12/06/2011
BUILDING/FLOOD BOARD OF ADJUSTMENT AND APPEALS MEETING MINUTES
CITY OF CLEARWATER
December 6, 2011
Present: John H. Logan, Jr. Chair
Edward H. Walker, Jr. Board Member
Gary Richter Board Member
Absent: Pankaj Shah Board Member
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 City Hall.
To provide continuity for research, items are in agenda order although not
necessarily discussed in that order.
2 - Approval of Minutes –
October 4, 2011
Member Walker moved to approve the minutes of the regular Building/Flood Board of
Adjustment and Appeals meeting of October 4, 2011, as submitted in written summation to each
board member. The motion was duly seconded and carried unanimously.
3 – Continued Request
: None.
4 – New Requests
4.1. Case: BAA2011-09003 – 1472 Jordan Hills Court, Legal description: Jordan Hills Lot 4,
Appellant Name: Stephen M. Kobernick, Agent Name: Oliveri Architects, Request to allow the
installation of batt insulation to be placed directly above lay in ceiling. Project is renovation to
existing building; new installation matches existing condition – Variance request
Please see Staff Report BAA2011-09003 2011-12-06
Representative Joe Oliveri said the property owner had purchased and rehabilitated the
1,800 square-foot office building, built in 1995, and constructed a 360 square-foot addition. He
requested that batt insulation above the acoustical ceiling be allowed to remain.
Building Official Kevin Garriott said the 2007 Building Code does not allow batt insulation
on top of acoustical ceilings. This project is a renovation and leaving the batt insulation in place
does no harm; replacing it would require installation of a new system. Staff has no objection to
the request.
With regard to the request for a Variance from the Standard Technical Codes in Case
BAA2011-09003, Member Richter moved that action on the request is found to be within the
Board’s authority, that criteria set forth in Code of Ordinances Section 47.035(2) are met, and to
Building - Flood 2011-12-06 1
grant the request 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.
4.2 Case: BAA2011-10004 – 619 S. Gulfview Blvd., Legal description: Bayside Sub No. 5 Blk C,
Lots 1 thru 5 7 RIP rts, Appellant Name: Shephard’s Beach Resort, Agent Name: Jordan Behar,
Request to construct a dry flood-proof, single story, FEMA compliant commercial structure fully
contained within an AE designated flood zone – Appeal Building Official’s Interpretation.
Please see Staff Report BAA2011-10004 2011-12-06
Jordan Behar, representative for the applicant, reviewed the request to construct a flood-
proofed, commercial building in an AE designated flood zone, beneath a 9-story hotel structure
which extends into a VE designated flood zone. He said the new building will house a lobby
and offices; mechanical, electrical, and plumbing systems will be fully independent and isolated
from the hotel. The building will feature a separate roof, foundation, and walls. He said nothing
in FEMA (Federal Emergency Management Agency) regulations prohibit a building to be
constructed beneath a building. He requested clarification that this use is allowed.
Mr. Garriott said the board had approved a similar application for the Aqualea Hyatt;
construction of the food service building has not begun. The new building must be flood-
proofed. The hotel has breakaway walls because a portion of that structure is in the VE
designated flood zone. Assistant City Attorney Leslie Dougall-Sides said the City received no
negative feedback from FEMA since the Aqualea approval.
Concern was expressed that debris from the breakaway walls may damage the new
structure during a storm surge.
With regard to the Appeal from the Building Official’s decision or interpretation in Case
BAA2011-10004, Member Richter moved to find action on the request to be within the Board’s
authority and to grant the appeal and modify the Building Official’s interpretation based on the
evidence and testimony presented in the application, the Staff Report and at today’s hearing,
and the plans presented and hereby make the following Findings of Fact based on said
evidence: FEMA does not prohibit the proposed use and the building will be constructed
separately in the AE designated flood zone and hereby issue the Conclusions of Law that the
criteria set forth in Code of Ordinances Chapter 51 – Flood Damage Prevention are met. The
motion was duly seconded and carried unanimously.
5 – Discussion on Policies & Procedures
Ms. Dougall-Sides said staff will update related Code sections in the future. The City
Attorney opined proposed Rules of Procedure meet minimum requirements for quasi judicial
hearings. She discussed the Board having separate counsel at some future meetings.
Discussion ensued with consensus to amend Section 2 title to read “Quorum,” and for
the section to read, “A quorum of three members is required to conduct the business of the
Board.”
Building - Flood 2011-12-06 2
Member Walker moved to adopt the Rules of Procedure for the Building/Flood Board of
Adjustment and Appeals, as amended above. The motion was duly seconded and carried
unanimously.
6—Other Business:
The January meeting will be rescheduled to a date to be determined.
7 -Adjourn
The meeting adjourned at 2:47 p.m.
7i/ Cl
B od Board of Adjustment &Appeals
Attest:
:oard Report=
Building - Flood 2011-12-06 3
STAFF REPORT: BAA2011-09003 2011-12-06
CITY OF CLEARWATER
PLANNING AND DEVELOPMENT DEPARTMENT
STAFF REPORT
Meeting Date: November 1, 2011
Case Number: BAA2011-09003
Agenda Item: # 1
Owner/Appellant: Joseph Oliveri, Architect for Stephen Kobernick, DDS
Address: 1472 Jordan Hills Ct.
REQUEST
Variance to Florida Building Code (FBC) Section 13-404.A.B.1. To allow the installation of
fiber glass batt insulation placed directly above the lay-in ceiling.
BACKGROUND/ANALYSIS
Inspection resulted in correction notice for installation that is in violation of code section
noted above.
Insulation was installed immediately over dropped lay-in ceiling on existing building
before renovation began.
Renovation has installed new ceiling with insulation in same place as before the
renovation.
FINDINGS OF FACT
The FBC first included the current text in the 2004 version – affective October 1, 2005. FBC
2007 reads: “Roof insulation shall not be installed on a suspended ceiling with removable
ceiling panels.”
CONCLUSIONS OF LAW
1.The installation described here does not meet the current code requirement.
2.The installation is the same as was existing before renovations began.
3.The building envelope insulation would need to be redesigned to meet current code
requirements.
RECOMMENDATION TO THE BOARD
Approve the request to allow the new insulation installation to remain the same as the existing
installation. This system has been in place for many years and has not proved to be problematic.
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CITY OF CLEARWATER
PLANNING AND DEVELOPMENT DEPARTMENT
STAFF REPORT
Meeting Date: December 6, 2011
Case Number: BAA2011-10004
Agenda Item: # 2
Owner/Appellant: Jordan Behar, Architect for Shepherds’ Beach Resort
Address: 619 S. Gulfview Boulevard
REQUEST
Variance to Clearwater Ordinance Chapter 51 – Flood Damage Prevention. To allow the
construction of a separate building constructed under a “V” zone building. The building would
be located within the “A” flood zone.
BACKGROUND/ANALYSIS
Location of the proposed building falls within the footprint of a building that is in a “V”
flood zone.
Proposed building would be totally separated in structure and utilities.
Proposed building would be located in an “A” flood zone when considered alone.
“A” flood zone buildings can be floodproofed in “A” zones.
Flood proofing would allow for use as commercial space.
FINDINGS OF FACT
The location of the building is shown in an “A” zone but located within the footprint of a “V”
zone building. Without Board action, the proposed building would be considered a “V” zone
also as it is within the footprint.
CONCLUSIONS OF LAW
The proposed building can be designed to be located in an “A” zone and floodproofed.
Considered as a separate and independent entity, the structure can be considered on its
own. As a separate structure it can be floodproofed and used for commercial hotel
support space.
Similar plans were previously presented to, and approved by, the Board for 301 S.
Gulfview – Aqualea (Hyatt Hotel).
RECOMMENDATION TO THE BOARD
Approve the request to allow the new independent flood-proofed structure in an “A” flood zone.
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