05/01/2012
BUILDING/FLOOD BOARD OF ADJUSTMENT AND APPEALS MEETING MINUTES
CITY OF CLEARWATER
May 1, 2012
Present: John H. Logan, Jr. Chair
Pankaj Shah Vice-Chair
Gary Richter Board Member
Steven L. Klar Board Member
Earle Cooper 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 –
April 3, 2012
Member Klar moved to approve the minutes of the regular Building/Flood Board of
Adjustment and Appeals meeting of April 3, 2012, as submitted in written summation to each
board member. The motion was duly seconded and carried unanimously.
3 – Continued RequestsAppeal of Building Official’s decision
:
3.1. Case: BAA2012-03003 – 2378 Covington Drive – Legal Description: Woodgate of
Countryside Unit 1 Lot 198 – Appellant Name: Tom O’Grady – Request: Obtain final roof
inspection approval for permit BCP2012-01237.
See Exhibit: Staff Report 2012-05-01
Appellant Tom O’Grady said language in Florida Building Code Chapter 611.11
references repairs to existing roofs. He said he replaced the roof at 2378 Covington Drive,
exceeding nailing patterns required by Florida Building Code Chapter R905.2.7, which
references roof replacement. He said the subject roof passed its in-progress inspection. He
learned of the discrepancy regarding the applicable building code chapter when scheduling final
inspection and submitting photographs of the nailing pattern. He said manufacturer instructions
do not reference nailing patterns.
Building Construction Inspector Dana Root said according to Florida Building Code
Chapter 6, the nail pattern and secondary water barrier shown in photographs submitted by Mr.
O’Grady were insufficient. Building Official Kevin Garriott said work performed by the Appellant
was recovery and replacement, not installation of a new roof; the Code references existing
buildings and existing roofs and the subject property is an existing building.
Building - Flood 2012-05-01 1
Discussion ensued with consensus that Florida Building Code Chapter 6 requirements
apply, rather than the existing Building Code, as the old roof was removed to the deck and a
new roof was installed. It was felt a repair references only an area of roof that is surrounded by
existing roof.
Mr. Garriott expressed concern that precedence not be set for future roofs.
Member Klar moved to find action on the request to be within the Board’s authority and
to grant the appeal and reverse or modify the Building Official’s decision or interpretation based
on evidence and testimony presented in the application, the Staff Report and at today’s hearing,
and hereby make the following Findings of Fact based on said evidence: this specific roof is
considered a new roof and meets requirements of Florida Building Section R905.2.7, and
hereby issue the Conclusions of Law that the criteria set forth in Code of Ordinances Section
47.035(1) are met, subject to the following conditions: this decision is specific to this application
and is based on these circumstances and reference to Code. The motion was duly seconded
and carried unanimously.
Items not on the Agenda
1. Election of Officers – Cont’d from April 3, 2012
Chair Logan declined reappointment.
Member Richter moved to appoint Pankaj Shah as Chair. The motion was duly
seconded and carried unanimously.
Member Shah moved to appoint Gary Richter as Vice-Chair. The motion was duly
seconded and carried unanimously.
2. Board Rules and Regulations
Attorney Grimes suggested the board consider amending its Rules & Regulations. She
said it would be logical for the Building Official to present his interpretation first at appeal
hearings. She said when the applicant/appellant presents first, the City’s position is sometimes
unclear. Assistant City Attorney Leslie Dougall-Sides said the current order is based on
appellant court hearings
Discussion ensued with comments it would help to understand the issue if the City
presents technical information first. It was felt the City should present its position regarding an
appeal first as the appellant then must convince the board that the City was wrong. It was
suggested determining the order of presentation should be based on appellant representation.
Building - Flood 2012-05-01 2
Attorney Grimes will provide the board with suggested rules changes and perhaps the
ability to modify the order of presentation based on a case's complexity.
It was requested that board members by provided copies of the application, NOA (Notice
of Approval), and all relevant materials.
4 -Adjourn
The meeting adjourned at 2:39 p.m.
Chair
Building/Flood Board of Adjustment &Appeals
Attest:
■G/As.-Al
:o'rd Rep
Building - Flood 2012-05-01 3
EXHIBIT: STAFF REPORT 2012-05-01
CITY OF CLEARWATER
PLANNING AND DEVELOPMENT DEPARTMENT
STAFF REPORT
Meeting Date: April 3, 2012 – Continued to May 1, 2012
Case Number: BAA2012-02002
Agenda Item: # 1
Owner/Appellant: Mr. Tom O’Grady
Address: 2378 Covington Drive
REQUEST
Request the Board to obtain an approved final roof inspection for permit BCP2012-01237.
BACKGROUND/ANALYSIS
Permit was for “
REROOF - 4/12 SLOPE; 27 SQUARES, INSTALL 2 LAYERS OF 15LB FELT
AND DIMENSIONAL SHINGLES. FL #20772.2; FL #5444.1”
Inspection pictures provided by contractor indicate secondary water barrier does not
comply with Florida Existing Building Code.
Request should be appeal of the building official’s decision to not pass inspection.
FINDINGS OF FACT
1.Final inspection requested for 1/24/12; inspection done on 1/24/12.
2.Inspector determined the underlayment was not installed to meet minimum code
requirements.
3.Inspector notes: “Secondary water barrier does comply with FBC Existing 611.7.2. I
took 2 pictures back to office”.
CONCLUSIONS OF LAW
1.Inspector determined secondary water barrier did not meet minimum code requirements.
2.Final inspection did not pass.
RECOMMENDATION TO THE BOARD
Approve the request after all roof components and installation meet minimum code requirements
at inspection.
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