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09/08/2004 . . . BOARD OF ADJUSTMENT AND APPEAL ON BUILDING/FLOOD CONTROL MEETING CITY OF CLEARWATER September 8, 2004 Present: John H. Logan, Jr. Edward H. Walker, Jr. Gary Richter Pankaj Shah Arthur Shand Chair Board Member Board Member Board Member Board Member - arrived 2:04 p.m. Also Present: Bill Wright Cornelius Legters Brenda Moses Building Construction Inspector II Senior Plans Examiner 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. A. Approval of Minutes - AUQust 11. 2004 Member Shah moved to approve the minutes of the regular meeting of August 11, 2004, as submitted in written summation to each board member. The motion was duly seconded and carried unanimously. B. Continued Reauests- None. C. New Reauests 1. 1091 Eldorado Avenue. Clearwater. Florida: Owner: Carlouel Yacht Club. Inc.: Representative: Plisko Architecture. PA: Reauest: Variance to the FEMA Code to allow owner to utilize propertv to construct a beach club and cabanas west of Eldorado Avenue: Located: Mandalav sub Blk 70 lot 12. 13 and N 1/2 of 11 & rep rts: Parcel: 05- 29-15-54666-070-0120. Chair Logan abstained from voting but participated in the discussion. Alex Plisko, representative, said the Carlouel Yacht Club wishes to construct a beach club and cabanas west of Eldorado Avenue. He said the seawall does not actually serve as a seawall. The mean high water line is approximately 460 feet and has been at that level for a long time. There are existing structures that go all the way to the seawall. Mr. Plisko said the applicant is requesting a variance to construct an open facility straddling the top of the seawall. Discussion ensued. It was remarked that discussion had taken place involving this same seawall and determined that the alleged seawall was more of a concrete slab covered in sand, and no longer serves as a seawall. Mr. Plisko said this request relates to the variance, not the CCCL (Coastal Construction Control Line), as the applicant will not locate electricity below the base flood elevation. The tent will be replaced with an open shelter-type space. The floor of the cabana will be open-jointed and the structure will be constructed on pilings. He said as cabanas are uninhabitable Building-Flood Control 2004-09-08 1 . . . structures, they do not have to conform to the floor elevation regulations of the Code. He said the house to the north of this proposed structure was constructed over a seawall. Senior Plans Examiner Cornelius Legters said he had discussed this application with Building Official Kevin Garriott. The Building Department does not oppose this application, but requires Board approval of the application because the concrete slab is a "seawall." Although the seawall does not function as originally intended, the Board must review these types of applications on an individual basis. In response to a question, Mr. Legters said a seawall is not required in this area. It was remarked Chapter 39 of the Code states all structures must be 18 feet from a seawall. A comment was made that t~is board had granted a variance in a previous case because the seawall is not being usecfis no more than a concrete slab covered in sand. A comment was made that it would be cost prohibitive for the City to remove the seawall. Mr. Plisko requested approval as this proposed project is in a B Flood Zone, is being placed on pilings, and other homes in the area have been built over the seawall. He said removable decks would allow access to the deadman brace. Jim Spencer, adjacent property owner, said he did not object to the proposed project. He requested that the ground not be elevated, as a small pond already forms behind his home when it rains. Mr. Plisko stated the applicant would not alter the ground elevation for this project. He said the owner is willing to pay in lieu of doing any retention on the site so that the stormwater can be relieved. He said the project may include a new piping system. He said the applicant has requested this variance in order to proceed with necessary zoning changes. He suggested board members attend the CDB (Community Development Board) hearing regarding this project. He said the applicant also would address SWFWMD (Southwest Florida Water Management District) issues. Staff reported one letter was received in opposition to the project, with no reason given. It was noted the applicant is not requesting a variance to the FEMA (Federal Emergency Management Authority) Code, as listed in the title. Member Walker moved to grant a variance to Carlouel Yacht Club, Inc., at 1091 Eldorado Avenue, to permit construction of a beach club and cabanas west of Eldorado Avenue over the existing seawall/retaining wall. The motion was duly seconded and upon the vote being taken, Members Walker, Richter, Shah, and Shand voted "Aye"; Chair Logan abstained. Motion carried. Adjourn c;YcJ~1 Board of Adjustment and Appeal on Building/Flood Control The meeting adjourned at 2:32 pm. 2