Loading...
10/05/2010 BUILDING/FLOOD BOARD OF ADJUSTMENT AND APPEALS MEETING MINUTES CITY OF CLEARWATER October 5, 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 – July 13, 2010 Minutes of the July 13, 2010 meeting were approved on August 3, 2010. Approval of the minutes of the regular Building/Flood Board of Adjustment and Appeals meeting of August 3, 2010 will be on the next meeting’s agenda. 3 – Continued Requests : - None. 4 – New Requests : 4.1. Case: MIS2010-09001 211 Prospect Ave, 15-29-15-16830-001-0120 Coachman Heights – Legal Description: Rev Blk A, pt of Lots 11-15 & 26-30 & Vac St Desc as beg 20ft N of Lot 1 Blk C th N 230ft th E 217.4ft th side 229.3ft to C/L of vac Haven St th W Alg C/L 218ft to POB – Agent Name: Carl Wikoff – Request: Plumbing in a fire wall to remain as installed with no fire safing. Basis for Request: Installation is in compliance with Florida existing Building Code 2007 (with 2009 supplement) Sections 403.1, 501.3, 503.1 & 603.1 as a level of alteration. Carl Wikoff of Clearwater Plumbing said his firm had contracted with CHA (Clearwater Housing Authority) to replace 44 shower valves at 211 Prospect Avenue. He said the project should be classified as a level one of the 2007 Florida Existing Building Code as a repair/alteration and not require modification of the six-story building. Building Official Kevin Garriott said when plumbing equipment was replaced, it was discovered that the building does not meet the Code in effect when the structure was built; the requirement for tenant separation has existed since at least the 1945 Code. The City requests that the deficiency be improved. Other contractors finding similar deficiencies have addressed them by boxing out the equipment. He said the building had been signed off as meeting fire code but that is not the case. The City cannot ignore non conformities once they are discovered. Building - Flood 2010-10-05 1 Mr. Wikoff said tubs and showers in the building back up to each other and share hot and cold lines. He said CHA faces budget cuts and cannot afford to tear out all of the tile in the bathrooms to fire proof the valves. In response to a question, he said the shower valve installation did not make the building less fire safe. He said the City was aware of the fire code issue when his firm revamped some property bathrooms to meet ADA (Americans with Disabilities Act) requirements. Discussion ensued. Concern was expressed that a stop gap measure could have liability consequences. In response to a question, Mr. Wikoff said CHA had recommended that he obtain a permit to be certain that all City requirements were met. It was stated that the City does not require a permit to replace shower valves and no City sign off would be necessary if there is no permit. Member Walker moved that the Building/Flood Board of Adjustment and Appeals had determined that a building permit was not required for the replacement of shower valves at the Ralph Richards Towers at 211 Prospect Avenue and that the building permit application should be withdrawn. The motion was duly seconded and carried unanimously. Mr. Garriott said he would take care of paperwork to cancel the permit and refund the permit fee paid by CHA. 4.2. Case: MIS2010-09066 180 S Gulfview Blvd., 08-29-15-15606-000-0030 Legal Description: City Park Sub Lots 3 and 4 (the Pier Pavilion) (Lease) – Agent Name: Steve Fowler – Request: Seek relief of 0.3 feet from required 14.0 feet to bottom of lowest horizontal structural member – based on importance of services provided to the community in the existing location and the necessity of the facility to a waterfront location – existing structure not built according to rd approved plans. Addition allows Life Squads to view larger area from 3 floor overlook of Clearwater Beach patrolled area & design of new facility fits with surrounding area design of Beach by Design. Parks Planning & Project Manager Leroy Chin said the City is remodeling the beach lifeguard station, constructed in 1980, to meet the needs of a reduced lifeguard staff to protect the beach. The addition of a third floor will allow guards to see farther and is considered a substantial improvement (>50%). Architectural detail will meet Beach by Design and neighborhood standards. No one will live in the ADA-compliant station. The first floor will feature breakaway walls. During severe weather events, the building will be vacated and all storage removed. Representative Steve Fowler said when the structure was surveyed, it was found that the lowest horizontal structural member on one corner of the second floor is 0.3 feet below BFE (Base Flood Elevation). He said four years ago BFE was raised from 13 feet to 14 feet when zoning was changed from “A” to “VE.” Assistant City Attorney Leslie Dougall-Sides said the Dock Master’s office at the downtown boat slips is below BFE; FEMA (Federal Emergency Management Agency) has not objected to that building. She said as the function of the lifeguard building also is dependent on its waterfront location, FEMA may consider this building as having a water dependent use. This application has no utility issues. Mr. Garriott said an email from a Virginia consultant, who is an Building - Flood 2010-10-05 2 expert in FEMA requirements, said this path being taken by the City seems to fit all FEMA requirements. Member Shah moved that the Building/Flood Board of Adjustment and Appeals approves of a 0.3-foot variance to BFE requirements for one corner of the beach lifeguard station at 180 S. Gulfview Boulevard as requested by the Parks & Recreation Department to rehabilitate the station to meet lifeguard needs based on facts presented that use of the structure is similar to the dock master facility as its location needs to be waterfront on the beach, the building is not habitable, and no utility issues exist. The motion was duly seconded and carried unanimously. 5 - Director's Report: 5.1. Procedural Changes - Planning & Development Director Michael Delk Planning & Development Director Michael Delk said presentation of staff recommendations will be formalized. Mr. Garriott said future meetings may be conducted in Council Chambers at City Hall. The Board will need to adopt Rules of Procedure. Also, a record of board orders needs to be established beyond meeting minutes. Currently, board decisions are not final until the subject minutes are approved. 6 - Adjourn The meeting adjourned at 2:56 p.m. Chair Building/Flood Board of Adjustment & Appeals Attest: oard Reporter Building - Flood 2010-10-05 3