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04/08/1998BOARD OF ADJUSTMENT AND APPEAL ON BUILDING/FLOOD CONTROL MEETING CITY OF CLEARWATER April 8, 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 Leslie Dougall-Sides Assistant City Attorney Vic Chodora Central Permitting Assistant Director Bill Wright Building Construction Inspector 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. ITEM A - Approval of Minutes Member Nall moved to approve the minutes of the regular meeting of February 11, 1998, as recorded and submitted in written summation to each board member. The motion was duly seconded and carried unanimously. ITEM B - Continued Requests - None. ITEM C - New Requests C1) 1462 Laura Street, Clearwater; California Federal Bank, Owners; Kristy Weller, Representative. To request a variance for additional time to comply to the Unsafe Building Code Section 47.161 City Code of Ordinances. Located at Highland Groves, Blk B, Lots 31 & 32. The application for appeal indicated the owner, California Federal Bank, had secured the property and has a contract to sell it on or before March 25, 1998. The owner, who acquired the property through foreclosure, is not local and was not aware of the property’s condition. The Buyer knows that the property must be brought into compliance. Chad Gates, Representative for California Federal Bank, said the property has been sold and requested 90 days for the new owners to bring the building into compliance. Building Construction Inspector Bill Wright reported the 2nd floor has been secured. The dilapidated front porch was removed without a permit. The owners have indicated they will hire an engineer to determine what repairs are necessary. The bank first was notified of the Unsafe Building Code violation in August 1997. In response to a question, Ida Kendall, owner, said she had purchased the property one week ago and plans to make necessary repairs. She expressed concern engineering services necessary to obtain permits are expensive. It was recommended she contact Assistant Central Permitting Director Vic Chodora for assistance. Mr. Wright distributed photograph sheets from the Unsafe Structure Reports dated August 18, 1997, and April 6, 1998. Vonda Frska, Darlene Koladaza, and Donald Knight expressed concern the property has been used by vagrants, the property’s condition lowers neighborhood values and should meet standards. Ms. Kendall said she and the other owner intend to fix the property but cannot do so quickly as they will do much of the work themselves. Mr. Wright said the building needs heating and electrical repairs. Mr. Chodora said it is important to identify the repairs necessary to comply with code as quickly as possible. Member Corcoran moved to approve a 60-day extension to repair the structure at 1462 Laura Street to meet Section 47.161 City Code of Ordinances regarding unsafe buildings. The motion was duly seconded and carried unanimously. C2) 2641 Sunset Point Road, Clearwater; E. Glenn Baldwin, Owner. To request a time variance to comply with the Unsafe Building notice sent out under the authority of Section 47.161 City Code of Ordinances. Located at Hill Top Sub, Lot 3. In his application for appeal, Dr. E. Glenn Baldwin, owner, had requested a time extension to conclude a pending bid for sale or obtain another bid for repairs. Dr. Baldwin said a fire had caused approximately $125,000 in damage to the structure. He requested a 60-day extension to complete repairs. He said the contractor had indicated work would take up to 5 months. Mr. Wright distributed photograph sheets from the Unsafe Structure Reports dated February 13, 1998, and April 7, 1998. He said repairs could be completed within 60 days. He reported the contractor had cleaned up the debris but had begun work on repairs without a permit. Dr. Baldwin said some carpentry work covered a hazardous hole. Mr. Wright said the 2nd floor windows must be secured. Member Walker moved to approve a 60-day extension to repair the structure at 2641 Sunset Point Road to meet Section 47.161 City Code of Ordinances regarding unsafe buildings. The motion was duly seconded and carried unanimously. It was noted any pending sale of the property does not affect this motion. C3) 200 Pierce Boulevard, Clearwater, Wagenvoord Advertising Group, Inc., Owners; Gaines & Helinger, Attorneys, Representative. To appeal the Building Officials unsafe notice on the building, per Section 47.161 City Code of Ordinances. Located at Sec 16-29-15, M&B 24.01. In the application for an appeal, Michael W. Gaines, Attorney, disputed the notice and allegations included in the January 8, 1998, Unsafe Structure Report. Mr. Chodora reported the attorney had requested a continuance due to a scheduling conflict. Member Walker moved to continue Item #C3 to May 13, 1998. The motion was duly seconded and carried unanimously. C4) 804 Pennsylvania Avenue, Clearwater; Larry Bunting, Owner. To appeal the Building Officials unsafe notice on the building, per Section 47.161 City Code of Ordinances. Located at Pine Crest Sub, Block 5, Lot 3. In the application for an appeal, Gilbert P. Macpherson, Attorney for Larry Bunting, requested a “De novo hearing on plan of city to demolish Owners improvements and remove owners personal property from the premises.” The application claims no hearing was afforded the owner as required by law. The owner denies the building is unsafe and that it cannot be restored within a reasonable time. The $125 filing fee was paid under protest as it is “not required pursuant to F.S. 162.” In his September 12, 1997, Unsafe Structure Report, Mr. Wright indicated an illegal facade covers the structure’s deteriorating roofing system which is collapsing underneath stored car and truck parts. Window panes on the structure are broken and the decking is disintegrating. Mr. Wright reported the owner and workers would not permit him inside the fence or to inspect the structure’s interior. Assistant City Attorney Leslie Dougall-Sides said the applicant had requested the MCEB (Municipal Code Enforcement Board) determine this issue. The Legal Department has concluded Building Officials, not violators, determine which board will consider a code violation. Sufficient notice for this meeting was given. Gilbert P. Macpherson, Attorney for the Applicant, claimed today’s procedure is not authorized under Florida Statute162. He said the concrete block building is secured by a large fence. The owner, who purchased this commercial property in the early 1970s, stores parts for Lincoln automobiles. The original concrete block building has been enlarged several times. Some time ago, the owner had razed a house on the property himself and feels he can repair the roof and salvage the 2-story core of the building. Mr. Macpherson said the owner knows he must sell the auto parts, hire an engineer to determine necessary repairs, clean the property, and repair the section of roof where beams have collapsed. Mr. Macpherson said the owner, a cabinet carpenter by trade, has limited financial resources but is willing to invest “sweat equity” into his investment. He charged the City’s unsafe structure notices are illegal as they were mailed to an incorrect address. He said the owner had attempted to add a mansard roof to improve the structure’s appearance but was unaware a permit was required. The City had issued a Stop Work Order on August 18, 1997. He said the building is secure. In response to a question, he said the engineering report will determine how long repairs will take. Mr. Wright distributed photograph sheets from the Unsafe Structure Reports dated September 12, 1997, March 13, 1998, and April 6, 1998. Mr. Chodora said the owner, Larry Bunting, had ignored City notices until the City threatened to raze the structure. Mr. Chodora said the storage of flammable liquids, Formica, and paper has created a fire hazard which would be difficult for fire apparatus to reach. The subject structure is near buildings on abutting properties. It was stated necessary repairs are so significant that the massive effort would not be worthwhile. Mr. Macpherson said the City’s notice was not hand delivered until November 1997, the owner has a large investment in automobile parts stored on-site, and wants an engineer to determine if the core of the building is salvageable. Mr. Wright reported the Pinellas County tax rolls value the land and building at $44,100. It was suggested allowing current conditions to continue would defeat the purpose of the City ordinance. In response to a question, Mr. Macpherson said the owner had not hired an engineer. Mr. Wright reported after the MCEB had ordered Mr. Bunting to raze a house on this property, his fine accrued to $49,000 because he worked so slowly. Building Construction Inspector Vern Packer said the subject structure has broken windows, graffiti, and cats emerging from the roof line. The mansard was constructed across the building’s front without repairing the roof. The property, located in a residential neighborhood, is a non-conforming use. Mr. Packer said the owner has made no efforts to conform to standards. The property’s condition lowers neighborhood property values. Mr. Macpherson suggested the building could be redeveloped with apartments. Discussion ensued regarding the property, including encroachment into the right-of-way. Member Shah moved to approve a 60-day extension to repair the structure at 804 Pennsylvania Avenue to meet Section 47.161 City Code of Ordinances regarding unsafe buildings with conditions: 1) a set of plans and permit applications shall be submitted to the City within 25 days to allow staff 5 calendar days for review; 2) repairs necessary to meet minimum code requirements to be completed within 60 days; and 3) if required paperwork is not submitted within 30 days, this 60-day extension is forfeited and the City can move forward with its efforts to raze the structure. The motion was duly seconded and carried unanimously. ITEM D -Pending Matters Mr. Chodora referred to John Burnett’s letter regarding the Winkelmann property at 601-603 Spencer Avenue. Ms. Dougall-Sides stated the Winklemann’s engineer had issued the required report in the form of a letter. All City work in the area was properly permitted and built to SWFWMD (Southwest Florida Water Management District) specifications. The City claims no responsibility for problems related to the sinking of this structure. To date, the owners have taken no further legal action. ITEM E - Adjournment The meeting adjourned at 3:11 p.m.