01/12/2000BOARD OF ADJUSTMENT AND APPEAL ON BUILDING/FLOOD CONTROL MEETING
CITY OF CLEARWATER
January 12, 2000
Present: John H. Logan, Jr. Chair
Edward H. Walker, Jr. Board Member
Pankaj Shah Board Member
Michael D. Corcoran Board Member
Carroll Nall, Jr. Board Member
Also Present: Leslie Dougall-Sides Assistant City Attorney
Kevin Garriott Building Official
Bill Wright Building Construction Inspector II
Patricia O. Sullivan Board Reporter
The meeting was called to order at 2:00 p.m. at the Municipal Services Building.
To provide continuity for research, items are in agenda order although not necessarily discussed in that order.
ITEM #1 – 10 Papaya Street and 11 San Marco Court and all lots between, Clearwater; Mandalay Beach Club, Ltd. (JMC Communities AKA Cheezum Development), Owner; E.D. Armstrong III, Representative.
To request a variance to allow a 3-foot setback from the sea wall where Code requires an 18-foot setback. Located at Clearwater Beach Park, Plat Book 10, Page 42, Lots 14 through 42,
Parcels #08-29-15-16398-000-0190, #08-29-15-16398-000-0140, #08-29-15-16398-000-0290, #08-29-15-16398-000-0330, #08-29-15-16398-000-0410, #08-29-15-29251-000-0010, #08-29-15-29251-000-0020,
#08-29-15-29251-000-0030, and #08-29-15-29251-000-0040.
The subject property, approximately 3 acres, is a redevelopment site abutting San Marco Court, South Papaya Street, and the beach. The site’s east side backs into retail properties
on Mandalay Avenue. Representatives Ed Mazur, Florida Design Consultants, and John Hobach, JMC Communities, displayed the site plan for the proposed project. The on-site seawall is
approximately 450 feet from the Gulf of Mexico. The lot line is approximately 25 feet west of the sea wall. The site plan proposes construction within 3 feet of the sea wall where
18 feet is required by Code.
It was noted BAABF (Board of Adjustment and Appeal Building/Flood Control) members have tried to declare the seawall a retaining wall. In response to a question, Mr. Mazur said the
site has a 369-foot frontage on its west property line and encompasses both sides of Gulf Boulevard. The proposed development will have a wavy decorative western edge curling from 3
feet to 15 feet from the sea wall. Cabanas will be located at beach level. The 2-story high pool deck will have 2 stories of parking beneath it and the two condominium towers. In
response to a question, Mr. Mazur said the CCCL (Coastal Construction Control Line) had been moved eastward within the last few years and now is located on top of the sea wall.
Discussion ensued regarding access to seawall tiebacks. Assistant City Attorney Leslie Dougall-Sides said staff was not comfortable making this decision as it relates to County code.
After surveying the seawall, the City will request the County declare it is not a seawall. Mr. Mazur said this project, to be constructed on pilings sunk up to 75 feet deep, will not
require a sea wall to block a storm surge, which only would flood the parking decks. The sea wall, built in sections, stops south of the subject property. Staff supports the variance
request.
Member Shah moved to approve a variance permitting construction 3 feet from a seawall where 18 feet is required at 10 Papaya Street and 11 San Marco Street and all lots between to meet
Chapter 39 regarding sea walls. The motion was duly seconded and carried unanimously.
ITEM #2 – 604 N. Garden Avenue, Clearwater; Cedar Albert, Owner. To request an extension of time to allow contractors to make necessary repairs on an unsafe structure. Located at Bidwell’s
Oak Wood Add, Lot 28. Parcel # 09-29-15-08622-000-0280
On November 3, 1999, the City cited the building at 604 North Garden Avenue as an unsafe structure. Problems associated with the structure relate to deterioration of the roof system
including materials, joist, supports, decking, soffit, fascia, gutters, and joint truss, deteriorated wood decking and door border, rusty gutters, broken and boarded windows, a hole
in the wall, missing siding and wood, electrical wiring exposed to weather, and termite droppings.
Cedar Albert, Owner, said she had purchased the house last July. With a small budget, work has been started. Building Inspector Bill Wright distributed photograph sheets from the Unsafe
Structure Report dated November 3, 1999. The owner has been cooperative. The permits were pulled on January 4, 2000. He requested the board determine a date certain for completion.
Member Corcoran moved to approve a 60-day extension from January 4, 2000, for the completion of necessary repairs to the structure at 604 North Garden Avenue to meet Section 47.161 City
Code of Ordinances regarding unsafe buildings. The motion was duly seconded and carried unanimously.
ITEM #3 – Approval of Minutes
Member Corcoran moved to approve the minutes of the regular meeting of December 15, 1999, as recorded and submitted in written summation to each board member. The motion was duly seconded
and carried unanimously.
ITEM #4 - Adjournment
The meeting adjourned at 2:30 p.m.