06/07/2011
BUILDING/FLOOD BOARD OF ADJUSTMENT AND APPEALS MEETING MINUTES
CITY OF CLEARWATER
June 7, 2011
Present: Edward H. Walker, Jr. Acting-Chair
Pankaj Shah Board Member
Gary Richter Board Member
Absent: John H. Logan, Jr. Chair
Arthur Shand 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 2:07 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 –
April 5, 2011
Member Richter moved to approve the minutes of the special Building/Flood Board of
Adjustment and Appeals meeting of April 5, 2011, 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: MIS2011-05002 – 619 Gulfview Boulevard – Legal Description: Bayside Sub No. 5
Blk C, Lots 1 thru 5 & RIP Rts – Agent Name: Daniel Dennehy – Appellant Name: Shephard’s
Beach Resort – Request: Allow gas line and connection for future ceiling mounted space
heaters at outdoor tiki bar (connections and heaters will be above Base Flood Elevation.
See Exhibit: Staff Report MIS2011-05002 2011-06-07.
Daniel Dennehy, representing Shephard’s Beach Resort, said the applicant had
completed construction of the tiki hut, as permitted, and also installed gas lines above BFE
(Base Flood Elevation) for space heaters. He said other gas lines are for tiki torches in the
cabana area, which has no enclosed structures. He said all gas lines have shut offs.
Building Official Kevin Garriott said the Building/Flood Board of Adjustment and Appeals
had approved the tiki hut as a temporary structure with temporary water hookup, no heating,
and no air. The tiki hut will not have gas appliances. He said the City would not object to the
installation of the gas lines if the Board requires the same type of connection required for the
water, drains, and electrical.
Building - Flood 2011-06-07 1
Representative Scott Michalec, of Griner Engineering, said the gas lines will disconnect
at the valve, which is approximately one-foot above BFE. Mr. Garriott said the request is for an
after the fact permit as the gas lines have been installed. Mr. Dennehy reported the snap lock
disconnects work quickly and easily. No food preparation will occur in the tiki hut. Mr. Garriott
said fire inspector approval will be necessary.
Member Richter moved that the Building/Flood Board of Adjustment and Appeals
approved the request to grant a variance to install gas lines with snap lock disconnects for two
heaters at the tiki bar at 619 Gulfview Boulevard, as long as the disconnects are approved by
the fire inspector, located above BFE (Base Flood Elevation), and are disconnected with other
utilities before a storm event. The motion was duly seconded and carried unanimously.
5—Adjourn
The meeting adjourned at 2:16 p.m.
Chair
Building/Flood Board of Adjustment &Appeals
Attest: 4‘,"
Board Repo,
Building - Flood 2011-06-07 2
EXHIBIT: STAFF REPORT MIS2011-05002 2011-06-07
CITY OF CLEARWATER
PLANNING AND DEVELOPMENT DEPARTMENT
STAFF REPORT
Meeting Date: June 7, 2011
Case Number: MIS2011-05002
Agenda Item: #1
Owner/Appellant: Daniel Dennehy – Shepard’s Beach Resort
Address: 619 Gulfview Clearwater, Florida 33767
REQUEST
An appeal of the Building Official’s decision for use other than what is permitted below the
base flood elevation – installation for gas lines for attachment of gas appliances.
BACKGROUND/ANALYSIS
This existing hotel has gotten previous approval for construction and installation of this
“tiki’hut” type pavilion in the pool deck area below base flood elevation. The construction and
use was approved by this board with limitations.
The owner is proposing to expand the use of this structure by addition a natural gas line.. The
gas line will provide natural gas for gas appliances. The pavilion structure is unconditioned and
open and is constructed of water resistant materials. It has indirect or disconnectable plumbing
and electrical connections.
FINDINGS OF FACT
The board has approved the construction and use based on the facts that the pavilion would be
constructed so that could be abandoned and disconnected from utilities in a storm event.
Addition of this gas line adds one more utility that would be affecting the closing down and
abandonment of this structure in a storm event.
CONCLUSIONS OF LAW
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 for Unsafe Building
Abatement Code and shall have the authority to make the final interpretation of the provisions of
such code.
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EXHIBIT: STAFF REPORT MIS2011-05002 2011-06-07
RECOMMENDATION TO THE BOARD
Approve the request with stipulations that follow basic floodplain management philosophy and
FEMA allowable uses below the base flood elevation.
Provide disconnection of gas service at a safely prescribed location out of the base flood
elevation. Gas would be disconnected with other utilities before a storm event.
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