Loading...
10/02/2012 BUILDING/FLOOD BOARD OF ADJUSTMENT AND APPEALS MEETING MINUTES CITY OF CLEARWATER October 2, 2012 Present: Pankaj Shah Chair John H. Logan, Jr. Board Member Steven L. Klar Board Member Earle Cooper Board Member Absent: Gary Richter Vice-Chair 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 — May 1, 2012 Member Logan moved to approve the minutes of the regular Building/Flood Board of Adjustment and Appeals meeting of May 1, 2012, as submitted in written summation to each board member. The motion was duly seconded and carried unanimously. 3 — New Request: Variance 3.1. Case: BAA2012-09004—750 Eldorado Avenue— Parcel legal description: Mandalay Sub Blk 3, Lot 5 & RIP Rts—Applicant Name: Brian Shay—Agent Name: Steven L. Klar— Request: Vacate need for 18-foot setback from underground buried seawall to edge of spa. See Exhibit: Staff Report 2012-10-02 Member Klar declared a conflict of interest. Building Official Kevin Garriott reviewed the staff report and presented aerial and street views of the property. As the board has approved similar cases in the past, it was recommended that the board, by acclimation, declare that the entire sea wall on north beach does not function as a seawall. Assistant City Attorney Leslie Dougall-Sides said FEMA (Federal Emergency Management Agency) would need to review that proposal. Attorney for the Board Gina Grimes said the Code could be amended so that a setback is not required immediately landward of the seawall. Building - Flood 2012-10-02 1 Steven Klar, architect for the applicant, said the seawall does not appear on the property's survey and is buried beneath the sand. Member Cooper moved to bring the item to a vote. The motion was duly seconded and carried unanimously. Member Cooper moved that with regard to the request for a Variance from Flood Insurance Regulation in Case BAA2012- 09004, to find action on the request to be within the Board's authority and to grant the request to declare the seawall inactive 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 forth in Code of Ordinances Section 51.11. The motion was duly seconded. Members Logan and Cooper and Chair Shah voted "Aye "; Member Klar abstained. Motion carried. Items not on the Agenda Rules of Procedure Revisions Attorney Grimes reviewed proposed revisions to the board's Rules of Procedure, based on board discussion at the last meeting. Member Cooper moved to adopt the revised Rules of Procedure. The motion was duly seconded and carried unanimously. Vacation of Sea Wall Setback Requirement Member Cooper moved to request staff to investigate the board's ability to provide a blanket variance to setback requirements for the gulf front seawall running north from the Clearwater Beach Hilton by the Roundabout past Carlouel, less properties previously approved. The motion was duly seconded and carried unanimously. 1 Windward Island Mr. Garriott and Attorney Dougall -Sides discussed the recent lawsuit filed by the property owner of 1 Windward Island regarding the board's decision to deny the property owner's appeal and to affirm the Building Official's decision which found that proposed work on the property constitutes "substantial improvement." 4 - Adjourn The meeting adjourned at 2:24 p.m. Attest: Chair Building /Flood Board of Adjustment & Appeals oard Reporter Building - Floo• 2012 -10 -02 2 EXHIBIT: STAFF REPORT 2012-10-02 CITY OF CLEARWATER PLANNING AND DEVELOPMENT DEPARTMENT STAFF REPORT Meeting Date: October 2, 2012 Case Number: BAA2012-09004 Agenda Item: # 1 Owner/Appellant: Mr. Brian Shay, 4012 Southwestern Blvd, Dallas, TX Address: 750 Eldorado, Clearwater, FL REQUEST Vacate the need for an 18' setback from underground buried seawall to the edge of our spa. BACKGROUND/ANALYSIS • The existing seawall is mostly buried in sand and does not hold back any water • The waterline is 300+ feet west of the seawall FINDINGS OF FACT 1. There is an 18' setback(landward) 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. The beach has grown larger to the west in front of the wall and now the waterline is about 300+ feet west. CONCLUSIONS OF LAW 1. The seawall is not functioning as a seawall 2. Setbacks from the seawall are within the authority of this Board. 3. In similar requests the Board has declared the seawall nonfunctioning, eliminating the need for setback. RECOMMENDATION TO THE BOARD Approve the request to declare the seawall inactive. 1 FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS LAST NAME —FIRST NAME — MIDDLE NAME Klar, Steven L. NAME OF BOARD, COUNCIL, COMMISSION, AUTHORITY, OR COMMITTEE Building /Flood Board of Adjustment & Appeals MAILING ADDRESS 44 /UZ X73 US 11 N — v THE BOARD, COUNCIL, COMMISSION, AUTHORITY OR COMMITTEE ON WHICH I SERVE IS A UNIT OF: COUNTY OTHER LOCAL AGENCY N CITY �' �ni� Ty it, /4,11`r�- �('1j.,�C�,1N ,, NAME NAME OF POLITICAL SUBDIVISION: City of Clearwater DATE ON WHICH VOTE OCCURRED , October 2, 2012 MY POSITION IS ■ ELECTIVE ►N APPOINTIVE WHO MUST FILE FORM 8B This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council, commission, authority, or committee. It applies equally to members of advisory and non - advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his or her special private gain or loss. Each elected or appointed local officer also is prohibited from knowingly voting on a mea- sure which inures to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (including the parent organization or subsidiary of a corporate principal by which he or she is retained); to the special private gain or loss of a relative; or to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or 163.357, F.S., and officers of independent special tax districts elected on a one -acre, one -vote basis are not prohibited from voting in that capacity. For purposes of this law, a "relative" includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father -in -law, mother -in -law, son -in -law, and daughter -in -law. A "business associate" means any person or entity engaged in or carrying on a business enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation are not listed on any national or regional stock exchange). ELECTED OFFICERS: In addition to abstaining from voting in the situations described above, you must disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the min- utes of the meeting, who should incorporate the form in the minutes. * * * * APPOINTED OFFICERS: Although you must abstain from voting in the situations described above, you otherwise may participate in these matters. However, you must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made by you or at your direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: • You must complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who will incorporate the form in the minutes. (Continued on other side) *APPOINTED OFFICERS (continued) • A copy of the form must be provided immediately to the other members of the agency. • The form must be read publicly at the next meeting after the form is filed. IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: • You must disclose orally the nature of your conflict in the measure before participating. • You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the meeting, who must incorporate the form in the minutes. A copy of the form must be provided immediately to the other members of the agency, and the form must be read publicly at the next meeting after the form is filed. DISCLOSURE OF LOCAL OFFICER'S INTEREST I, Steven L. Klar hereby disclose that on October 2 (a) A measure came or will come before my agency which (check one) ❑ inured to my special private gain or loss; inured to the special gain or loss of my business associate inured to the special gain or loss of my relative, ,2012 inured to the special gain or loss of Case BAA 2012 -9004 - 750 Eldorado Avenue (Applicant: Brian Shay) , by whom I am retained; or inured to the special gain or loss of , which is the parent organization or subsidiary of a principal which has retained me. (b) The measure before my agency and the nature of my conflicting interest in the measure is as follows: Q v - arc,,, Gd Dr r .tcoa ' of Pr -teA V Date Filed ure NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $10,000. CE FORM 8B - EFF. 1/2000 PAGE 2