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01/09/2002BOARD OF ADJUSTMENT AND APPEAL ON BUILDING/FLOOD CONTROL MEETING CITY OF CLEARWATER January 9, 2002 Present: John H. Logan, Jr. Chair Edward H. Walker, Jr. Board Member Pankaj Shah Board Member Carroll Nall, Jr. Board Member Absent: Michael D. Corcoran Board Member Also Present: Kevin Garriott Building Official Wayne Wells Senior Planner Carol Barden Staff Assistant II 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 Nall moved to approve the minutes of the regular meeting of December 13, 2001, 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 ITEM #C1 - 2717 Seville Blvd., - Zom Bayside Arbors Ltd., Owner, Anne W. Ossewaarde, Lend Lease Real Estates Investments Inc., Representative. Request variance to 47.161 of the Building Code. Applicant needs time extension to start and complete repairs on breezeways and balconies. Located at Pt. Of Sec’s 17 & 20 Desc from SW cor of sec 17 th E 1680 ft th N27DE 43.67 ft to S’ly cor of Seville Condo. Parcel # 17-29-16-00000-340-0200 - BAA 02-01 CASE WITHDRAWN – NO ACTION ITEM #C2 - 633-637 Woodlawn Street – David Newkirk, Owner. Request Variance to 47.161 of the Building Code. Applicant requests 90-day extension to demolish part and make repairs on balance of structure. Located at Well’s P.C. Sub Lot 3 less S 50 ft & N. 77.61ft of W 10ft. Parcel # 21-29-15-95922-000-0030 – BAA 02-02 Contractor for the applicant, Al Rosa, distributed photographs of the property. Property owner, David Newkirk, requested an extension to make repairs on the building to meet code. He said he did not know the property was zoned residential when he purchased it. Inspector Bill Wright stated the property had been brought before the board in April of 2000. Copies of the letter from the Zoning Department were distributed. Senior Planner Wayne Wells stated in the mid-1980s, the property was rezoned to residential. There are no records of occupational licenses for commercial businesses issued for the property since late 1992. Zoning limits the property to one dwelling unit. The building is non-conforming regarding setbacks. Mr. Wright stated once a structure is on the unsafe list it must to be brought up to current codes. This property has been on the unsafe list since 1999. Mr. Rosa said it would be a real hardship to meet setback requirements, which would require razing the structure. Mike Remo, friend of the contractor, stated the owner lived on the property 20 years ago and wanted to restore it. He had requested the property be returned to its previous commercial zoning. The current plan is to repair the structure, using one side for a garage and the other for living quarters. The interior would resemble an open hunting lodge, which is of sentimental value to the owner. Mr. Wells stated the property must meet MDR. Discussion ensued regarding the value of the structure and repair costs. To meet the 25-foot setback, half of the building would have to be removed. Repairs were estimated at $25,000. Mr. Wright said the property’s assessed value is $49,700. The property is 78 feet by 100 feet. He reviewed the process to change a property’s zoning. Building Official Kevin Garriott suggested the property owner could have the property appraised and use the higher value, i.e. appraised or assessed value to determine the amount of repairs that would be permitted before the structure would have to meet current Code. The bathroom must be inside the structure. He recommended if the permit is not obtained within 30 days from this date and work started by March 10, 2002, the City proceed to bring the structure into compliance by whatever means are necessary. Member Walker moved to approve a 30-day extension to obtain permits and for construction to begin by March 10, 2002, at property at 633-637 Woodlawn Street to meet Section 47.161 City Code of Ordinances regarding unsafe buildings or the City will bring the structure into compliance by whatever means are necessary. The motion was duly seconded and carried unanimously. ITEM #D – Pending Matters Work has begun to rebuild City Marina ticket booths, which are below the base flood elevation. Mr. Garriott referenced FEMA requirements and requested the board approve an administrative variance so that each ticket booth owner does not have to appear before the board. Member Shah moved to grant authority to the Building Department to approve an administrative variance for construction at the City’s Marina of ticket booths, which are located below the base flood elevation and provide no plumbing. The motion was duly seconded and carried unanimously. ITEM #E - Adjournment The meeting adjourned at 2:45 p.m.