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09/11/2002BOARD OF ADJUSTMENT AND APPEAL ON BUILDING/FLOOD CONTROL MEETING CITY OF CLEARWATER September 11, 2002 Present: John H. Logan, Jr. Chair Edward H. Walker, Jr. Acting Chair/Board Member Michael D. Corcoran Board Member Carroll Nall, Jr. Board Member Pankaj Shah Board Member Also Present: Garry Brumback Assistant City Manager – departed 2:56 p.m. Jeff Kronschnabl Development Services Director – departed 3:24 p.m. 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 – July 10, 2002 Member Corcoran moved to approve the minutes of the regular meeting of July 10, 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 #BAA02-07–1834 East Drive, Clearwater, Florida, Owner: Nasir A. Rasuli. Requesting an extension of time, due to hold up of insurance from fire damage. Location: Quail Run Subdivision, Lot 8 (One unit of triplex). Parcel #02-09-15-73359-000-0080. Building Construction Inspector Bill Wright said the property owner experienced fire damage, received a settlement from his insurance company, and had applied for a permit, which has since been approved. He is out of town and has requested a 30-day extension to pick up the permit. Member Shah moved to approve the request for a 30-day extension for the property owner at 1834 East Drive. The motion was duly seconded and carried unanimously. ITEM #C2 – Case #BAA02-08 – 1480 Gulf Blvd., Clearwater, Florida, (Pier Only). Owner: Clearwater Key Association, Inc., South Beach, 1480 Gulf Boulevard. Representative: Bennett L. Rabin, Esq., 28100 US19, Suite 300, Clearwater, FL 33761. Location: Sand Key. Parcel #19-29-15-78630-000-0001. Bennett L. Rabin, representative, said the Clearwater Key Association, Inc. is requesting a time extension to review and make a determination as to the disposition of the their condominium pier at 1480 Gulf Boulevard. The Condominium Act requires that the condominium membership receive proper notice regarding any issues affecting the property including material alterations or demolition of property. Of the 135 units, 102 unit membership must vote affirmatively before any action may be taken. The condominium association is working with professionals and City staff to remedy the issues relating to deterioration of the pier. Mr. Rabin said he thinks the County has deferred this matter to the City. He said he has been informed that no construction of any kind could take place until after October 31, 2002, due to the sea turtle nesting season. He requested the BAAF (Board of Adjustment and Appeal on Building/Flood Control) grant the same consideration to these property owners as it had granted other associations in similar situations. Mr. Wright gave a slideshow presentation demonstrating how the pier had deteriorated from saltwater intrusion. He said the pier is a safety hazard and does not provide emergency and police patrol access due to structural damage. The damage shown included rusted steel beams and straps, numerous cracks and missing slabs of concrete, caps, and steel reinforcements, and areas with no structural support. In some instances, portions of the pier had fallen off the structure. At one time, the association had attempted to rope off the pier, however the rope is no longer in place. In response to a question, Mr. Wright said the City condemned this pier as an unsafe structure on July 29, 2002. Mr. Rabin said Clearwater Key Association has estimated the cost of demolition at approximately $100,000. No decision regarding repairs or demolition can be made until the membership votes on how to proceed. He felt that a minimum of 60 days was needed to present alternatives to the membership, as many of them live in the complex seasonally. He also felt that six additional months to make arrangement for demolition or reconstruction would be necessary. It was remarked that after viewing the presentation depicting the condition of the pier, reconstruction or repair would not be feasible. Mr. Rabin said he felt there are significant areas that could be salvaged. He said governmental regulations and the fact the pier is in a Coastal Construction Line area could delay Clearwater Key Association’s ability to abate the problem. Mr. Rabin said the association could abate the issue if given time to work with governmental officials in conjunction with the next beach renourishment project. It was remarked that the next beach renourishment project is not scheduled until 2005-06 and the disposition of this pier cannot be delayed that long. Reuben Clarson, Reuben Clarson Consulting, Inc, said he inspected the pier. He said he felt although the caps, pilings, etc. are a major problem, some areas could be jacketed. He said saving the pilings is the biggest expense. He said there is no question the pier is a safety hazard. He suggested a section of the pier could be removed to provide police and emergency access until a final decision regarding its disposition is made. He said time is needed to analyze the situation. He suggested current regulatory issues could make it difficult to rebuild the pier once it is demolished. He recommended temporary fencing to address safety issues. In response to a question, he said this pier was built in the 1960’s. Mr. Rabin reiterated that the association has a willingness and desire to abate the safety issues, but is being limited with respect to their ability to do so because of the sea turtle nesting season. It was remarked that deterioration of the pier did not take place overnight. Concern was expressed its present condition is unacceptable and poses tremendous safety hazards. Discussion ensued and it was remarked that SWFWMD (Southwest Florida Water Management District) and FDEP (Florida Department of Environmental Protection) require approval for removal of slabs, access to seawalls, etc. It was suggested that Mr. Rabin provide SWFWMD and all applicable agencies information regarding the importance of expediency in the permitting process due to the pier’s condition. Assistant City Manager Garry Brumback said his concern is to make the pier safe immediately in order to avoid potential accidents. He said the safety is the City’s first priority. City staff would be happy to work with Clearwater Key Association as necessary and help facilitate discussions with various agencies. Jeff Kronschnabl, Development Services Director, said the safety issues must be address immediately. September and October are Florida’s worst months for storms. Discussion ensued regarding a timeframe for abatement of safety issues and for a final decision to be made by the association regarding the pier’s disposition. Mr. Rabin said regardless of the decision to demolish or repair the pier, it would be difficult for the association to identify a timeframe or compliance date. Variables such as reliability of contractors, obtaining permits, and funds or levying a condominium assessment would take approximately 6 months. Mr. Rabin said historically, it takes 30 days for an association to acquire a vote on such matters. In response to a question, Mr. Clarson said he estimated three to four weeks for demolition of the pier, excluding obtaining the permits. He did not know how long it would take to make repairs, but estimated a minimum of two to three months, excluding the time needed to obtain permits. Mr. Rabin said none of his comments relate to securing necessary funds for the pier. He said it would be unfair to suggest placing a timeframe on the completion of the project as the condominium association does not have sufficient information, permits, etc. at this time. It was remarked that to leave the compliance date open-ended might cause further delays in securing the structure. It was commented the BAAF reviews cases on an individual basis and tries not to set precedents. However, the BAAF also strives to be consistent when making decisions. Three persons spoke indicating the pier is unsafe, the condominium association requires notification and a formal vote, and that time is required to obtain applicable permits, etc. for reconstruction or demolition. Member Walker moved to grant the request for extension of time as follows for the pier located at 1480 Gulf Boulevard, Clearwater: 1) The applicant shall be given two weeks to secure safety and access to the pier to the City’s satisfaction; 2) the applicant shall be granted a six-month extension to file permits with the City and file evidence with the City of having applied for permits from other agencies that may require such permits; and 3) should the applicant not provide that evidence to the City within six months, the City has the authority to begin the process for demolition of the pier. The motion was duly seconded. It was suggested that a date be specified for the work on the pier to be completed. Member Walker moved to amend his motion as follows regarding the pier located at 1480 Gulf Boulevard, Clearwater: 1) The applicant be given two weeks to secure safety and access to the pier to the City’s satisfaction; 2) the applicant be granted a six-month extension to file permits with the City and file evidence with the City of having applied for permits from other agencies that may require such permits; 3) should the applicant not provide that evidence to the City within six months, the City has the authority to begin the process for demolition; 4) after the six month period during which time all permits shall have been applied for and obtained, the applicant is to begin construction within 30 days and complete the work within four months. The seconder agreed. Upon the vote being taken on the amended motion, Members Walker, Corcoran, Nall, and Shah, and Chair Walker voted “aye”. Motion carried. ITEM #D – Pending Matters – None. ITEM #E - Adjournment The meeting adjourned at 3:29 p.m.