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04/14/1998BOARD OF ADJUSTMENT AND APPEAL ON BUILDING/FLOOD CONTROL MEETING CITY OF CLEARWATER January 14, 1998 Present: John H. Logan, Jr. Chair Edward H. Walker, Jr. Board Member Michael D. Corcoran Board Member Pankaj Shah Board Member Carroll Nall, Jr. Board Member Vic Chodora Central Permitting Assistant Director Bill Wright Building Construction Inspector I Patricia O. Sullivan Board Reporter The Chair called the meeting to order at 2:06 p.m. at City Hall. To provide continuity for research, items are in agenda order although not necessarily discussed in that order. ITEM #1 - 508 N. Ft. Harrison Ave., Clearwater, Florida; Eileen M. Weatherilt, Owner; Allen Weatherilt, Representative. To request additional time to comply with Section 47.161 of the Clearwater Code of Ordinances. Located at O. Harrington’s Sub, Lot 5. Parcel No. 09/29/15/36936/000/0050 Allen Weatherilt, Representative, had requested additional time to comply with Section 47.161 “Unsafe Building Systems” City Code of Ordinances. The owner, his mother, is elderly and financially unable to make the necessary repairs. She has been a resident of Clearwater for more than 40 years and needs time to sell the property. Mr. Weatherilt expressed concern his mother had not been notified after vandals broke into the property last summer and stole plumbing and light fixtures. Building Construction Inspector Bill Wright distributed photograph sheets from the Unsafe Structure Reports. Mr. Weatherilt said the neighborhood surrounding the 100 year-old house is unsafe. Although the house has been on the market, his mother has not received any purchase offers. In response to a question, he said to avoid tenant problems, the house was not rented. Mr. Wright said the subject property is boarded up and the windows remain broken. The owner was notified of the unsafe condition on September 29, 1997. No work has been done since then. He said the structure has deteriorated since the break-in. If the City razes the structure, it will place a lien on the property. A monthly payment plan can be arranged. Mr. Wright did not know if an asbestos abatement would be required if the City contracts the demolition. Member Walker moved to approve a 60-day extension to raze or repair the structure at 508 N. Ft. Harrison Avenue to meet Section 47.161 City Code of Ordinances regarding unsafe buildings. The motion was duly seconded and carried unanimously. ITEM #2 - 724 S. Missouri Ave., Clearwater, Florida, Sibylle Clark & Cynthia L. Akers, Owner. To request additional time to comply with Section 47.161 of the Clearwater Code of Ordinances. Located at Mary Land, Blk B6, Lots 11, 12, 13, and part of Lot 14. Parcel No. 15/29/15/55764/006/0110 Sibylle Clark, Owner, had requested additional time to comply with Section 47.161 “Unsafe Building Systems” City Code of Ordinances. She indicated the property is under litigation. Dan Omerza, Representative, said the property, Jaguar Sports Lounge, was closed and under litigation when it was struck by a vehicle and sustained damage. He estimated repairs will cost approximately $20,000. The delay is requested until litigation can be settled and the insurance compensation can be used to make repairs. Building Construction Inspector Bill Wright distributed photograph sheets from the Unsafe Structure Reports. He said the building is secure. In response to a question, Mr. Omerza said necessary repairs can be completed within 60 days. In response to a question, Mr. Wright indicated the structure had been cited on October 9, 1997. Member Shah moved to approve a 60-day extension to repair the structure at 724 S. Missouri Avenue to meet Section 47.161 City Code of Ordinances regarding unsafe buildings. The motion was duly seconded and carried unanimously. ITEM #3 - 602 Poinsettia Ave., Clearwater, Florida; Breezeway, Inc., Owner; Harry S. Cline, Esq., Representative. To request a variance to the requirements of substantial improvement requirements of Chapter 51 “Flood Damage Prevention” of the Clearwater Code of Ordinances. Located at Mandalay Replat Unit #5, Blk A, part of Lot 5. Parcel No. 05/29/15/54792/001/0051 Harry Cline, Representative, requested a variance to the requirement of substantial improvement requirements of Chapter 51 “Flood Damage Prevention” of the City Code of Ordinances. The motel’s 10 units in 4 buildings are approximately 50 years old. The owners have developed a European clientele who visit for a fortnight or longer. The owners wish to upgrade the property and add 2 units. They are willing to redevelop the property with the tropical seascape design preferred by the City. Peter Marich, the project’s architect, said the 50% rule is an obstacle to the project’s redevelopment plans. This request is to exclude the replacement roofing from the project even though the new peaked roof will be more expensive than the current flat roof. He said renovations will result in a safer property that meets hurricane standards. The structures are above the flood plain. In response to a question, Central Permitting Assistant Director Vic Chodora reviewed the 50% rule in the Coastal Construction Zone. He said the total project must be considered according to the way the proposal is written. The 50% rule applied to a 5-year accumulation. Mr. Marich indicated the owners want to make all upgrades at the same time. He expressed concern regarding conflicts between the architectural design advocated by the City and the City’s Code limitations. In response to a question, Mr. Chodora said in 1996, the structures were assessed at $100,000 and the land at $196,000. In response to a question, Mr. Marich said the new units can be flood proofed. Mr. Chodora noted (FEMA (Federal Emergency Management Authority) considers the property residential, not commercial. It was noted the roof lies above the flood plain and would not add to flood damage caused by rising water. It was suggested the value of the roof would not contribute to replacement costs due to flooding. Mr. Chodora indicated FEMA is revising the flood maps. Current maps still apply. In response to a suggestion, he said the property must meet the 50% rule even if the order of work is changed. It was suggested the new units be raised above the flood plain. Mr. Marich said to meet the accessibility code, the units could be raised only 2 feet. Mr. Cline said changing the roof structure will have a positive result. Concern was expressed a precedent not be established. Mr. Chodora said the construction could affect the property’s insurance rates. The importance of maintaining FEMA rules in the City was noted. Mr. Chodora said if the architect can raise the new units above the flood zone and connect them to a standing structure, those construction costs would not count toward the 50% rule. Member Walker moved to grant a variance to allow a pitched roof renovation on the existing structures. This is based on the consideration that the roof structure and roof covering is above the base flood elevation and the structures supporting the roofs are in the A-zone. The roofs, therefore, are not subject to structural damage due to flooding, and the roof structure and covering are to be considered as replacements to the existing roof. This is all subject to the project setting the additional 2 units at base flood elevation or a maximum of 2 feet above the existing floor elevation. This motion is regarding the structures at 602 Poinsettia Avenue so that the roof structure is not counted toward the substantial improvement requirements of Chapter 51 "Flood Damage Prevention." The motion was duly seconded and carried unanimously. ITEM #4 - Discussion and Approval of Procedures and Minutes Member Shah moved to approve the minutes of the regular meeting of October 8, 1997, as recorded and submitted in written summation to each board member. The motion was duly seconded and carried unanimously. ITEM #5 - Adjournment The meeting adjourned at 3:05 p.m.