02/07/2012
BUILDING/FLOOD BOARD OF ADJUSTMENT AND APPEALS MEETING MINUTES
CITY OF CLEARWATER
February 7, 2012
Present: John H. Logan, Jr. Chair
Edward H. Walker, Jr. Board Member
Gary Richter Board Member
Steven L. Klar Board Member
Absent: Pankaj Shah 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 2:00 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 –
January 23, 2012
Member Richter moved to approve the minutes of the regular Building/Flood Board of
Adjustment and Appeals meeting of January 23, 2012, as submitted in written summation to
each board member. The motion was duly seconded and carried unanimously.
3 – New RequestVARIANCE
:
3.1. Case: BAA2011-12007 - 801 Snug Island – Legal Description Island Estates Of Clearwater
Unit 7B Lot 36 – Appellant Name: Donna E. Tomkins – Agent Name: Lewis Thibeault –
Request: Allow pavered lower deck area to intrude into required 18-foot setback by up to 9 feet
See Staff Report: BAA2011-12007 2012-02-07
Lewis Thibeault, representative for the appellant, reviewed the plan. He said travertine
pavers will allow access to the deadmen. He said as proposed, the two decks will extend 8 feet
into the 18-foot setback. He presented a drawing of the deadmen, noting none is below the
spa; City staff previously approved construction of items not interfering with the 18-foot setback.
Building Official Kevin Garriott said the major remaining consideration is the construction
of permanent retaining walls and stairs within the setback area. Removable pavers are
proposed for the deck areas and meet what the Board has established as criteria for approval.
Staff would have approved the request if it had been presented with a redesigned and
reconstructed seawall. The original seawall remains. Thus far, the applicant has not proposed
to redesign or reconstruct the seawall.
Building - Flood 2012-02-07 1
Mr. Thibeault said his engineer had submitted a letter stating that manaray anchors
would be sufficient to secure the seawall if necessary. He said the step wall by the spa existed
prior to this project. He said the pavers are removable.
With regard to the request for a Variance from the Standard Technical Codes in Case
BAA2011-12007, Member Richter moved to find action on the request to be within the Board's
authority, that criteria set forth in Code of Ordinances Section 47.035(2) are met, and to grant
the request, including approval for a new spa in the corner of the existing pool deck, based on
evidence and testimony presented in the application, the Staff Report and at today's hearing,
with conditions: 1) seawall must be redesigned and reconstructed to accommodate proposed
encroachments and 2) all pavers must be removable. The motion was duly seconded and
carried unanimously.
4—Continued 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— Request: Appeal Stop Work Order issued for
construction of non-substantial improvement to residential home.
Katherine Cole, representative for the Appellant, requested that Case: BAA2011-12006
be continued until a full board is present. Assistant City Attorney Leslie Dougall-Sides said the
City did not object to a continuance.
Member Richter moved to continue Case: BAA2011-12006 to a date uncertain when all
five board members can be present. The motion was duly seconded and carried unanimously.
5 -Adjourn
The meeting adjourned at 2:26 p.m. /
Ute/ Cha
Building/Flood Board of Adjustment &Appeals
Attest:
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Board Repo r
Building - Flood 2012-02-07 2
EXHIBIT: STAFF REPORT BAA2011-12007 2012-02-07
CITY OF CLEARWATER
PLANNING AND DEVELOPMENT DEPARTMENT
STAFF REPORT
Meeting Date: February 7, 2012
Case Number: BAA2011-12007
Agenda Item: # 1
Owner/Appellant: Donna E. Tomkins for Lewis Thibeault
Address: 801 Snug Island
REQUEST
Request the Board to allow pavered lower deck area to intrude into the required 18’ setback by
up to 9 feet.
BACKGROUND/ANALYSIS
The existing pool and deck will remain and are outside the setback area
New decking requires installation of retaining walls and steps
Decks are planned to be pavers
Drawings show a proposed spa encroaching the setback also
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 decks are removable
3.The proposed retaining wall, steps, and spa are not removable.
CONCLUSIONS OF LAW
1.Removable pavers can easily accommodate maintenance of seawall.
2.Poured concrete structures will not be as easily removed and replaced.
3.No evidence presented that seawall has been re-engineered and reconstructed to
accommodate the new construction.
RECOMMENDATION TO THE BOARD
Follow precedent set on other properties and require seawall to be re-engineered and
reconstructed to accommodate setback encroachment. Approve decks, retaining wall, and spa
encroachment contingent upon seawall work completion.
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