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04/12/2006 BOARD OF ADJUSTMENT AND APPEAL ON BUILDING/FLOOD CONTROL MEETING MINUTES CITY OF CLEARWATER April 12, 2006 Present: John H. Logan, Jr. Chair Edward H. Walker, Jr. Board Member Pankaj Shah Board Member Gary Richter Board Member Absent: Arthur Shand Board Member Also Present: Leslie Dougall-Sides Assistant City Attorney Kevin Garriott Building Official Brenda Moses Board Reporter The Chair called the meeting to order at 2:00 p.m. at the Municipal Services Building. To provide continuity for research, items are in agenda order although not necessarily discussed in that order. A - Approval of Minutes – February 8, 2006: Member Walker moved to approve the minutes of the regular meeting of February 8, motion 2006, as submitted in written summation to each board member. The was duly carried seconded and unanimously. B – Continued Requests: 1) Case #BAAF06-04 – 1282 Lotus Path, Owner – Emily Notaras, 158 Union Street #3N, Ridgewood, NJ 07450. Representative: Allison E. Butler, 5830 Ironwood Street, Rancho Palos Verdes,CA 90275. Request: Variance to City Ordinance 47.051(1)(e). Parcel 15-29-15-54036- 005-0160. Building Official Kevin Garriott said the property owner, Emily Notaras, lives in New Jersey and her attorney is in California. Assistant City Attorney Leslie Dougall-Sides said the board was provided a packet of letters and e-mails regarding the case. She said Ms. Notaras’ attorney, Allison Butler, requests a continuance until August 2006 so that she and her client can be present. It appears the request is for a continuance rather than an extension of time. Mr. Garriott said the City opposes a continuance, as the property owner has done nothing to correct the violation. The case was pulled last month to afford the property owner more time. In response to a question, Mr. Garriott said the roof was severely damaged by fire but the walls are not in danger of collapse. The City has secured the windows and walls to prevent access. Building - Flood Control 2006-04-12 1 While Ms. Butler had complained that the Notice of Violation did not identify required repairs, Ms. Dougall-Sides had determined the notice was sufficient. Mr. Garriott said the property has been in its current condition for more than five months. The property owner has had sufficient time to apply for permits and take action to make repairs. Ms. Dougall-Sides said Ms. Notaras also requested an additional four to six weeks for her engineer to assess damages. In response to a question, Mr. Garriott said the structure has not been deemed unstable. However, if the structure poses an eminent danger, the City could tear it down. The City already issued a notice of unsafe structure and provided sufficient time for the property owner to remedy the situation before the City had to secure the building for her. Consensus was for staff to present the case. Mr. Garriott reviewed a Power Point presentation that included photographs of fire damage to the interior and exterior of the house at 1282 Lotus Path. The roof is almost destroyed. Burned materials can be smelled from vehicles passing the house. Discussion ensued regarding a reasonable time for the property owner to obtain permits and complete all necessary repairs. Member Walker moved to approve a 60-day extension to obtain building permits, until June 11, 2006, and for repairs to be completed within an additional 90 days, by September 9, 2006, to the structure at 1282 Lotus Path, to meet Section 47.051(1)(e) City Code of motioncarried Ordinances. The was duly seconded and unanimously. C – New Request: 1) Case #BAA 06-05 – 990 N. Osceola Avenue. Owner – SID Clearwater Marine LLC, 2840 West Bay Drive, Suite 135, Belleair Bluffs, FL 33770. Representative: Daniel Ualenke, 1490 Donagan Road, Largo, FL 33771. Request: Appeal Building Official’s decision of City Ordinances 51.32(6)(1). Located at J.A. Gorra’s Sub Blk 2 Lots 1, 2, and 3 & Vac Nicholson St Adj. S of Lot and Sue Barco Sub and more. Parcel 09-29-15-32184-002-0020. Al Cowan, Director of Development, SID Clearwater Marine LLC, requested to appeal staff’s decision regarding a dock master facility at the Antigua Bay Yacht Club at 990 N. Osceola Avenue. He distributed a copy of the site plan and operating budget and reviewed the project, which is under construction. Mr. Garriott said the property, in a flood zone, must comply with FEMA (Federal Emergency Management Agency) BFE (Base Flood Elevation) regulations. The applicant proposes use of space below BFE for a dockmaster office. The property also is in a V (Velocity) Zone where flood proofing is not possible. Project Architect Al Santiestaban said as planned, the dock master facility will have one attendant, who would not live in the building and would perform routine duties for residents and act accordingly in case of emergencies. He said the facility, an embellished shade structure, will feature breakaway construction and tempered glass windows but no plumbing, etc. He said windows are necessary to provide the dock master with a clear view of the marina. Plans Examiner Mark Matheny said staff had informed the applicant during site plan review that the windows do not comply with FEMA regulations. Ms. Dougall-Sides read the Building - Flood Control 2006-04-12 2 applicable section of Code related to breakaway walls and uses below the BFE. Mr. Santiestaban said the dockmaster would use the facility and the space is similar to a storage area. Ms. Dougall-Sides said the applicant had indicated that a desk and other office materials would be in the facility. Mr. Matheny said windows are not considered blow out materials in a V Zone. The floor of the facility would be lower than BFE. Mr. Garriott said space below BFE can only be used for storage and approval for other uses would jeopardize the City’s flood insurance program for everyone. Commercial uses can be floodproofed in “A” flood zones, but not in “V” zones. Discussion ensued with a suggestion that wooden shutters could cover the windows during storms. Mr. Matheny said FEMA considers the overall structure, not just windows. Mr. Santiestaban said the dock master facility provides a necessary function in the marina and no alternatives exist. He said the project is unique. Dan Delaney of Sunwest Construction suggested that roll down storm shutters could be used. Mr. Garriott said the applicant could consider making the proposed facility an open air structure instead of an enclosed office. Mr. Cowan said the dock master facility would be 9 feet above grade. It was noted that raising the structure would obstruct residents’ views. In response to a question, Mr. Garriott said that to his knowledge, marinas are not required to have dock masters. Mr. Matheny said while FEMA does not list all prohibited uses and items in a “V” zone, it does list permitted uses and items. Mr. Garriott said the space only can be used to park vehicles, access a building, or for limited storage of maintenance equipment. If a variance is granted that conflicts with FEMA rules, flood insurance rates in Clearwater could be adversely affected. Mr. Garriott said permitting the proposed windows would establish precedence. Mr. Garriott and Ms. Dougall-Sides read applicable sections of the Code that permit only one door, no windows, and no office uses for structures BFE. Discussion ensued with comments that a variance would not allow office uses in the dock master facility and a variance could be conditional and not set precedent. Concern was expressed the facility could become a code enforcement issue if it is used for something other than what is permitted by Code. Mr. Delaney said he could present staff with a window shutter design that meets requirements for blow out walls. Member Walker moved to grant a variance from Code Section 51.326(5) for 900 N. Osceola Avenue to allow construction of a dock master storage building, provided that openings are covered with removal panels that meet wall loading requirements, that the facility feature motion only one door, and that it be used strictly for incidental storage. The was duly seconded. Member Walker and Chair Logan voted “Aye”; Members Shah and Richter voted failed “Nay.” Motion . 2) Case #BAA06-06 – 1700 Drew Street. Owner – Laconian Society, 667 Snug Is., Clearwater, FL 33767. Representative: Terry Tsafatiuos, 617 Cleveland Street, Clearwater, FL 33755. Request: Extension of Time. Located at Drew Manor Lot 48. Parcel 11-29-15-22500-000-0480. Mr. Garriott reported the Laconian Society’s building at 667 Snug Island was cited as unsafe. The organization was to apply for permits and perform work to resolve unsafe building issues. Building - Flood Control 2006-04-12 3 . . . Terry Tsafatious, representative for the Laconian Society, said permits were obtained two weeks ago and all necessary work has been completed. Development Services Review Technician Kyle Wilson confirmed that the City had issued permits for the site. Consensus was to dismiss the case. Other One citizen said he was unfamiliar with board procedures, but had wanted to comment on Case # BAAF06-04 for 1282 Lotus Path regarding safety issues related to the roof, the smell, and debris that is spilling into his yard. Mr. Garriott reviewed the process and suggested he contact staff regarding the status of progress. Adiournment ~v/ Lrr Chair Board of Adjustment & Appeal of Building/Flood Control The meeting adjourned at 3:14 p.m. Attest: Yfwtp/rJ/M Board Reporter Building - Flood Control 2006-04-12 4