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02/11/1998BOARD OF ADJUSTMENT AND APPEAL ON BUILDING/FLOOD CONTROL MEETING CITY OF CLEARWATER February 11, 1998 Present: John H. Logan, Jr. Chair Edward H. Walker, Jr. Board Member Michael D. Corcoran Board Member Carroll Nall, Jr. Board Member Leslie Dougall-Sides Assistant City Attorney John Carassas Assistant City Attorney Vic Chodora Central Permitting Assistant Director Bill Wright Building Construction Inspector Patricia O. Sullivan Board Reporter Absent: Pankaj Shah Board Member The Chair called the meeting to order at 2:09 p.m. at City Hall. To provide continuity for research, items are in agenda order although not necessarily discussed in that order. ITEM #A - Approval of Minutes Member Nall moved to approve the minutes of the regular meeting of January 14, 1998, as recorded and submitted in written summation to each board member. The motion was duly seconded and carried unanimously. ITEM #B - Continued Requests 1) (Cont’d from 10/09/97) 601-603 Spencer Avenue, Clearwater, Florida: Sandra D. & James E. Winkelmann, Owners: John Burnett, Representative. 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: 14-29-15-847753-000-0050 On August 21, 1997, the City issued a “Notice of Unsafe Building” regarding the structure at 603 Spencer Avenue. On October 9, 1997, BAABF (Board of Adjustment & Appeals - Building/Flood) approved the owners’ request for a 60-day extension to allow them time to negotiate with the City. John Burnett, Representative, said the owners did not cause, nor can they solve, the problems causing the structure to sink and flood. The owners claim the City is responsible. Mr. Burnett said he had met with staff and indicated the owners’ engineer disagrees with the City’s engineering evaluation. He requested the City take no further action regarding the “Notice of Unsafe Building” as the issues are complex. He said he had filed, but had not served, an inverse condemnation lawsuit. He said the process will become more complex and expensive should formal litigation occur. He felt the issues can be resolved within 60 days. The City and owners disagree on the cause of flooding. He said the City had constructed the adjoining retention pond in the early 1980’s, after the structure was built. Assistant City Attorney Leslie Dougall-Sides stated the City is not admitting liability regarding this issue. The previous BAABF action had approved a 60-day extension until December 7, 1997. Assistant Central Permitting Director Vic Chodora said no corrective action has occurred at the property since October 9, 1997. Nearby houses are being devalued. The subject duplex falls 18-inches from front to rear and is causing structural stress to the roof. Mr. Burnett said flood water often rises above the wall electrical outlets. Problems associated with the property include structural sinking and flooding. Drew Carasa, Helen Partyka, Elaine Duncan, Frank Monahan, and Linda Caldwell said problems at the subject property are long-standing, sewage has backed into the house which is mildewed and has internal fractures, nearby homes also are settling, and flooding is a neighborhood problem. Building Construction Inspector Bill Wright distributed photograph sheets from the Unsafe Structure Report. Assistant City Attorney John Carassas recommended any extension include a condition requiring the applicants to provide the City a written presentation of their case stating why the City is responsible. Mr. Burnett said the City’s position also is unclear. Mr. Carassas said private property owners must provide contrary proof when appealing City decisions. Mr. Burnett said the owner can repair the house if the City corrects the flooding issues. Mr. Chodora said the structure could be raised for a cost but did not feel that action would be practical. Mr. Burnett said the City had sent the owners an inquiry regarding the purchase of the subject property in July 1997. Ms. Dougall-Sides said the inquiry was not an offer. Mr. Burnett said the City should provide a written report to the owners explaining staff’s position. Mr. Carassas said it is not normal for the City to provide such a report. The burden is on the property owner. Once the City receives the owners’ report, staff can analyze it and provide an opinion. Mr. Burnett requested an explanation of any disagreement staff has with reports by the owners’ engineers. Member Walker moved to approve a 60-day extension to repair the structure at 601-603 Spencer Avenue to meet Section 47.161 City Code of Ordinances regarding unsafe buildings with conditions: within 30 days, owners shall provide the City a written report outlining their position and a strong suggestion that the parties meet and negotiate within 30 days. The motion was duly seconded. Ms. Dougall-Sides said if corrective actions are not taken or additional activities do not occur within 60 days, the City Building Official will take further action as provided by code. Upon the vote being taken, the motion carried unanimously. ITEM #C - New Requests 1) 2320 Sunset Point Road, Clearwater, Florida; Marco Cheaib, Owner; Carlton Fields (Gwynne Young), Representative. To appeal a notice of unsafe billboard under Section 47.161 of the Clearwater Code of Ordinances. Located at Sunset Point Estates, Blk B, Lot 18 less rd right-of-way. Parcel: 06-29-16-88146-002-1080 AND 2) 2046 Gulf-to-Bay Boulevard, Clearwater, Florida; Sub Cajun VII, Inc., Owner; Carlton Fields (Gwynne Young), Representative. To appeal a notice of unsafe billboard under Section 47.161 of the Clearwater Code of Ordinances. Located at Section 13-29-15, M&B 13.05. Parcel: 13-29-15-00000-130-0500 AND 3) 2071 Drew Street, Clearwater, Florida; Remprop, Inc., Owner; Carlton Fields (Gwynne Young), Representative. To appeal a notice of unsafe billboard under Section 47.161 of the Clearwater Code of Ordinances. Located at Central Park Resub, part of Tract A. Parcel: 13-29-15-14616-001-0000 AND 4) 1628 Gulf-to-Bay Boulevard, Clearwater, Florida; The Gulf Company for Investment, Inc., Owner; Carlton Fields (Gwynne Young), Representative. To appeal a notice of unsafe billboard under Section 47.161 of the Clearwater Code of Ordinances. Located at Lakewood Replat, Lots 10-12 and part of Lot 9. Parcel: 14-29-15-49716-000-0100 AND 5) 1377 S. Missouri Avenue, Clearwater, Florida; Dennis R. Deloach, Jr., Trustee, Owner; Carlton Fields (Gwynne Young), Representative. To appeal a notice of unsafe billboard under Section 47.161 of the Clearwater Code of Ordinances. Located at Sall;s 2nd Addition, Blk A, Lots 10-12. Parcel: 22-29-15-78552-001-0100 AND 6) 24145 US 19N, Clearwater, Florida; Gloria M. Robert, Trustee of the Rolf Robert Trust, Owner; Carlton Fields (Gwynne Young), Representative. To appeal a notice of unsafe billboard under Section 47.161 of the Clearwater Code of Ordinances. Located at Section 05-29-16, M&B 23.05. Parcel: 05-29-16-00000-230-0500 AND 7) 25191 US 19N, Clearwater, Florida; Richard R. Dimmit, Owner; Carlton Fields (Gwynne Young), Representative. To appeal a notice of unsafe billboard under Section 47.161 of the Clearwater Code of Ordinances. Located at Section 32-28-16-0000-320-1000 & 32-28-16-14922-014-0160 Mr. Chodora indicated the appeals were based on the owners’ belief that cited billboards were in good condition and not unsafe. After the Representative viewed the photograph sheets from the Unsafe Structure Reports, the owners agreed repairs are necessary. Mr. Chodora expected the owners will comply. He reported the Representative had requested a continuance until March 11, 1998, or 30 days to complete the repairs with the understanding that additional time may be requested. City engineering reports indicate what is required to achieve compliance. Action by the City will stop once repairs are complete. Several billboards have extensive corrosion at their base. Member Walker moved to approve a 30-day extension for Items #C1, #C2, #C3, #C4, #C5, #C6, and #C7 to repair the billboard structures at 2320 Sunset Point Road, 2046 Gulf-to-Bay Boulevard, 2071 Drew Street, 1628 Gulf-to-Bay Boulevard, 1377 S. Missouri Avenue, 24145 US 19N, and 25191 US 19N to meet Section 47.161 City Code of Ordinances regarding unsafe buildings. The motion was duly seconded and carried unanimously. ITEM #D -Pending Matters Special Projects Administrator Scott Shuford reviewed “One City. One Future.,” and distributed brochures and copies of Clearwater Magazine. The plan has been developed to improve community pride. Uses for the downtown bluff are being considered. The harbor front needs to be improved with green space. A new entry to Clearwater beach is planned along with separation of the residential and commercial areas on the island’s North end. The plan considers moving parking off the beach to provide more pedestrian activities. Future Phillies decisions will affect the North Greenwood neighborhood. A revision of the Land Development Code is underway to address redevelopment needs now that development patterns have been established. Input from citizens is requested. Mr. Shuford noted pieces of the plan never will be built. A stadium by the downtown bluff is being considered as is retaining the old Memorial Causeway bridge for pedestrian, bicycle, and local vehicular access between downtown and the beach. “One City. One Future.” will be broken into projects with each having a direct relationship to the plan. Mr. Shuford reviewed the “Immediate Action Items”: 1) authorization of market studies for Beach and Downtown; 2) evaluation of Phillies’ economic impact; 3) preparation of a RFQ (Request for Qualifications) for developers to submit ideas for the bayfront, including Coachman Park expansion; 4) selection of site for new Main Library; 5) application for “Mainstreet” program; 6) completion of necessary parking studies; 7) acceleration of community-based initiative in North Greenwood area; 8) implementation of regional stormwater retention project Downtown; 9) creation of incentive program for retail & commercial occupancy along Cleveland Street; 10) evaluation of maintaining the existing Memorial Causeway Bridge as local traffic connection between Beach and Downtown; 11) redesign of Land Development Code; and 12) corridor enhancement along Cleveland Street, Gulf-to-Bay Boulevard, Mandalay Avenue, and Gulfview Boulevard. All projects will offer beneficial spin-off effects. Flexibility is important. In response to a question, Mr. Shuford agreed some pieces of the plan had been discussed previously. Countryside area needs are being reviewed. It was felt a parking garage should not be constructed on the City Hall property. Mr. Shuford reported the East and West ends of the Memorial Causeway bridge project are to be completed by 2002. ITEM #E - Adjournment The meeting adjourned at 3:35 p.m.