10/13/2004
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BOARD OF ADJUSTMENT AND APPEAL ON BUILDING/FLOOD CONTROL MEETING
CITY OF CLEARWATER
October 13, 2004
Present:
John H. Logan, Jr.
Pankaj Shah
Gary Richter
Chair
Board Member
Board Member
Absent:
Edward H. Walker, Jr.
Arthur Shand
Board Member
Board Member
Also Present:
Leslie Dougall-Sides
Kevin Garriott
Bill Wright
Cornelius Legters
Patricia O. Sullivan
Assistant City Attorney
Building Official
Building Construction Inspector II
Senior Plans Examiner
Board Reporter
The Chair called the meeting to order at 2:20 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:
Member Shah moved to approve the minutes of the regular meeting of September 8,
2004, as recorded and submitted in written summation to each board member. The motion
was duly seconded and carried unanimously.
B - Continued Requests: - None.
C - New Requests
C1 - Case BAA 04-07 - 921 Lakeview Road, Clearwater: Sadlon Properties. Inc.. Owner.
Richard Weiaand. Representative. Request reduction to Florida Buildina Code to reduce a
three-hour wall to a one-hour separation between storaae and residential units. Located in
Lake Belleview add Blk 1 Lots 13.14.15. 16 less street. Parcel #21-29-15-47466-001-0130
Alan Gilbertson, Representative, said the owner had purchased the property in 2002 "as
is" and has not determined a use for the warehouse space. He said no hazardous materials
are stored in the space and the lumber has been removed. He said installing a three-hour fire
separation in the ceiling would be very expensive and difficult to accomplish. He said the
property owner wants to lease the vacant space to a tenant who will remodel it for a specific
use. He said two residential units are located above the space and two residential units are in
the rear.
Building Official Kevin Garriott said the Code considers all unknown uses as storage,
which requires a three-hour firewall separation. Building Construction Inspector Bill Wright
inspected the property in response to a tenant complaint. He said the residential units require
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fire protection. Mr. Garriott reviewed fire separation standards. Currently, only a wood floor
separates the storage space from residential units.
Mr. Gilbertson said the space has an original sprinkler system, plus another one added
by a previous owner. He said the sprinkler system works.
Mr. Wright presented photographs of the property taken on August 10 and October 12,
2004. The photographs of the subject space illustrate the storage of old wood doors, wood,
windows, plywood, electrical items, many paint cans, varnish, chemicals, gasoline, fencing,
compressors, roofing materials, pipes, etc. The owner has been cooperative. Mr. Gilbertson
said the owner is removing all materials from the space. He suggested a one-hour fire rating
would be sufficient and plans to discuss the issue with a structural engineer. Mr. Wright said
the stairwell also requires fire-rated protection. An incomplete interior partition project below
the ceiling and a mezzanine without safety rails provide additional hazards. Also, wires hang
from the ceiling. Mr. Wright said staff needs to verify that the wall separating the storage area
from the rear residential units is block construction.
In response to a question, Mr. Gilbertson said one upstairs residential unit and the two
rear residential units are occupied. In response to a question, he said the Fire Department had
concerns when they could not access the standpipe valve. He said the Fire Department also
had required the installation of a one-hour firewall separation between the space and rear
residential units, a one-hour firewall separation for the stairwell, an emergency light for the
stairwell, smoke alarms, an extinguisher in the corridor, and contractor verification that the
sprinkler system is operational. Mr. Garriott recommended the owner empty out the space and
limit uses to those that require only a one-hour fire separation.
In response to a question, Mr. Garriott said the Fire Department performs periodic fire
inspections to verify compliance. Mr. Wright said the Fire Department does not inspect
residential property unless called.
Discussion ensued regarding compliance and how long it would take to achieve. Itwas
recommended the board provide a 90-day extension to correct issues related to the unsafe
building, for current Code firewall separation requirements to be installed before another unit is
rented, and to include a condition that requires the property to be reinspected.
Mr. Gilbertson said the mezzanine will be removed.
Member Richter moved to approve a 90-day extension, until January 11, 2005, for the
storage space to be cleaned out to the bare walls and ceiling, for the property to be inspected
regularly, and for a one-hour fire separation to be installed as required, and bring into
compliance the structure at 921 Lakeview Road to meet Section 47.161 City Code of
Ordinances regarding unsafe buildings. The motion was duly seconded and carried
unanimously.
Mr. Wright said if the building does not comply with Code by the deadline, the City will
follow through with its Code enforcement process for unsafe buildings.
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ITEM #D -Pendina Matters
Mr. Garriott reported the 2004 edition of Florida Code will go into effect July 1, 2005,
rather than January 1, 2005.
ITEM #E - Adiournment
~~(
air I
Board of Adjustment and Appeal on
Building/Flood Control
The meeting adjourned at 2:58 p.m.
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