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09/22/1999BOARD OF ADJUSTMENT AND APPEAL ON BUILDING/FLOOD CONTROL MEETING CITY OF CLEARWATER September 22, 1999 Present: John H. Logan, Jr. Chair Edward H. Walker, Jr. Board Member Carroll Nall, Jr. Board Member Pankaj Shah Board Member Michael D. Corcoran Board Member Also Present: Kevin Garriott Building Official Bill Wright Building Construction Inspector II Patricia O. Sullivan Board Reporter The Chair called the meeting to order at 10:10 a.m. at City Hall. To provide continuity for research, items are in agenda order although not necessarily discussed in that order. ITEM #1 – 51 Acacia Street; Nick Sagonias Estate/Stamatina Sagonias Personal Representative, Owner; Donald O. McFarland, Representative. Requesting a time extension to address violations. Located at Mandalay Sub, Blk 27, Lot 4. Parcel #05-29-15-54666-027-0040 On June 15, 1999, the City issued a “Notice of Unsafe Building” regarding the structure at 51 Acacia Street. On July 6, 1999, an appeal was filed seeking a time extension to address related violations. The subject property is an asset of an estate, which has not been administered. Donald McFarland, representative, agreed the property needs to be repaired before it can be placed on the market. In response to a question, he said a 60-day extension would be adequate. He said money has not been available for repairs as estate assets remain under court control. Once money is available, an expert will be hired to identify necessary repairs and estimate costs. In response to a question, he said the estate plans to sell the property. Building Inspector Bill Wright distributed photograph sheets from the Unsafe Structure Report dated June 15, 1999. He said the house is deteriorated. The roof is falling and wood is rotted on the front porch and under asbestos shingles. As the property is in the flood plain, he questioned if the structure can be repaired under the 51% rule. For tax purposes, the County has valued the structure at $36,500. The City will accept an appraisal performed by an accredited appraiser. He said the structure is not secure as it has broken windows and an open garage. One citizen complained regarding the property’s deteriorated condition. In response to a question, Mr. McFarland estimated the court will release necessary funds within 30 days at which time a decision will be made to either repair or raze the structure. Member Walker moved to approve a 120-day extension to repair the structure at 51 Acacia Street to meet SBC C1 Building Code, Ch. 34, Section 3401.2.1 City Code of Ordinances regarding unsafe buildings with conditions: 1) course of action to renovate or raze the structure to be determined within 30 days; 2) repairs or demolition to begin within 60 days; and 3) all repairs necessary for the structure to comply with Code to be completed within 120 days. The motion was duly seconded and carried unanimously. ITEM #2 – 404 Engman Street; Shane Barry, Owner. To appeal BAABF approved time extension for construction of this building. Located at Enghurst 1st Addition, Lots 44&45. Parcel #09-29-15-25938-000- 440 On May 5, 1998, the City issued a “Notice of Unsafe Building” regarding the structure 404 Engman Street. On August 6, 1999, another appeal was filed seeking a time extension to address related violations. Mr. Wright distributed photograph sheets from the Unsafe Structure Report dated August 2, 1999 Shane Barry, owner, said he has been renovating the subject property as time allowed. He claimed delays were caused by the City, which could not follow-up on a requested inspection after it had misplaced his permit application. He requested a 6-month extension to complete exterior repairs and a total of 9 months to also complete the interior. In response to a question, Mr. Wright said the original permit was pulled in 1997. A Stop Work Order was issued after the owner removed half the structure, performing work that was not permitted. In May 1998, the owner was awarded a time extension. To secure the building, the owner only boarded up the rear. The City completed one inspection in December 1998 related to footings. In response to a question, Mr. Wright expressed concern all repairs be completed in a reasonable time. The City has received numerous complaints that the property’s current condition resembles a trash dump and that the owner rarely works on it. In response to a question regarding the misplaced permit application, Mr. Wright indicated that issue is irrelevant. The next required inspection is a review of the completed project. He indicated the owner had made 3 changes to the plans. Member Shah moved to approve a 6-month extension to repair the structure at 404 Engman Street to meet SBC C1 Building Code, Ch. 34, Section 3401.2.1 City Code of Ordinances regarding unsafe buildings with conditions: 1) repairs to exterior of structure must be completed to comply with Code within 60 days and 2) all repairs necessary for the structure to comply with Code to be completed within 6-months. The motion was duly seconded and carried unanimously. ITEM #3 – 970 Eldorado Avenue; J. Wayne & Bridget M. Phillips, Owner, Michael F. Sofarelli, Representative. To permit construction of a residence within 18-feet of a seawall. Located at Mandalay Sub, Blk 61, Lots 8 and riparian rights. Parcel #05-29-15-54666-061-0080. On August 10, 1999, the applicants requested approval to construct a residence within 18 feet of a seawall and maintain an existing pool. The subject seawall is buried and no longer functional. The wall will not be removed or disturbed. The proposed structure will be constructed adjacent to the wall. The current structure will be razed. In response to a question, Building Official Kevin Garriott said previous board approvals of similar requests had been site specific. In response to a question, he said Juniper Street is not paved but is used as a beach access. A 5-foot setback is required. He indicated only the structure’s second floor will encroach on the seawall. The structure will be landward of the CCCL (Coastal Construction Control Line). Member Corcoran moved to approve construction of a residence within 18 feet of a seawall and maintain an existing pool within 18 feet of the non-functioning seawall at 970 Eldorado Avenue. The motion was duly seconded and carried unanimously. ITEM #4 - Approval of Minutes Member Shah moved to approve the minutes of the regular meeting of July 14, 1999, as recorded and submitted in written summation to each board member. The motion was duly seconded and carried unanimously. Adjournment The meeting adjourned at 10:57 a.m.