11/05/2013 BUILDING/FLOOD BOARD OF ADJUSTMENT AND APPEALS MEETING MINUTES
CITY OF CLEARWATER
November 5, 2013
Present: Pankaj Shah Chair
Gary R. Richter Vice-Chair
Steven L. Klar Board Member
Earle Cooper Board Member
Julie A. Daniels Board Member
Gale Pollack Alternate Board Member
Also Present: Maria Pitelis 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.
4 -Approval of Minutes — October 2, 2012
Member Cooper moved to approve the minutes of the regular Building/Flood Board of
Adjustment and Appeals meeting of October 2, 2012, as submitted in written summation to each
board member. The motion was duly seconded and carried unanimously. Alternate Member
Pollack did not vote.
5—Citizens to be Heard re Items Not on the Agenda: None
6 —Continued Requests: None
7 — New Requests: Variance
7.1. Case: BAA2013-09003 - 1076 Eldorado Avenue— Cont'd to 12/3/13
Legal Description: Mandalay Sub Blk 70, Lot 7 and RIP Rts. (lying S32-28-15)
Appellant Name: Thomas & Allison Novak
Agent Name: Katherine E. Cole, Esq., Hill Ward Henderson
Description for Request: Waiver of Building Code requirement for 18-foot setback from seawall.
Basis for Request: Seawall is non-functioning and is several hundred feet from the water.
Ground is same elevation from both sides. Structures do not depend on seawall for protection.
Case: BAA2013-09003 was continued to December 3, 2013.
7.1. Case: BAA2013-10004 - 740 Eldorado Avenue
Legal Description: Mandalay Sub Blk 3, Lot 3 and RIP Rts.
Appellant Name: Thomas Welsh
Agent Name: Rick Miller
Building - Flood 2013-11-05 1
Description for Request: Have seawall declared abandoned for purpose of installing a swimming
pool.
Basis for Request: Seawall has no purpose as beach sand has taken the place of the water.
See Exhibit: Staff Report 2013 -11 -05
Rick Miller, representative for the property owner, said the property owner wanted to
build a pool seaward of the house under construction. He said the seawall is inactive and
requested a waiver of the Building Code requirement for a setback from the seawall.
Building Official Kevin Garriott said staff did not object to the request. The 18 -foot
setback requirement is intended to provide access to tiebacks for seawall maintenance.
However, the seawall does not serve as a seawall. In response to a question, Assistance City
Attorney Leslie Dougall -Sides said the parcel includes a portion of the seawall. The City cannot
approve construction seaward of the CCCL (Coastal Construction Control Line).
Member Richter moved that with regard to the request for a Variance from Flood
Insurance Regulation in Case BAA2013- 10004, 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 and carried unanimously. Alternate Member Pollack did not vote.
8 — Director /Building Official Items
Mr. Garriott said the Building -Flood Board had requested staff to investigate the board's
ability to grant a blanket variance to setback requirements for the gulf front seawall. Staff has
been unable to locate a map of that seawall, which is fairly straight and close to the CCCL.
It was requested that staff investigate the board's ability to grant a blanket variance to
setback requirements for gulf front seawall sections located between the northernmost and
southernmost Clearwater Beach seawall sections previously granted variances by the board to
setback requirements, Tess seawall sections already granted that variance.
9 - Adjourn
The meeting adjourned at 2:21 p.m.
I -(31/3
Chair
Building /Flood Board of Adjustment & Appeals
Building - Flood 2013 -11 -05 2
Exhibit: Staff Report 2013-11-05
Meeting Date: November 5, 2013
Case Number: BAA2013-10004
Agenda Item: #2
Owner/Appellant: Thomas Welsh, owner
Rick Miller,Agent
Address: 740 Eldorado
REQUEST
Request the Board to declare the existing buried seawall inactive and nonfunctioning as a
seawall and, as such, to approve a zero foot setback where an 18'setback is required by
Chapter 31 of the Florida Building Code. The zero foot setback is requested to allow for
installation of a swimming pool.
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
• Ground level is same on either side of this structure.
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. The 18' setback would not apply if the structure is not a seawall.
CONCLUSIONS OF LAW
1. The seawall is not functioning as a seawall
2. Setbacks from the seawall are within the authority of this Board.
RECOMMENDATION TO THE BOARD
Approve the request to declare the seawall inactive and allow a zero foot setback.
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