01/23/2012
BUILDING/FLOOD BOARD OF ADJUSTMENT AND APPEALS MEETING MINUTES
CITY OF CLEARWATER
January 23, 2012
Present: John H. Logan, Jr. Chair
Pankaj Shah Board Member
Gary Richter Board Member
Absent: Edward H. Walker, Jr. Board Member
Arthur Shand Board Member
Also Present: Gina Grimes Attorney for the Board
Leslie Dougall-Sides Assistant City Attorney
Kevin Garriott Building Official
Patricia O. Sullivan Board Reporter
The Chair called the meeting to order at 2:08 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 6, 2011
Member Richter moved to approve the minutes of the regular Building/Flood Board of
Adjustment and Appeals meeting of December 6, 2011, as submitted in written summation to
each board member. The motion was duly seconded and carried unanimously.
3 – New RequestVARIANCE
:
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Case: BAA2011-11005 - 1140 Mandalay Point – Legal Description: Mandalay Point Sub 1 Add
Lots 10 & 10A, 11 & 11A & N 1/2 Lot 9 & 9A & RIP Rts – Appellant Name: Where’s the Turtle,
LLC – Agent Name: Jordan Behar – Description of Request: To declare existing seawall inactive
and to declare rear yard setbacks be removed from the existing inactive seawall. Propose all
rear yard setbacks be taken from the CCCL (Coastal Construction Control Line), which is within
the rear property line.
See Staff Report: BAA2011-11005 2012-01-23
Jordan Behar, representative for the applicant, requested that the seawall be declared
inactive and rear yard setbacks be removed from the seawall. He said the beach is growing;
the deteriorating seawall is approximately 350 feet from the water.
Building Official Kevin Garriott said the City has no objections to the request. The board
previously declared nearby seawalls to be inactive. The board does not have jurisdiction over
zoning issues.
Member Shah moved that the Building/Flood Board of Adjustment and Appeals
approved the request to declare the existing seawall at 1140 Mandalay Point Road to be
Building - Flood 2012-01-23 1
inactive based on the board's previous decisions that the seawall structure is not critical. The
motion was duly seconded and carried unanimously.
4— New Request: APPEAL BUILDING OFFICIAL'S DECISION
Case: BAA2011-12006— 1 Windward Island — Legal Description: Island Estates of Clearwater
Unit 4 Lot 18—Appellant Name: David &Aileen Bair—Agent Name: Johnson, Pope, Bokor,
Rupel & Burns, LLP Katherine E. Cole— Description of Request: Appeal Stop Work Order
issued for construction of non-substantial improvement to residential home.
Attorney for the Board Gina Grimes stated Case BAA2011-12006 could not be heard
today as four votes are required to overturn a Building Official decision and only three members
are present.
Attorney Katherine Cole, representative for the Appellant, requested that a full board be
present when the case is heard and that a hearing be scheduled as soon as possible. Ms Cole
waived their right to have the case heard within 45 days of the December 1, 2011 submission.
Attorney Grimes said the City cannot guarantee meeting attendance; the board is
authorized to act on this matter with four members present. Once a meeting date is determined,
staff will contact board members explaining the importance of attendance.
Member Shah moved to continue Case BAA2011-12006 to a date uncertain. The
motion was duly seconded and carried unanimously.
5 -Adjourn
The meeting adjourned at 2:27 p.m.
C •
ding/Flood Board of Adjustment &Appeals
Attest:
Beard Reporte
Building - Flood 2012-01-23 2
CITY OF CLEARWATER
PLANNING AND DEVELOPMENT DEPARTMENT
STAFF REPORT
Meeting Date: January 23, 2011
Case Number: BAA2011-11005
Agenda Item: # 1
Owner/Appellant: Jordan Behar
Address: 1140 Mandalay Point
REQUEST
Request the Board to declare the existing seawall inactive and declare the rear yard setbacks be
removed from the existing inactive seawall.
BACKGROUND/ANALYSIS
The existing seawall is mostly buried in sand and does not hold back any water
The waterline is about 300+ feet west of the seawall
FINDINGS OF FACT
1.There is an 18’ setback from all seawalls according to Florida Building Code Section
3107-Pinellas Gulf Beaches Coastal Construction Code.
2.The wall is not functioning as a seawall.
3.Rear yard setback is not within the authority of this Board to change.
CONCLUSIONS OF LAW
1.The seawall is not functioning as a seawall
2.Requests for building setbacks are not within the authority of this Board.
3.Setbacks from the seawall are within the authority of this Board.
RECOMMENDATION TO THE BOARD
Approve the request to declare the seawall inactive. The Board cannot act on the property line
setback as it is not within the authority of this Board.
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