02/11/2011
BUILDING/FLOOD BOARD OF ADJUSTMENT AND APPEALS SPECIAL MEETING MINUTES
CITY OF CLEARWATER
February 11, 2011
Present: Edward H. Walker, Jr. Board Member
Pankaj Shah Board Member
Gary Richter Board Member
Absent: John H. Logan, Jr. Chair
Arthur Shand Board Member
Also Present: Pamela K. Akin City Attorney
Camilo Soto 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 City Hall.
To provide continuity for research, items are in agenda order although not necessarily
discussed in that order.
2 - Approval of Minutes –
December 7, 2010
Member Richter moved to approve the minutes of the regular Building/Flood Board of
Adjustment and Appeals meeting of December 7, 2010, 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: MIS2010-12005 – 307 Leeward Island – Legal Description: Island Estates of
Clearwater Unit 1 Lot 34 – Agent Name: Philip Matonte, Appellant Name: William Michael &
Associates, Inc., Description of Request: To occupy and maintain building.
Philip Matonte explained he was appealing the Building Official’s declaration of UNSAFE
status to his property so that he could reoccupy the structure. He said he had not received due
process regarding the condemnation. He said he had inspected the property and as a General
Contractor is certifying the structure and electrical in the house is safe. He also stated that no
work had been done without permit or inspection since the last active permits in 2003 and 2004.
He said he lived there for 12 years. He said the only problems are cosmetic, which he will
correct. He said he also will obtain a permit for a decorative interior wall and shelf, as requested
by the City. He requested access to the property to maintain it and correct cosmetic issues and
deficiencies the City may identify.
In response to questions from Assistant City Attorney Camilo Soto, Mr. Matonte said he is
representing himself (Philip Matonte), William Michael & Associates, Inc., and all owners and
ownership entities and is appealing the finding of condemnation. He said the property meets
Building - Flood 2011-02-11 1
Code and has been maintained in the same condition it was 12 years ago when final inspections
for all permitted additions were made.
See Exhibit: Staff Report MIS2010-12005 2011-02-11
Building Official Kevin Garriott reviewed the staff report and provided property
photographs taken on November 30, 2010 of 307 Leeward Island. The photographs showed
numerous building code violations including exposed wires, wires pulled through framing and
trim, and wiring pulled out of a switch box. Also shown was unfinished drywall installed without
inspection, a deteriorated ceiling that had fallen from a leaky roof, unsafe stairs and railing,
unfinished flooring, second floor bathrooms installed without permit, plastic tubing connections
to the hot water heater, non permitted duct work, installation of a door wider than the wall, a
sliding glass door without guard rail, and glass in a sliding door replaced with wood and a
window air conditioner. Outside photographs showed a tile roof over the original house that is
covered with a tarp and rusted chicken wire on the balustrade
Mr. Garriott discussed the plans and construction of the second floor addition; the
addition from 1999 was permitted and inspected as an unoccupied porch and storage and was
to remain unoccupied. The porch was uninsulated and constructed of pressure treated wood,
with rolled roofing, cement board siding, minimal wiring for a few lights, and no heating or air-
conditioning. The original 1960 ranch house below remained fully functional and never was
unoccupied. The addition passed final inspection; a Certificate of Occupancy was not
necessary. It was commented that the addition on top of an existing house roof, finished with
pressure treated wood and without heat or electricity is not typically found in residential
construction.
Mr. Garriott said the structure is poorly heated, poorly plumbed, and has tenants in
second floor living units installed without permit. A Craig’s List advertisement offered rooms in
the house for rent, which is not permitted. The Fire Department contacted the Building
Department after the November 30, 2010 fire due to safety concerns. Proper notice was issued
to Mr. Matonte and all other named owners regarding unsafe conditions. The January 2011
appraisal by Chris Van Slooten, SRA, based on photographs and a street view, valued the
property at $400,000 and the structure at zero.
Building Construction Inspector James Stanley said he had responded to the Fire
Department call at 307 Leeward Island and observed unsafe structural, electrical, and plumbing
issues. He said the many lofts were not accessible or safe. He said a significant amount of
debris made it difficult to move through the house. He said living units on the second floor did
not meet code and presented dangerous conditions. He said one person present was identified
as a tenant. He said non code materials were used for water lines. He said the Fire Inspector
had opined the property was not safe for firefighter access.
In response to a question, Mr. Matonte said he did not have a copy of the electrical
permit for the addition, but that it had been approved during final inspection. He said an
exposed wire in one photograph is not a problem as it is in the attic, which is not a living space.
He said some wiring shown in photographs was for cable television. He said drywall installed
as a partition did not require a permit because it cost less than $500. He said any exposed
wiring can be easily corrected as part of a $500 modification. He said the leak in the roof is
minor and does not require a permit to repair; small leaks were corrected. He said water
Building - Flood 2011-02-11 2
damage is limited to the garage, which is not a living area. He said the attic was used only for
storage. He said contractors, living in the house to do tile work, were not renters and were
supposed to live downstairs. He said they apparently decided the upstairs was nice and lived
there instead. He said upstairs living units, bathrooms, and other plumbing were installed
without his knowledge and were demolished before the citation of UNSAFE. In response to a
question, he said he inspected the structure after all code issues shown in the photographs
were corrected and before the City required occupants to vacate the property on December 2,
2010.
Concern was expressed that a multitude of items was installed in the house without
obtaining permits or meeting code
Four neighbors spoke in support of maintaining the status of UNSAFE.
Mr. Soto said none of the changes made to the addition is considered inconsequential.
Fines imposed by the Municipal Code Enforcement Board are accruing on the property. Mr.
Matonte said he never was notified regarding code enforcement issues.
Member Richter moved to deny the applicant's appeal and let stand the Building
Official's decision that the building at 307 Leeward Island is UNSAFE pursuant to Community
Development Code (Standard Unsafe Building Abatement Code) Section 47.161(1)/401.1,
allowing the Building Official to proceed in accordance with remedies provided for in the
Standard Unsafe Building Abatement Code with Clearwater amendments, including, but not
limited to repair and demolition for Case MIS2010-12005, based on the evidence and testimony
presented, the Staff Report and at today's hearing, and hereby adopt the Findings of Fact and
Conclusions of Law stated in the Staff Report. The motion was duly seconded and carried
unanimously.
5 - Adjourn
The special meeting adjourned at 3:15 p.m.
Chair
? Building/Flood Board of Adjustment & Appeals
Attest:
and Reporter
Building - Flood 2011-02-11 3
EXHIBIT: STAFF REPORT MIS2010-12005 2011-02-11
CITY OF CLEARWATER
PLANNING AND DEVELOPMENT DEPARTMENT
STAFF REPORT
Meeting Date: February 1, 2011
Case Number: MIS2010-12005
Agenda Item: #1
Owner/Appellant: William Michael and Associates, Inc. and Phillip Matonte
Address: 307 Leeward Island, Clearwater, Florida 33767
REQUEST
An appeal of the Building Official’s decision that the property located at 307 Leeward Island is unsafe
pursuant to Community Development Code (Standard Unsafe Building Abatement Code) Section
47.161(1)/401.1.
BACKGROUND/ANALYSIS
The subject property is occupied by a two-story residential structure located in the Island Estates
development. The structure was built in 1961 as a one story ranch house. In 1999 the current owner
obtained permits and began construction of a 2-story unconditioned, un-insulated, roofed-over, enclosed
deck that sits above and around the ranch house.
On November 30, 2010 the Clearwater Fire Department received an emergency call responding to a
clothes dryer fire. Upon arrival, the district chief requested the presence of a fire inspector due to major
safety concerns about the property. Upon inspection, the Fire Department staff found the following
conditions:
What appeared to be numerous electrical code violations - open wiring devices throughout,
exposed wiring, excessive use of extension cords;
Air conditioning units improperly wired and ducted - units not wired into dedicated circuits
and/or connected with modified plug into wall outlets;
Stairways not built to code - no handrails, railings with balustrades spaced greater than four
inches apart;
Loft areas with no railings or life safety protection; and
Sliding glass doors on the second floor that either go nowhere or have no balcony or life safety
protection.
The above items create safety hazards for the responding firefighters; therefore, the Fire Department
requested that Progress Energy respond to remove the electric service. The Fire Department also
requested Clearwater Planning and Development Department staff to respond and inspect for minimum
Housing and Unsafe code issues. Code Compliance has investigated the property for numerous
Community Development Code violations and based on statements from residents the owners have been
renting individual rooms/spaces – which is inconsistent with a residential use.
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EXHIBIT: STAFF REPORT MIS2010-12005 2011-02-11
Pursuant to Section 103.1.1 and 103.2 of the Standard Unsafe Building Abatement Code, Planning and
Development Department staff inspected the property and in addition to the concerns of the Fire
Department observed plumbing, electrical, mechanical, and building code violations. Due to the nature
and extent of violations, the building was declared UNSAFE and posted as such. The owners and
occupants were advised the property was not habitable.
On 12/4/2010 the property was secured by a fence. In addition the window and door openings on the first
floor were also secured to prevent entry. On 12/9/2010 the property owners had access for the purpose of
removing personal items.
FINDINGS OF FACT
1. The property was constructed in 1961 with an addition done between 1999 – 2003.
2. Work has been done within the structure without the required permits and inspections.
3. The structure exits in and UNSAFE condition today.
4. A recent January 7, 2011 professional appraisal of property determined highest and best use is to raze
due to many violations and defects.
5. The following code violations were identified:
Plumbing
ndst
Bathroom installed on 2 and 1 floor without permits:
Water lines do not have proper piping;
Drains installed that are not to code; no permits or inspections;
Shower installed without permit or inspection;
Sinks installed without permit or inspection; and
Toilets installed without permit or inspection.
Electrical
Open receptacles;
Receptacles not securely mounted – throughout the house;
Extension cords wired to switches - hall and bedrooms;
Water heater installed without permits and installed without proper piping;
Breaker panel covers are removed leaving open breaker slots;
Light fixtures wired into receptacles and switches with extension cords;
Ceiling fans wired into receptacles with extension cords; and
No GFCI receptacles installed in water use areas.
Mechanical
Duct work installed not to code;
Central air system not working – sign at thermostat notes fire will occur if turned on; and
No heat in building - minimum housing code requirement.
Building Code
Raised flooring in garage bathroom and converted garage space bedroom without
permits;
Entryway framing not to code;
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EXHIBIT: STAFF REPORT MIS2010-12005 2011-02-11
Drywall done without permits in various locations;
Second floor rooms created by framing of bathroom and loft areas;
Wall framing not constructed to meet minimum code requirements. Doorway framing
does not meet minimum code requirements;
nd
Stairs to 2 floor do not meet minimum code requirements;
Protective railings missing and or not to code;
Roof of original structure is in need of repair/replacement – major leaks detected;
Insulation required if area is to be living space that is conditioned – no insulation; no
permit for insulation; energy code requirements not met.
In rebuttal, the applicant/property owner states that the property meets “all current codes including
building, structural, electrical, mechanical, fire and plumbing.” And that no changes have been made
since completing the 1999 and 2004 permits. (See letter from Philip Matonte CGC028725).
CONCLUSIONS OF LAW
1. The building has had construction done without permit or inspection;
2. The structure exists in an UNSAFE (as defined by code) condition;
3. The Building Official is entitled to proceed in accordance with remedies provided for in the
Standard Unsafe Building Abatement Code with Clearwater amendments, including, but not
limited to repair and demolition.
Proper notice was provided to the property owners under the Standard Unsafe Building Abatement Code
with Clearwater amendments. An appeal of the decision of the Building Official was filed by Philip
Matonte, co-owner and General Contractor on December 14, 2010. The appeal was filed consistent with
the timeframe established in the Community Development Code (CDC), Part II, Building and
Development Regulations Section 47.161(1) (401.)1. The appellant argues in documents submitted that
no work has been done to the structure that was not authorized by the permits issued in 1999 and 2004.
Pursuant to CDC Sections 47.161(1) (105) the Building/Flood Board of Adjustment and Appeals has the
authority to provide for adjustments and appeals to the Standard Unsafe Building Abatement Code with
Clearwater amendments and shall have the authority to make the final interpretation of the provisions of
such code.
RECOMMENDATION TO THE BOARD
Deny the appeal of the applicant and let the decision of the Building Official, citing the structure as
UNSAFE, remain, allowing the Building Official to proceed in accordance with remedies provided for in
the Standard Unsafe Building Abatement Code with Clearwater amendments, including, but not limited to
repair and demolition.
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