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10/09/2002BOARD OF ADJUSTMENT AND APPEAL ON BUILDING/FLOOD CONTROL MEETING CITY OF CLEARWATER October 9, 2002 Present: John H. Logan, Jr. Chair Michael D. Corcoran Board Member Pankaj Shah Board Member Carroll Nall, Jr. Board Member Absent: Edward H. Walker, 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 Nall moved to approve the minutes of the regular meeting of September 11, 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 02-09 - 11 S. Highland Avenue, Clearwater: Forrest B. Malmin, Owner.. Request time extension due to hold up of insurance from fire damage. Located in Crest Lake Park Sub. Blk. A. Lot 3 7 N1/2 of Lot 4. Parcel # 14-29-15-18972-001-0030. Owner Forrest B. Malmin said he had received the insurance funds to fix the structure, which was damaged by fire. Repairs are almost complete. He estimated all Code related repairs will be completed within two weeks. Building Construction Inspector Bill Wright agreed to an extension of time. Member Shah moved to approve a 30-day extension until November 8, 2002 for the completion of necessary repairs to the structure at 11 South Highland Avenue to meet Section 47.161 City Code of Ordinances regarding unsafe buildings. The motion was duly seconded and carried unanimously. ITEM #C2 – Case BAA 02-10 – 3048 Prestige Drive, Clearwater: Edwin F. & Jhoell R. Byerly, Owner – Ben Smith, Representative. Request time extension to evict tenants and work with insurance company. Located in Forest Wood Est. 1st Add. Lot 90. Parcel # 04-29-16-29062-000-0900. Ben Smith, representative for the owner, said a sinkhole had opened beneath the house. The tenants have moved. He said electricity and water to the structure have been shut off. He said the insurance company has hired an engineer to locate the sinkhole and design a repair. Mr. Wright reviewed Unsafe Structure Report photographs, which show cracks in the structure’s walls and ceilings, a 4-inch gap between a wall and floor, a closet shifting downhill, kitchen cabinets and countertops pulling away from the wall, a huge crack in the front wall pulling to the south, trim separating from an interior corner, separations in the floor tile, a 3-inch crack in the slab floor, cracks in the wall over sliding glass doors, cracks in the outside wall, trim pulling away from the garage door area, the driveway breaking apart, the outside slab pulling away from the building, and a nearby door which is breached by water when it rains. The house next door was razed and the property left vacant due to an underground clay pocket. Mr. Smith said the subject house was repaired last year due to a sinkhole in the front of the house. He said an engineer had signed off on that work. He said it appears the center of the house now is sinking. Mr. Smith did not know if the insurance company had paid for the previous repairs. Mr. Smith said he represents the owner, Ms. Byerly. He said Mr. Byerly had passed away. It was stated sinkhole repairs take time due to insurance company procedures. Mr. Smith said the claim was submitted to the insurance company on September 12, 2002. A report is being prepared following radar of the property. The insurance company has not indicated if it will pay for repairs. Mr. Wright said the structure must be repaired before it can be occupied. Discussion ensued regarding the project. Mr. Wright said if a 90 day extension is approved, Mr. Smith should keep staff abreast of actions by forwarding them copies of all engineering and insurance company paperwork. Staff will work with the property owner. Member Shah moved to approve a 90-day extension until January 7, 2003 for the property owner to come up with a plan to complete necessary repairs to the structure at 3048 Prestige Drive to meet Section 47.161 City Code of Ordinances regarding unsafe buildings or to raze the structure. The motion was duly seconded and carried unanimously. ITEM #C3 – Case BAA 02-11 – 1941 Edgewater Drive, Clearwater: (Comfort Suites) R/R Comfort Suites Clearwater, Owner – Automated Consulting Services, Representative. Request relief of Code Section 304.6.3 of 1997 Mechanical Code. Located in Sunnydale Sub Lot 41 Less W 17.08 ft for St. Parcel # 03-29-15-86778-000-0410. George Aubin, Representative, said the owner is seeking relief from the City’s interpretation of Code regarding the installation of exhaust fans used for the property’s hotel bathrooms. He said his firm had installed the same design in buildings in Tampa and St. Petersburg without problem. He said other jurisdictions in Florida do not require installation of a platform and ladder to service exhaust fans. He said the fans do not need servicing and will be replaced when they break. There are only power lines extended to the fans, not refrigeration lines. He said if the fans require serving, a portable lift can be rented or scaffolding constructed. He said the building’s plans were approved as installed. He said modifying the installation at this point would cost up to $30,000. He said plans presented at a neighborhood meeting prior to construction illustrated the current design. He expressed concern liability would be an issue if ladders are added. Mr. Wright questioned how a portable lift could be used in the pool and spa area. Mr. Aubin said there is adequate space for the lift, which could straddle the spa if necessary. Building Construction Inspector Tom Carrick said pulley fans require maintenance twice a year. Mr. Aubin said had they known about City concerns prior to installation, in-line fans could have been installed in the mechanical room. Mr. Carrick referenced a letter from Senior Staff Engineer Larry Simpson of SBCCI (Southern Building Code Congress International, Inc.) which stated the installation would be permitted if first approved by the Building Inspector. The City’s building inspector never gave permission for this type of installation. Mr. Carrick felt the proposed service methods are unsafe. Discussion ensued regarding power issues related to the fans. It was felt the hotel could use scaffolding to service the fans rather than requiring the property to reinstall the equipment at a significant expense. Mr. Wright referenced two letters from neighbors, which indicate they do not want ladders attached to the building. Member Shah moved to provide relief from the City’s mechanical code for the Comfort Suites hotel property at 1941 Edgewater Drive so that a permanent structure is not required to service the exhaust fans and that replacements not be pulley fans, if approved by the building official as an alternative design. The motion was duly seconded and carried unanimously. ITEM #D -Pending Matters – None. ITEM #E - Adjournment The meeting adjourned at 2:59 p.m.