12/07/2010
BUILDING/FLOOD BOARD OF ADJUSTMENT AND APPEALS MEETING MINUTES
CITY OF CLEARWATER
December 7, 2010
Present: Edward H. Walker, Jr. Acting Chair
Arthur Shand Board Member
Gary Richter Board Member
Absent: John H. Logan, Jr. Chair
Pankaj Shah Board Member
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 City Hall.
To provide continuity for research, items are in agenda order although not
necessarily discussed in that order.
2 - Approval of Minutes –
August 3, and October 5, 2010
Member Richter moved to approve the minutes of the regular Building/Flood Board of
Adjustment and Appeals meeting of August 3, 2010, as submitted in written summation to each
board member. The motion was duly seconded and carried unanimously.
Member Richter moved to approve the minutes of the regular Building/Flood Board of
Adjustment and Appeals meeting of October 5, 2010, as submitted in written summation to each
board member. The motion was duly seconded and carried unanimously.
3 – Continued Requests
: - None.
4 – New Requests
:
4.1 Case: MIS2010-11001 – 934 Eldorado Avenue – 05-29-15-54666-052-0050 - Legal
Description: Mandalay Sub Blk 52, Lot 5 & RIP Rts – Agent Name: David Ramsey –Request: to
declare the seawall at this location nonfunctional – seawall is covered by sand and the dunes
are at or above the level of the seawall
Representative David Ramsey said the seawall is below the surface of the ground and is
not functional as a seawall. The applicant plans to construct a house on the vacant lot.
Building Official Kevin Garriott said an 18-foot setback from seawalls is required for
maintenance per the Pinellas Beaches Code. As this seawall is far from the water and nearly
buried in sand, such maintenance is not required. The board has based past decisions to allow
construction closer to the seawall on these facts. Representative Peter Stampfl said a deck will
encroach on the setback. Site plans have not been submitted for a swimming pool planned
landward of the CCCL (Coastal Construction Control Line). He said the CCCL angles 1.3 feet
to 2 feet from the seawall. Mr. Garriott suggested the application be amended to also request a
Building - Flood 2010-12-07 1
setback for the swimming pool. The representative requested the amendment to the
application.
Three residents spoke with concerns expressed regarding sand dunes abutting the
subject property, the meaning of the term "nonfunctional," and how this decision would affect
nearby homeowners. Assistant City Attorney Leslie Dougall-Sides said the request only
concerns this property and will not affect trespassing restrictions or property boundaries.
Henry Bohinick, applicant, said he guaranteed he would not alter the seawall or sand
dunes seaward of his property as he knows that dunes serve a valuable function. He said the
house will meet Miami Dade wind standards.
Discussion ensued with comments that this seawall does not function the same as those
with water on one side, and the board had never declared a portion of the seawall to be
nonfunctional and does not have the authority to permit the removal of seawalls.
Member Shand moved that the Building/Flood Board of Adjustment and Appeals
approved the request for a 16.7-foot variance to construct a swimming pool and deck adjacent
to an existing seawall and a residence at 934 Eldorado Avenue based on the board's previous
decisions that deadmen tie-backs do not require maintenance as this seawall is far from the
water and nearly buried in sand, which is level on both sides. The motion was duly seconded
and carried unanimously.
5 - Director's Report:
Mr. Garriott said to improve board meeting procedures, staff is updating the application
format and developing a staff report process. Ms. Dougall-Sides said staff is working on an
ordinance to update City Code to clarify issues related to seawall setbacks and Florida building
codes and codify authority bestowed by the board upon the Building Official. Proposed
amendments will be provided to the board for comment before they are submitted to the City
Council.
The next scheduled meeting is on February 1, 2011 in Council Chambers; a
Special Meeting may be called prior to that date.
6 - Adjourn
The meeting adjourned at 2:40 p.m.
?cl'I,UV Chair
Building/Flood Board of Adjustment & Appeals
Attest:
Board Re
Building - Flood 2010-12-07 2
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