10/04/2011
BUILDING/FLOOD BOARD OF ADJUSTMENT AND APPEALS MEETING MINUTES
CITY OF CLEARWATER
October 4, 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 2:00 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 –
June 7, 2011
Member Shah moved to approve the minutes of the regular Building/Flood Board of
Adjustment and Appeals meeting of June 7, 2011, as submitted in written summation to each
board member. The motion was duly seconded and carried unanimously.
3 – Continued Request
: None.
4 – New Request
:
4.1. Case: BAA2011-09001 – 178 Bayside Drive – Legal Description: Bayside Sub No. 4 Lot 20
& RIP Rts. – Appellant Name: Timothy L. Carda (Property Owner) – Agent Name: Jeff Knight
c/o Curtis Pools – Description of Request: Build residential concrete pool 14 feet from seawall
where 18-foot setback exists.
Please see Staff Report.
Jeff Knight, representative for property owner Timothy Carda, reviewed the request to
construct a swimming pool 14 feet from the seawall where an 18-foot setback exists. He said
seawall engineer Reuben Clarson had reported the tiebacks are 9 feet from the seawall cap and
the proposed swimming pool will not harm the integrity of the tiebacks or seawall.
Building Official Kevin Garriott reviewed the staff report and indicated the City has no
objection to the request. Access to the seawall for maintenance will be maintained. He noted
the Board previously required removable deck materials for all areas within the 18-foot setback.
In response to a concern that decking not cover the tiebacks, Mr. Knight said the deck
on the seaside of the pool will be 3 to 4 feet wide. A walkway to the dock also is planned.
Building - Flood 2011-10-04 1
Member Richter said with regard to the request for a Variance from the Standard
Technical Codes in Case BAA2011-09001 he moved to find action on the request to be within
the Board's authority and to find that the criteria set forth in Code of Ordinances Section
47.035(2) are met and to grant the request to allow the pool to encroach on the required
setback based on the evidence and testimony presented in the application, the Staff Report and
at today's hearing. The motion was duly seconded and carried unanimously.
5— Discussion Re Adoption of Policies & Procedures - Michael Delk
Assistant City Attorney Leslie Dougall-Sides said Code requires the Building/Flood
Board of Adjustment and Appeals to adopt Rules and Regulations and reviewed drafts of Rules
and Regulations, Rules of Procedures, and Motions.
In response to questions, Ms. Dougall-Sides recommended that staff poll members
regarding conflicts of interest and attendance when meeting materials are distributed. Board
members are allowed to ask questions at any time during a hearing. Rules of procedure are
necessary to provide minimum due process. Recommendations were made to condense
hearing procedures and for the agenda to indicate if a request is for a variance or appeal. Ms.
Dougall-Sides said forms are being updated. The agenda can be written to conform with correct
motions.
Mr. Garriott said adoption of the Policies and Procedures will be scheduled for the
November meeting.
6—Other Business: None.
7 -Adjourn
The meeting adjourned at 2:31 p.m.
ChdB ,ing/Flood Board of Adjustment&Appeals
Attest:
/
:o 'r:Reporte,
Building - Flood 2011-10-04 2
EXHIBIT: STAFF REPORT BAA2011-09001 2011-10-04
CITY OF CLEARWATER
PLANNING AND DEVELOPMENT DEPARTMENT
STAFF REPORT
Meeting Date: October 4, 2011
Case Number: BAA2011-09001
Agenda Item: #
Owner/Appellant: Timothy L. Carda; Agent: Jeff Knight, Curtis Pools
Address: 178 Bayside Drive, Clearwater, Florida 33767
REQUEST
An appeal to the Building Code requirement for 18’ setback from seawalls where no
construction is allowed. Request to vary setback to 14’ (4’ encroachment).
BACKGROUND/ANALYSIS
The pool planned for this address will encroach into the 18’ seawall setback. Design is shown in
application documents.
FINDINGS OF FACT
The property is located on a lot that is bordered on one side of the back yard by a seawall. The
pool as designed as shown and located as shown encroaches into the seawall setback.
CONCLUSIONS OF LAW
1.Florida Building Code Chapter 31; Section 3107.6.2.2.2 – Pinellas Gulf Beaches Costal
Construction Code prohibits construction within 18 feet of the seawall.
2.The property owner has a pool designed and located within the setback.
A variance to the requirements of Chapter 31 is requested. The Board has on previous
installations required the seawall to be re-engineered, redesigned, and re-constructed to
accommodate consideration of reduction of the setback. No information has been provided from
the applicant of such reconstruction plans.
RECOMMENDATION TO THE BOARD
Approve the request contingent upon re-engineered, re-designed, and re-constructed seawall to
accommodate the pool planned. This would be consistent with other such installations within
Clearwater.
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