11/10/2004
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BOARD OF ADJUSTMENT AND APPEAL ON BUilDING/FLOOD CONTROL MEETING
CITY OF CLEARWATER
November 10, 2004
Present:
John H. Logan, Jr.
Edward H. Walker, Jr.
Pankaj Shah
Gary Richter
Chair
Board Member
Board Member
Board Member
Absent:
Arthur Shand
Board Member
Also Present:
Leslie Dougall-Sides
Kevin Garriott
Bill Wright
Patricia O. Sullivan
Assistant City Attorney
Building Official
Building Construction Inspector II
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:
Member Richter moved to approve the minutes of the regular meeting of October 13,
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 04-08 - 900 North Osceola Avenue, Clearwater: Clearwater Bav Marina
LLC. Owner. Housh Ghovaee. Representative. Request variance to allow buildinQ units within
the 18-foot setback of seawall. Located in the Sue Barco. Blish and Gorra Subs.
Parcels 09-29-15-32184-002-0020. 09-29-15-09252-000-0010. 09-29-15-00000-140-0100,
09-29-15-02713-000-0230. 09-29-15-02718-000-0130. and 09-29-15-32184-002-0011
AI Cowan, representative, said the project will replace the Clearwater Bay Marina with
133 condominium units in two towers plus eight townhomes on the U-shaped property. He
presented the November 9,2004, letter from Florida Licensed Engineer Reuben Clarson, of
Reuben Clarson Consulting, indicating the planned seawall, to be constructed of corrugated
vinyl sheet pile, will have the capacity to carry the load of the project's first floor garage. Mr.
Clarson indicated a new anchor system will be designed around building pilings so no conflicts
with new anchors occur once work commences. Mr. Cowan reviewed developer efforts to
move this project forward. As proposed, the towers will be constructed six feet from the
seawall.
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Housh Ghovaee, representative, said significant communication has occurred between
the developer, neighborhood, and City staff. He said fire access requirements, including a
reinforced turnaround on the project's north side, required the towers to be located close to the
seawall. He said although the site is zoned for 184 units, only 133 units are planned. The
seawall is being replaced where necessary. He said the project will be designed to meet all
City requirements.
Discussion ensued regarding the need to retain access to the seawall's deadmen. It
was indicated a concrete floor in the garage would not meet those requirements. Mr. Ghovaee
said Mr. Clarson's letter does not accurately explain that pilings will be sunk a minimum of 30
feet and the seawall will not be load bearing. Building Official Kevin Garriott said the Code
does not allow construction within 18 feet of a seawall unless access to the deadmen is
retained. He suggested the installation of interlocking pavers within 18 feet of the seawall
would maintain necessary access.
Mr. Ghovaee agreed to install interlocking pavers as necessary to maintain access to
seawall deadmen. In response to a question, he said the fire access turnaround must be
strong enough to bear the weight of a 74,000-pound hook and ladder truck.
Member Shah moved to grant a variance to allow building units within the 18-foot
setback of seawall subject to approval by the Building Department of a design that does not
conflict with the seawall and provides easy access to seawall deadmen at 900 North Osceola
Avenue. The motion was duly seconded and carried unanimously.
ITEM #D -Pending Matters - None.
ITEM #E - Adjournment
The meeting adjourned at 2:30 p.m.
-'C ir
oard of Adjustment and Appeal on
Building/Flood Control
Building-Flood Control 2004-11-10
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