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05/14/2003BOARD OF ADJUSTMENT AND APPEAL ON BUILDING/FLOOD CONTROL MEETING CITY OF CLEARWATER May 14, 2003 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: 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 Shah moved to approve the minutes of the regular meeting of December 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 03-02 - 200 Brightwater Drive, Clearwater: Brightwater Town Homes LLC, Owner - Patti The Architect, Inc., Representative. Request decision on Section 704.4.2 of the Florida Building Code. Located in Crest Beach Bayside Sub. Lots 31, 32, 33. Parcel # 08-29-15-04932-000-0320: 02. Representative Patti Stound said her firm is planning several townhome developments on Clearwater beach. She requested a final determination regarding Section 704.4.2 of the Florida Building Code. She said where an 18-inch separation is required for the parapet, her structure has a four-foot separation. All elevators will have a roof, with 2-hour fire retardant materials above, on the wall, and in the hip roof. She said there will be a two-hour integrity between the 5-foot offsets. The elevators will feature sprinkler heads. She discussed the State Statue related to installation requirements for FRT board. It was stated a two-hour tenant separation is required in a fire-sprinkled building. Development Services Coordinator Rob Hays said the City requires four feet of FRT board on each side of the parapets. It was suggested if the roof of the building is separated from the roof of the parapet by more than 3 feet, only the roof of the elevator would require FRT board. Ms. Stound felt the City’s requirement is excessive. It was felt the difference in construction costs between FRT board and regular board is negligible. Member Walker moved that regarding construction of the parapet and roof detail at the elevator at 200 Brightwater Drive that the Code is met based on the interpretation of Patti Stound, the architect, that fire rated sheeting meets Code as per detail provided (Exhibit 1). The motion was duly seconded. Members Walker and Shah and Chair Logan voted “Aye”; Member Nall voted “Nay.” Motion carried. ITEM #C2 – Case BAA 03-03 – 612 Sally Lane, Clearwater: Kwangroo Kau & Shing P. Kau, Owner. Request time extension by six weeks. Located Golf View Gardens Lots 13 & 14. Parcel # 15-29-15-32004-000 0130. Owner Kwangroo Kau said he had received the City’s notice in April and contracted with a professional engineer, who used ground-penetrating radar under the building, verifying the structure is on pilings and is sound. Mr. Wright reviewed Unsafe Structure Report photographs, which show outside bricks pulling away from the footer, a railing broken out of the porch, a drooping, cracked, and uneven sidewalk, “toe stubbers” in the parking lot, and standing water in overgrowth by the back fence. He said the sidewalk and driveway need to be repaired and flowable fill injected under the building. The building exhibits no major cracks. It was questioned if a sinkhole has opened under the structure. Bill Goodson, representative, said the GPR survey indicates the structure may have been constructed on top of a land fill. He recommended lateral injections be used. Discussion ensued on the length of time the project will take to complete. Member Shah moved to approve a 6-week extension until June 25, 2003 to commence repair work, and for the work to be completed within 12 weeks, by August 6, 2003 to the structure at 612 Sally Lane to meet Section 47.161 City Code of Ordinances regarding unsafe buildings. The motion was duly seconded and carried unanimously. ITEM #C3 – Case BAA 03-04 – 3190 McMullen-Booth Road, Clearwater: North Bay Community Church, Owner. City of Clearwater requesting date certain to obtain permits and date certain for completion. Located in Turtle Brooke Sub, Parcel A. Parcel #21-28-16-92675-000-0100. Mr. Wright reviewed issues related to settling difficulties in the house on the property of the North Bay Community Church, Inc. at 3190 McMullen-Booth Road. On September 12, 2001, BAABF (Board of Adjustment & Appeal on Building/Flood Control) had approved a 90-day extension for the property owner to have a professional examine the soil and identify problems and solutions related to settling difficulties. Due to a lack of action, the issue was heard by the MCEB (Municipal Code Enforcement Board), which directed the church to move forward with repairs. Mr. Wright said no repairs have occurred. The geologist’s inspection report was completed in December 2002. He requested a date certain for completion of repairs or to raze the structure. Mr. Wright said Unsafe Structure Report photographs of the property, dated September 11, 2001, showed major cracks in the structure. He reviewed photographs taken May 12, 2003, which shows rainfall has raised the water table, causing clay under the house to expand, and appears to have narrowed the size of the cracks. He said the upper section of the structure has slipped sideways by one-fourth inch and expressed concern the building continues to be occupied. He said the structure should not be used until repairs are completed but could not determine if danger is imminent. Fred Eichelberger, representative, said the church has been fighting its insurance company for two years. He said the geologist report indicates a sinkhole is under the structure. Repairs are estimated to cost $363,000. The church council must approve the settlement to repair the building or decide to raze the structure. He said City staff has cooperated thoroughly regarding this issue. Professional drawings are required before repairs can be made. A detailed work list has been completed. Discussion ensued regarding necessary repair efforts. Member Walker moved to approve a 60-day extension, to July 13, 2003, for the North Bay Community Church to determine if it will repair or raze the subject structure, plus 30 days, until August 12, 2003, to submit plans and if neither determination is made the City may raze the structure at 3190 McMullen-Booth Road. The motion was duly seconded and carried unanimously. ITEM #C4 – Case BAA 03-05 – 611 Harold Court, Clearwater - Two (2) Structures: Estate of Larry C. Matlock, Owner - Thompson & Foote P.A., Representative. Request time extension. Located in Marshall & Brandon’s Sub. W 20 feet of Lot 9 & E 20 feet of Lot 10. Parcel #16-29-15-556602-000-0090. ` Sally Foote, personal representative for the estate, stated the property owner, Larry Matlock, had died in May 2002. She agreed the bungalow and apartment building are uninhabitable. She said except for the property, the estate is insolvent. Mr. Matlock died without a will. She said the heirs have agreed to sell the property and have listed it with a Realtor. The mortgage and back taxes will be paid from the proceeds. She said the sale of the property is being negotiated. She said the structures are in dreadful condition, but the estate has no money to make repairs. She said she did not receive the unsafe structure notice, issued in November 2002, until March 2003, when she immediately telephoned Mr. Wright. Ms. Foote requested an extension before the structures must be raised, suggesting the structures could have some value. She said City costs to raze the structures will be considerable if asbestos is present. She said the estate now is in a position to sell the property. The purchaser will understand the structure must be secured. She discussed court imposed time constraints, estimating it may take up to 12 weeks to finalize a sale. Mr. Wright reviewed Unsafe Structure Report photographs of the property, dated November 26, 2002 and May 13, 2003. They indicate homeless individuals are using the shed behind the home for shelter. The building’s back door is open and a window has been pried open. One-half of the roof is down on the two-story structure’s porch. Problems also are associated with light sockets, flooring, pipes, windows, broken locks, the roof, stairs, outside walls, etc. Mr. Wright indicated another structure on the property also is in poor condition and requires repairs. The City has not cited that structure yet at 612 Pine. In response to a question, Ms. Foote reviewed plans to separate the homestead and non-homestead properties and send a notice to estate creditors. She said closing could be hastened if she goes before a judge on an emergency basis. John Skicewicz, Real Estate Broker for the estate, said his firm has received a considerable number of inquiries regarding the property. He said the property needs to be evaluated regarding which structures are worth saving. He suggested repairing the bungalows may be feasible as rentals until the site can be redeveloped. He said he has received a deposit on the property, which is in escrow. He said it could be a problem if the structures are razed in the next 60 days. He said he will make efforts to keep the property clear of vagrants. Ms. Foote suggested the City could board up and secure structures on the property and place a lien on the property to cover related costs. She said the structures have no utilities. Peter Heer, perspective purchaser of the property, questioned what repairs are necessary to meet Code. Mr. Wright said the property was cited in November 2002 for having unsafe structures. Structures must meet current Code upon completion of repairs. He did not know what zoning restrictions may exist. Building Official Kevin Garriott said the property has been a public nuisance for at least 7 months and reviewed City public safety and liability concerns. Ms. Foote said the estate has no funds to make any repairs. She requested the City not burden the estate by forcing it to raze property structures immediately. Mr. Skicewicz said his firm can take steps to secure the buildings, such as screwing doors shut. He said nearly half of the property’s tax assessment is based on structures on the property. He said the structures have a perceived value. Discussion ensued. Concern was expressed regarding related safety and security issues. Mr. Garriott said taxpayers currently are paying costs to secure the property. Ms. Foote did not know if a plan can be developed for the property within 60 days. She requested a 60- to 120-day extension for the purchaser to complete due diligence. Mr. Wright said staff has filed an intent to lien the property for previous efforts to partially board up the property. Member Shah moved to approve a extension of one week, until May 21, 2003 to secure the structures at 611 Harold Court according to City requirements and a total of 75 days, until July 28, 2003, for the estate to reach a decision related to the sale of the property or for the estate to submit a plan to repair or raze the property’s structures and that the City may raze the structures if no action is taken. Discussion ensued regarding the dilapidated structure at 610 Pine Street. Assistant City Attorney Leslie Dougall-Sides said the City would be willing to waive the appeal fee for the BAABF to hear an appeal for a structure on that property, which also is part of the estate. Mr. Wright said the City will bring back these properties to the board if no action occurs. The motion was duly seconded and carried unanimously. ITEM #D -Pending Matters Mr. Garriott requested at the beginning of meetings, the Chair announce the requirement that attendees turn off cell phones. ITEM #E - Adjournment The meeting adjourned at 3:45 p.m.