Loading...
10/08/1997BOARD OF ADJUSTMENT AND APPEAL ON BUILDING/FLOOD CONTROL MEETING CITY OF CLEARWATER October 8, 1997 Present: John H. Logan, Jr. Chair Edward H. Walker, Jr. Board Member Pankaj Shah Board Member Carroll Nall, Jr. Board Member Leslie Dougall-Sides Assistant City Attorney Vic Chodora Central Permitting Assistant Director Bill Wright Building Construction Inspector Patricia O. Sullivan Board Reporter Absent: Michael D. Corcoran Board Member The 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. ITEM #1 - Approval of Minutes Member Shah moved to approve the minutes of the regular meeting of August 13, 1997, as recorded and submitted in written summation to each board member. The motion was duly seconded and carried unanimously. ITEM #2 - Continued Requests - None. ITEM #3 - New Requests a) 600 Magnolia Avenue, Clearwater, Florida; Virginia Morellit, Owner, Vincent Morelli, Representative. Applicant requests additional time to comply with Section 47.161 of the Clearwater Code of Ordinances. Located at Magnolia Park, Blk 32, Lot 24. Parcel No: 15/29/15/54450/032/0240 (Request for remodeling is not a permitted use in OL zone) The applicant indicated he had obtained a permit to remodel the warehouse into a sandwich shop and requested 120 days for completion. According to the application, the architect has submitted completed plans to the Engineering Department. He indicated the building, constructed of concrete walls on a concrete slab, is in no danger of collapsing. The proposed sandwich shop will be well landscaped and create a positive image. The applicant requested additional time to comply with Section 47.161 “Unsafe Building Systems” City Code of Ordinances. Vincent Morelli, Representative, reported the building had deteriorated during the past few years while he dealt with personal problems. He said the roof will be replaced. Building Construction Inspector Bill Wright distributed photograph sheets from Unsafe Structure Reports dated September 3, 1997, and October 6, 1997. He expressed concern the applicant may not be able to pursue his plans due to zoning restrictions. Mr. Morelli said when the subject property was rezoned approximately 7 years ago, he was advised his ability to develop his property under commercial zoning restrictions would be grandfathered. He said he was never notified of a change. In response to a question, he said necessary repairs will begin within 60 days. Member Shah moved to approve a 60-day extension to repair the structure at 600 Magnolia Avenue to meet Section 47.161 City Code of Ordinances regarding unsafe buildings. The motion was duly seconded and carried unanimously. b) 808 Lotus Path, Clearwater, Florida, Guiseppe Rivellini/Patricia J. Tessier, Owner. Applicant requests additional time to comply with Section 47.161 of the Clearwater Code of Ordinances. Located at Magnolia Heights, Blk 3, Lot 14. Parcel No.: 15/29/15/54414/ 003/0140 The owner requested stoppage of a demolition order for the subject property. The owner indicated all repairs requested by the City would be addressed and requested additional time to comply with Section 47.161 “Unsafe Building Systems” City Code of Ordinances. Bruce Harlan, Representative, said the owner had obtained the subject property last month and wished to upgrade the house for rental. A general contractor has been secured and bids are being sought for plumbing, air-conditioning, electricity, etc. The building’s poor condition reflects recent neglect. The overgrowth will be cleared and the backyard shed will be removed. Mr. Wright distributed photograph sheets from the Unsafe Structure Report dated August 11, 1997. The building has holes in the walls and windows. He recommended securing it immediately, noting plywood can be used for only 30 days to cover windows and doors. Karen Bishop expressed concern regarding the property’s shabby condition and requested it be repaired. Member Nall moved to approve a 60-day extension to repair the structure at 808 Lotus Path to meet Section 47.161 City Code of Ordinances regarding unsafe buildings. The motion was duly seconded and carried unanimously. Mr. Harlan stated immediate action will be taken to secure the building. c) 601 -603 Spencer Avenue, Clearwater, Florida, Sandra D. & James E. Winklemann, Owners; John Burnett, Representative. Applicant wishes to appeal the official notice of unsafe building under Section 47.161 of the Clearwater Code of Ordinances. Located at Spencer Heights, Lot 5. Parcel No.: 14/29/15/84753/000/0050 John Burnett, Representative, requested to appeal the “Notice of Unsafe Building,” charging all problems related to the building result from drainage and flooding problems due to the City-built and maintained retention pond, drainage culverts, etc. The applicants indicated they “waive no rights and expressly retain all rights and claims, including without limitation, inverse condemnation claims, claims under the private property rights protection act, and all other claims available.” Mr. Burnett said the Winklemann’s replied immediately to the City’s July 21, 1997, inquiry regarding the purchase of the subject property. The letter did not offer a specific price. The City has sent no follow-up information. The property has flooding problems and is sinking. Mr. Burnett is waiting for an engineering report. He suggested the City is responsible for the duplex’s structural problems. He has a meeting scheduled on Friday to discuss this issue with the City Attorney and Central Permitting Assistant Director Vic Chodora. He said the City’s purchase of the property would resolve significant flooding problems that occur several times a year.. Mr. Wright distributed photograph sheets from the Unsafe Structure Report dated August 18, 1997. The August 4, 1997, Unsafe Structure Report indicated the structure’s exterior has high water marks on the rear entry doors and structure. The front of the building is approximately 12 to 16-inches higher than the rear and has no steps or off set. The structure’s interior floors run down hill approximately 12 to 16-inches from the front to the back. Neither the refrigerator nor stove is level. Water damage is evident to the drywall, carpet, and tenants’ personal belongings. Mr. Chodora reported the structure shows signs of stress. Mr. Burnett said the building leans toward the retention pond. He reported the retention pond fills with runoff from the shopping center and nearby streets and at times, drains from the pond into the subject property’s yard. Mr. and Mrs. Willard Duncan stated they had lived in a subject duplex unit for more than 5 years. They said flooding occurs more often than twice a year. Linda Caldwell said she lives uphill from the subject property and flood water comes within inches of her home. Concern was expressed the units not be rented until repairs are made. Drew Carasa said the problem has existed for a long time. It was noted the structure may not be repairable. Mr. Burnett said his clients would love to sell the property to the City. In response to a question, Assistant City Attorney Leslie Dougall-Sides said the City’s inquiry regarding the property did not indicate such a purchase could be funded. She suggested approving a 60-day extension to allow the property owners to work with the City, as long as the property owners agree not to rent out the units until the problems are resolved. Mr. Burnett said that is agreeable. He noted the condemnation stickers will remain on the units’ front doors. Member Shah moved to approve a 60-day extension for the applicant to meet with the City to resolve problems related to the structure at 601 -603 Spencer Avenue and if a resolution is not reached, staff can bring the issue back to BAABF (Board of Adjustment & Appeal on Building/Flood Control) or appropriate board. The motion was duly seconded and carried unanimously. ITEM #4 -Pending Matters - None. ITEM #5 - Adjournment The meeting adjourned at 2:59 p.m.