04/03/2012
BUILDING/FLOOD BOARD OF ADJUSTMENT AND APPEALS MEETING MINUTES
CITY OF CLEARWATER
April 3, 2012
Present: Pankaj Shah Vice-Chair
Steven L. Klar Board Member
Earle Cooper Board Member
Absent: John H. Logan, Jr. Chair
Gary Richter 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 Vice-Chair called the meeting to order at 2:04 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 –
March 6, 2012
Member Cooper moved to approve the minutes of the regular Building/Flood Board of
Adjustment and Appeals meeting of March 6, 2012, as submitted in written summation to each
board member. The motion was duly seconded and carried unanimously.
3 – New Requests
:
3.1. Variance - Case: BAA2012-02002 – 25 Causeway Boulevard – Legal Description: City Park
Sub W 10ft of N 60ft of Lot 12 & N 60ft of E 85ft of Lot 13 – Applicant Name: Clearwater Marine
Enterprises, Inc. - Agent Name: Matthew Tiernan – Request: Replace existing ticket booth with
new core ticket booth in the same location; existing ticket booth has been in place for 30 years.
See Exhibit: Staff Report 2012-04-03
Applicant representative Matthew Tiernan reviewed the request to replace, in its current
location, the 30 year-old ticket booth with an updated, more attractive one that meets Code.
Building Official Kevin Garriott reviewed the staff report; staff does not object to the
request. The building, which will serve tour boats, will be below base flood elevation, minimal in
nature, and meet criteria listed in City ordinances for variances.
Member Cooper moved that with regard to the request for a Variance from Flood
Insurance Regulation in Case: BAA2012-02002 to find action on the request to be within the
Board’s authority and to grant the request to replace the existing ticket booth with a new core
ticket booth in the same location based on the evidence and testimony presented in the
application, the Staff Report and at today’s hearing, and after due consideration of criteria set
Building - Flood 2012-04-03 1
forth in Code of Ordinances Section 51.11. The motion was duly seconded and carried
unanimously.
3.2. Appeal of Building Official's decision - Case: BAA2012-03003—2378 Covington Drive —
Legal Description: Woodqate of Countryside Unit 1 Lot 198—Appellant Name: Tom O'Grady—
Request: Obtain approved final roof inspection for permit BCP2012-01237.
As a minimum of four votes is necessary to overturn a Building Official decision, Case:
BAA2012-03003 was continued automatically to May 1, 2012.
Items not on the Agenda
It was requested that board members provide staff with their cell phone numbers for last
minute contact prior to meetings.
Election of Officers, to be scheduled annually at the April meeting, was continued
automatically to May 1, 2012.
4 -Adjourn
The meeting adjourned at 2:16 p.m.
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EXHIBIT: STAFF REPORT 2012-04-03
CITY OF CLEARWATER
PLANNING AND DEVELOPMENT DEPARTMENT
STAFF REPORT
Meeting Date: March 6, 2012
Case Number: BAA2012-02002
Agenda Item: # 2
Owner/Appellant: Matthew Tiernan
Address: 25 Causeway Blvd. Slip #52
REQUEST
Replace ticket booth with new ticket booth in same location as existing.
BACKGROUND/ANALYSIS
Property located in a “VE 13” flood zone.
New structures must be built above base flood elevation.
Additions and remodels must be limited to < 50% of the value of the structure.
Work proposed is new structure below the base flood elevation.
FINDINGS OF FACT
The applicant has applied for the required permit. The structure proposed is new and located
below the base flood elevation. The structure proposed is about 60 square feet. The function of
the building is for ticket sales for nearby tourist boat business.
CONCLUSIONS OF LAW
Remodeling of flood zone properties below the base flood elevation is limited to 50% or
less of the existing structure value.
New structures must be built above base flood elevation.
Flood proofing is only recognized in “A” flood zones.
This variance request seems to meet Sec. 51.11 “Variances from chapter”.
RECOMMENDATION TO THE BOARD
Approve the variance request based on the necessity of the facility to a waterfront location.
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