07/10/2002BOARD OF ADJUSTMENT AND APPEAL ON BUILDING/FLOOD CONTROL MEETING
CITY OF CLEARWATER
July 10, 2002
Present: Edward H. Walker, Jr. Acting Chair/Board Member
Michael D. Corcoran Board Member
Carroll Nall, Jr. Board Member
Pankaj Shah Board Member
Absent: John H. Logan, Jr. Chair
Also Present: Bill Wright Building Construction Inspector II
Kevin Garriott Building Official
Brenda Moses 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 – May 8, 2002
Member Nall moved to approve the minutes of the regular meeting of May 8, 2002, 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 – Case #BAA 02-05 – 673 Harbor Island, Clearwater; Dr. & Mrs. Edward Capone Owner; Mark Cagni of Cagni Construction, representative. Request a variance to Chapter 39 of The
Florida Building Code. To allow construction to be built within 17 feet of the sea wall. Located in Island Estates. Parcel #05-29-15-43456-073-0170
Mark Cagni, Cagni Construction, representing the applicant, said he thought the permit the applicant received granted him the ability to construction planter walls in the setback.
A seawall engineer sent the City a letter indicating the lower planter wall would have no effect on the plain of failure.
In response to a question, Building Official Kevin Garriott said the seawall setback is 18 feet. He said Mr. Cagni is referring to a process in the zoning code. Mr. Cagni said when
the pool company pulled a permit for the pool, the planter walls were part of the pool plan, but apparently were not considered part of the permit. The City Building Inspector has indicated
that the planter walls are not part of the pool structure and stated the applicant must apply for a variance. He said the planter wall is already in place.
Member Shah moved to approve the request for a variance to Chapter 39 of the Florida Building Code to allow construction to be built within 17 feet of the seawall at 673 Harbor Island,
Clearwater. The motion was duly seconded and upon the vote being taken, Members Walker, Corcoran, and Shah voted “aye”; Member Nall abstained. Motion carried.
ITEM #D -Pending Matters
D1. - Case #BAA 02-03 – 712 Eldorado Avenue. (Follow-up)
Mr. Garriott said the applicant at 712 Eldorado Avenue supplied staff with drawings, which they felt should be reviewed by the BAAF (Board of Adjustments and Appeal on Building/Flood
Control). After the case was placed on the BAAF agenda, the applicant submitted additional drawings for a deck that protruded into the setback. Staff was able to approve the application,
however, the case was not taken off the BAAF agenda. The BAAF heard the case and denied the request unaware that staff had approved the application. Discussion ensued and it was suggested
that as the applicant had met all applicable conditions and staff had already approved the application, the BAAF may move to rescind the denial of the case.
Member Shah moved to rescind the denial of Case #BAA 02-03 for 712 Eldorado Avenue, based on the fact the applicant had resubmitted plans and satisfied the conditions of the Code.
(Case previously heard on February 13, 2002.) The motion was duly seconded and carried unanimously.
ITEM #E - Adjournment
The meeting adjourned at 2:14 p.m.