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09/12/2001BOARD OF ADJUSTMENT AND APPEAL ON BUILDING/FLOOD CONTROL MEETING CITY OF CLEARWATER September 12, 2001 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 Chair called the meeting 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 #A - Approval of Minutes Member Corcoran moved to approve the minutes of the regular meeting of July 11, 2001, as recorded and submitted in written summation to each board member. The motion was duly seconded and carried unanimously. ITEM #B - Continued Requests #B2 – (Cont’d from 07/11/01) 1812 North Highland Avenue: Grace Lutheran Church, Owner: Collman & Karsky Associates, Representative. Request permission to relocate exhaust fan HEF-1 flush to exterior non-combustible wall at Parcel 02-29-15-00000-320-1200. BAA 01-07 Collman & Karsky Associates representative Ned Stacy reviewed aesthetic issues related to the completed project, which renovated the church’s fellowship hall and kitchen. The exhaust fan has a vertical draft. He said he had discussed with the Fire Marshal plans to cover the surface, under the eaves and above the fan, with a UL listed blanket and wrap it with a metal tube. He said the proposed design is fire-rated. He said information provided to the Fire Marshal indicates the proposal will meet or exceed code. Building Construction Inspector Bill Wright distributed photograph sheets dated September 11, 2001, regarding the exhaust fan. Discussion ensued regarding the fire suppression protection proposed. Fire Marshal Randy Hinder said he was comfortable with the design and supported the fan’s relocation as presented. Building Official Kevin Garriott stated he too needed to review and approve the proposal. Member Shah moved to approve, based on the Fire Department review of the proposed design, the request to relocate the exhaust fan HEF-1 flush with the wall at 1812 North Highland Avenue subject to approval by the Building Department. The motion was duly seconded. Mr. Garriott expressed concern regarding the non-combustible qualities of the added insulation. Fire Marshal Hinder said the materials are non-combustible. Discussion ensued regarding the request. Mr. Garriott said if the design does not meet his approval, the request will be returned to BAABF (Board of Adjustment & Appeal on Building/Flood Control). Mr. Shah withdrew his motion. The seconder agreed. Member Shah moved to approve the request to relocate the exhaust fan HEF-1 flush with the wall at 1812 North Highland Avenue subject to approval by the Building Official. The motion was duly seconded and carried unanimously. ITEM #C - New Requests #C1 - 1122 Brownell Street: Market Street Mortgage Corp., Owner: Echevarria & Associates, Representative. Request time extension at Parcel 15-29-15-58338-001-0070. BAA 01-10 Reggie Register, Representative, stated the subject property is in foreclosure and he is handling its disposal. He said the yard is being cleaned up today and the broken windows will be repaired on Friday. He said offers on the property have been submitted. Mr. Wright distributed photograph sheets from the Unsafe Structure Report dated May 15, 2001. Associated problems relate to a deteriorated refrigerator, range, and cabinets, homeless bedding, termite damage, trash and debris on property and inside structure, missing soffet, open windows, and broken glass. The Police Department has to remove homeless people from the unsealed structure. Copies of related paperwork have been forwarded to the mortgage company’s attorney. Electricity will not be turned on until the structure meets Code. After his inspection today, Mr. Wright said the property has not been secured, although yard work was underway. Mr. Wright expressed concern a new owner of the property also may request extensions to complete necessary work. The City’s primary concern is with the homeless use of the property. He said maintaining the vacant building’s security will be difficult. Discussion ensued regarding options. Member Walker moved to approve an extension to September 26, 2001, that runs with the land, to secure the structure, plus an extension to November 11, 2001, for the completion of necessary repairs to the structure at 1122 Brownell Street to meet Section 47.161 City Code of Ordinances regarding unsafe buildings. The motion was duly seconded and carried unanimously. #C2 - 3190 McMullen-Booth Road: North Bay Community Church, Inc., Owner: Fred J. Eichelberger, Representative. Review Inspector’s report determining subject building with cracks at Parcel 21-28-16-92675-000-0100. BAA 01-11 Fred Eichelberger, representative, said compactation related to construction of McMullen-Booth Road had caused the step crack in the wall to worsen. He said the crack contracts and widens as the water table rises and falls. He said the problem has not damaged the electrical disconnect box. He hoped to fill the crack. Mr. Wright distributed photograph sheets dated September 11, 2001. A City inspector saw the cracks when responding to a request for an air-conditioner inspection. In response to a question, Assistant City Attorney Leslie Dougall-Sides said Member Walker’s past association with this church and structure is not a conflict of interest as he has no financial interest in the property. Member Walker recused himself to act as a witness. Member Walker stated when the house was constructed more than 12 years ago, the footers had been poured during a rainstorm. Clay was discovered under the structure’s northeast corner. The subject crack formed when the water table lowered during dry seasons and the clay shrank. The clay swells when it rains. He reviewed past repairs whereby pilings were sunk. A cantilevered beam and gravel were set in under the structure while the footing was jacked up. That repair was successful for several years before the step cracks reopened. Member Walker suggested the pilings may no longer be secured. He said the structure is sound. He did not know of a material that would close the gaps, which fluctuate in size. In response to a question, he said the footing was not cracked at the time of his last inspection. The step crack now is less than ¼-inch large, during the rainy season. Mr. Eichelberger said the structure’s interior has no problems. He said the church does not have sufficient funds to undertake an expensive solution. He said the single-family residence is used only for storage. Mr. Wright said the largest step crack is behind the building’s electric meter. Mr. Walker suggested the engineer who designed the last repair examine the structure to determine what has occurred. He suggested the construction of McMullen-Booth Road had lowered the water table significantly. A geological technical review of the soil is necessary. Mr. Walker indicated more serious problems could occur. Member Corcoran moved to approve a 90-day extension for the property owner to have a professional examine the soil and identify problems and solutions related to settling difficulties at 3190 McMullen-Booth Road. The motion was duly seconded. Members Shah, Corcoran, Nall and Chair Logan voted “Aye.” Member Walker abstained. Motion carried. #C3 - 1641 Gulf-to-Bay Boulevard: Linco Auto Parts, Owner: Michael Coleman, Representative. Request time extension to make repairs at Parcel 14-29-15-34655-000-0010. BAA 01-12 Mike Coleman, representative, said the owners wish to rebuild the structure at the same location. Mr. Garriott stated the Land Development Code requires an entire site must meet Code if improvement costs equal at least 25% of the property’s value. The applicant has applied for a variance to setback and other requirements. Mr. Coleman said he has a contract to remove 2/3’s of the structure. The site will remain fenced. Should the Planning Department not approve the request, he said the remainder of the building will be razed and a new building constructed to Code requirements. He said the approval process could take as long as 90 days. On August 18, 2001, the City cited the building at 1641 Gulf-to-Bay Boulevard as an unsafe structure. Mr. Wright distributed photograph sheets from the Unsafe Structure Report. Associated problems relate to significant interior and exterior damage to the structure as a result of the air-conditioning unit falling through the roof on July 30, 2001, and collapsing much of the building. Mr. Coleman said architectural drawings cannot be submitted until the location of the building is finalized. Member Shah moved to approve an extension to October 12, 2001 to raze the portion of the structure in violation, plus an extension to December 11, 2001 to obtain permits to construct a new building at 1641 Gulf-to-Bay Boulevard that meets Section 47.161 City Code of Ordinances regarding unsafe buildings. The motion was duly seconded and carried unanimously. ITEM #D -Pending Matters – None. ITEM #E - Adjournment The meeting adjourned at 3:07 p.m.