02/09/2005
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BOARD OF ADJUSTMENT AND APPEAL ON BUILDING/FLOOD CONTROL MEETING
CITY OF CLEARWATER
February 9, 2005
Present:
John H Logan, Jr.
Edward H. Walker, Jr.
Gary Richter
Arthur Shand
Chair
Board Member
Board Member
Board Member
Absent:
Pankaj Shah
Board Member
Also Present:
Kevin Garriott
Bill Wright
Patricia O. Sullivan
Building Official - arrived 2:02 p.m.
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 Walker moved to approve the minutes of the November 10, 2004, meeting, 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:
1) Case #BAA 05-01 - 709 Brookside Drive, Owner - Jill Silver, 15902 Willowdale St., Tampa,
FL33624. Representative- Jav Silver. 13311 Windina Oak Ct. Ste C. Tampa. FL 33612.
Request: Variance to the time schedule in the Notice of Unsafe. Located at Brookside Sub. Lot
20. Parcel 13-29-15-12096-000-0200
Building Construction Inspector Bill Wright said he first cited the structure at 709
Brookside Drive in February 2004, as unsafe for subsidence problems and cracking of the
building. Nothing has been done to address the problem except for attempts to repair and paint
the cracks. The new owner, Jill Silver, purchased the property in October 2004. The owner
picked up permits for underground work on January 24, 2005, but no work has been done.
Mr. Wright displayed photographs of the building taken in February 2004 that showed
cracks under windows, around the porch, down the side of the building and around the corner,
the porch breaking away from the building, a crack beginning to separate a room from the
house, partially installed windows that were not permitted, and attempted repairs of cracks. Mr.
Wright said the whole slab is breaking off, the floors are uneven, and the structure has many
cracks.
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Mr. Wright displayed photographs of the building taken February 4, 2005, that showed
the cracks had enlarged, attempted repairs of cracks, and no work or disturbance of materials
indicating work had begun to stabilize the structure by installing piers underneath the house.
Staff has been trying to work with the new owners to begin repairs.
Jay Silver, representative, said his mother, Jill Silver, owns the property. He said his
letter of commencement indicates digging will begin on repairs to the property on Friday,
February 11, 2005. He said once work is complete, he will submit an engineering certificate
indicating work is complete and the home is stabilized. He said he had applied for an extension
in case work did not meet City deadlines. Mr. Wright reported the January 24, 2005 permit
requires work to begin within 30 days.
In response to a question, Mr. Silver said necessary work would be completed by March
15, 2005. He indicated nearby homes have similar problems.
Member Richter moved to approve an extension to March 15, 2005, for the property
owner to complete repairs related to subsidence problems at 709 Brookside Drive and fax a
copy of related engineering certificates to the City. The motion was duly seconded and carried
unanimously.
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2) Case #BAA 05-02 - 470 Mandalav Avenue. Owner - Hunter Hotel Co.. P. O. Box 7230, Des
Moines, Iowa 50309 and Mandalav Investments, LLC. 2201 Fourth St. N. Ste 200. St.
Petersburo. FL 33704. Representative - CBR Development I & II. LLC. 2201 Fourth St. N. Ste
200. St. Petersburo. FL .33704. Reauest: Waiver of buildino code reauirement of 18-foot
setback from seawall on water front lots. Located at Clearwater Beach Park Sub.
Parcels 08-29-15-16398-000-0530. 08-29-15-16398-000-0490. 08-29-15-16398-000-0430.
08-29-15-16398-000-0090. 08-29-15-16398-000-0060, 08-29-15-16398-000-0010,
08-29-15-16380-000-0010, and 05-29-15-57927-000-0010.
Tim Johnson, representative, stated a redevelopment agreement with the City has been
approved to redevelop the Clearwater Beach Hotel at 470 Mandalay Avenue and the block to
the south with a devF.!lopment of hotel, retail, and condominium uses. He said the subject
seawall is 130 yards east of the high water line. Octavio Cabrerra said the seawall does not
appear to be serving its purpose.
Discussion ensued regarding seawalls, tiebacks, and deadmen. Building Official Kevin
Garriott reported BAABF (Board of Adjustment and Appeal on Building/Flood Control) previously
had declared nearby seawalls as nonfunctioning. Seawall-related construction requirements
would not apply.
Member Walker moved to declare the seawall at 470 Mandalay Avenue to be a
nonfunctioning seawall, therefore an 18-foot setback is not required. The motion was duly
seconded and carried unanimously.
Adiourn
The meeting adjourned at 2:40 p.m.
rd of Adjustment and Appeal on
Building/Flood Control
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Board Reporter
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