detachable equipment.
Applicant representative, Jordan Behar, of Behar + Peteranecz, Inc., reviewed the
variance request. He stated that design changes had been made to the electrical system to
comply with flood zone requirements. Mr. Behar then asked Mechanical/plumbing consultant,
Mr. Scott Michalec, w/ Griner Engineering, to explain their design for the plumbing system.
They propose an indirect plumbing system. The City denied the permit request with this design.
City of Clearwater Senior Plans Examiner, Jeff Walker, informed the Board of recent
verbal communication that had occurred. The July 30, 2010, conversation between City of
Clearwater Plans Examiner, Jack Fahey and an official with National Flood Insurance Program
Building - Flood 2010-08-03 1
(NFIP) was referenced in the attached memorandum. See Exhibit: Memorandum MIS2010-
05012 2010-08-03
Board member, Ed Walker, expressed concern about this case needing a variance from
the Building/Flood Board of Adjustment and Appeals after hearing the communication and also
considering Architect Jordan Behars' explanation of the construction plans and recent
adjustments made, Board member, Ed Walker, stated that this case seems to fall into a code
compliance situation rather than a variance situation. Discussion continued as to the need for
the Board to hear the request. After participation of other members, staff, and Board Attorney,
the decision was made that the case would be heard and a decision rendered.
The first motion to approve was given by Board member Arthur Shand. Motion did not
receive a second. Further discussion ensued. Second motion was by Arthur Shand to approve
the installation of an indirect waste plumbing system. This motion was seconded by member
Ed Walker. The vote to approve this motion was unanimous.
Note: It is the opinion of the Building Official that this is an appeal to the Building
Official's decision to deny the permit at plan review due to the plumbing installed below base
flood elevation.
5 - Other Business - None.
6 - Adjourn
The meeting adjourned at 3:05 p.m.
0A)7,0eChair
Building/Flood Board of Adjustment & Appeals
Attest:
oard Report
Building - Flood 2010-08-03 2