07/14/1999BOARD OF ADJUSTMENT AND APPEAL ON BUILDING/FLOOD CONTROL MEETING
CITY OF CLEARWATER
July 14, 1999
Present: John H. Logan, Jr. Chair
Edward H. Walker, Jr. Board Member
Pankaj Shah Board Member
Michael D. Corcoran Board Member
Absent: Carroll Nall, Jr. Board Member
Also Present: Leslie Dougall-Sides Assistant City Attorney
Kevin Garriott Building Official
Bill Wright Building Construction Inspector II
Rick Debord Code Enforcement Inspector II
Brenda Moses 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 – January 13, 1999, and May 12, 1999
Member Shah moved to approve the minutes of the regular meeting of January 13, 1999, and May 12, 1999, 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
1. 1576 S. Greenwood Avenue, Clearwater, Florida; George Pearson & Laverne P. Hampton,Owner; William Butler, Esquire, Representative. To request a stop title search for demolition letter
dated 5/10/99 (received 5/12/99) need time for blue prints to be completed. Located at Belmont Sub 2nd Addition, Blk F, Lots 13 & 14. Parcel #22-29-15-07938-006-0130
The applicant requests an extension to complete blueprints to repair fire damage to a house. Building Construction Inspector Bill Wright said staff had provided information to the
applicant regarding permits and inspections, including the need for engineering drawings. Permits had not been pulled when the owner was observed hanging dry wall, framing, etc. Staff
issued Stop Work orders, which the applicant has ignored. The City has received letters of complaint from neighbors. Numerous Police reports have been made since 1992, for shootings,
runaway juveniles, aggravated battery, vice, assault, grand theft, arson, drugs, fighting, etc. The home can be repaired as only the front portion sustained damage. The house is not
occupied currently.
Colleen Moore, neighbor, said police calls were related to neighborhood youngsters. She said besides the devastating fire, the owner had lost a grandchild, suffered a heart attack,
and experienced personal problems. She supported giving the owner time to repair the property.
George Pearson, owner, said the fire had occurred on February 9, 1999. He said the City would not issue permits for him to do the work, which is necessary due to inadequate insurance
coverage. He now has the engineering drawings and anticipates receipt of the stamped architectural copies required for permits. He can complete the repairs by September 1, 1999. It
was remarked that the proffered engineering drawings are incomplete.
Jim Butler, representative, said it had taken approximately 6 weeks for the architect to complete the engineering drawings and for the owner to collect on his insurance claim. Code
Enforcement Inspector Rick Debord reviewed other code violations related to untagged vehicles with flat tires. Mr. Pearson said neighbors had stolen his tags and flattened his tires.
He will remove the vehicles. In response to a question, Building Official Kevin Garriott said it is important work be completed due to safety concerns. If not repaired within the
specified time, the City will begin the demolition process.
Member Walker moved to grant the applicant’s request for an extension to repair the property at 1576 South Greenwood Avenue, with conditions: 1) complete engineering plans to be submitted
to the City by July 23, 1999, for permit issuance, and 2) repair work to be completed within 45 days of the permits’ issuance date. The motion was duly seconded and carried unanimously.
2. 935 Lakeview Road, Clearwater, Florida; Allyn & Rosalie Petit, Owner. To request time to find a contractor to bring the building up to code for non-conforming use. Located at Lake
Belleview Addition, Blk 1, Lots 5 & 6 less street. Parcel #21-29-15-47466-001-0050
Allyn Petit, owner, said hiring a contractor has been difficult. Work required to bring the property up to code includes vinyl siding, soffits, a sink, toilet, and repairs to the electrical
system. In response to a question, Mr. Wright said the complaint was anonymous. The subject building, located in a residential area, is an existing non-conforming use used for storage.
Problems include termite damage, open electrical outlets, and holes in walls. When the owner did not repair the dangerous electrical outlets in a timely manner, Mr. Wright ordered
the power meters to be removed. The building must meet residential code.
Mr. Petit said the structure has a toilet and sink but no water heater, which is required in residential dwellings. In response to a question, Mr. Wright said repairs can be made up
to 50% of a structure’s value. If repairs cost more than half of the structure’s value, the structure must meet current code requirements. The windows have been blocked inside with
sheet rock. Mr. Petit said this is an eminent domain situation with the City’s zoning requirements disallowing him use of the property. Mr. Wright said a restaurant on-site would require
adequate parking.
Assistant City Attorney Leslie Dougall-Sides said even if the property was not maintained, it has a residential use, which precludes eminent domain complaints. Property repairs will
be subject to the housing code. It was felt the board should not address zoning issues. It was stated had the owner maintained the building, the 50% rule would not be an issue. Mr.
Wright said the owner requests an extension to obtain building permits or choose alternate actions. Mr. Petit said the building is used to store family clothing. Mr. Wright will supply
Mr. Petit with a list of minimum housing requirements. It was stated the new code does not allow variances.
Member Shah moved to grant the applicant a 60-day extension to obtain permits and bring the building into compliance with Code, or demolish it by September 13, 1999. The motion was
duly seconded and carried unanimously.
3. Discussion and approval of procedures and minutes – None.
ITEM D - Pending Matters
In response to a question, Mr. Wright said the Community Response Teams refers some unsafe housing cases to the City.
ITEM E – Adjournment
The meeting adjourned at 3:00 p.m.