Loading...
07/13/2005 . . . BOARD OF ADJUSTMENT AND APPEAL ON BUilDING/FLOOD CONTROL MEETING MINUTES CITY OF CLEARWATER July 13, 2005 Present: John H. Logan, Jr. Edward H. Walker, Jr. Pankaj Shah Gary Richter Arthur Shand Also Present: Leslie Dougall-Sides Kevin Garriott Bill Wright Patricia O. Sullivan Chair Board Member Board Member Board Member Board Member - arrived 2:04 p.m. 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 Shah moved to approve the minutes of the regular meeting of June 8, 2005, as submitted in written summation to each board member. The motion was duly seconded and carried unanimously. B - Continued Reauests: - None. C - New Reauest: 1) Case #BAA05-05 - 422 Turner Street A1K1A 534 throuah 544 S. Ft. Harrison Avenue. Owner - Jorae E. Parra/Gladvs Varela. 40946 US 19N. Tarpon Sprinas. FL 34689. Reauest: Extension of deadline to sell. Located at Turner's A.C. Add to Clearwater Blk 1. E 75feet of lot 3 & S 25 feet of E 75 feet of lot 2. Parcel #16-29-15-92592-001-0031 Property owner Gladys Varela said she is working with an attorney regarding problems related to the sale of this property. Building Construction Inspector Bill Wright reported the structure was cited as unsafe following his April 22, 2005, inspection of the front awning, which had collapsed onto the Ft. Harrison Avenue sidewalk during a storm. He found the back door unsecured and kicked in. Photographs of the property, taken by Mr. Wright, indicate that life/safety issues exist. The structure's sprinkler system does not work and nothing is in place to stop a fire from burning through the floor of the three upstairs residential units from downstairs commercial storage uses, which included gasoline cans. Since notification of unsafe status, the owner has repaired the awning, secured the structure, and removed the gasoline cans. However, the two occupied residential units continue to lack fire protection. Photographs also showed broken windows and Building - Flood Control 2005-07-13 1 . . . electrical problems, deterioration of the upstairs floor system, where some joists had been cut out, and a significant quantity of junk stored downstairs. Ms. Varela said the downstairs had not been cleared of all materials. She said the property was sold and closing had been scheduled this month. She said she is scheduled to meet with her attorney regarding the contract, which is in dispute. No closing date currently is scheduled. Ms. Varela said the sale to her sister will go through. She said her sister has adequate funds to make necessary repairs. Concern was expressed current conditions are unsafe. Ms. Varela said her son is one of the tenants. In response to a question, she said that tenants probably will have to vacate the building during repairs, which she estimated would take two months to complete. In response to a question, Mr. Wright said the Fire Department had not been involved with this case. It was recommended that staff invite the Fire Department to review safety issues and determine if occupation of the residential units is safe. Discussion ensued regarding Fire Department review and eviction laws. Building Official Kevin Garriott also will inspect the structure and has the authority to evict residents if he determines their immediate safety is threatened. He requested that the motion allow City action should an extension expire. Mr. Wright said he had not inspected the residential units but reported that the significant damages would take 120 days to repair. Concern was expressed that sale of the property could fall through. Member Shand moved to approve a 30-day extension to obtain permits, until August 12, 2005, and for repairs to be completed within 120 days, by October 11, 2005, to the structure at 422 Turner Street A1K1A 534 through 544 S. Ft. Harrison Avenue, to meet Section 47.161 City Code of Ordinances regarding unsafe buildings, with a provision that the Fire Department and Building Official inspect the structure as soon as possible, and if it is determined that the structure is unsafe for occupancy, that the structure shall be unoccupied and that the City can take action, as permitted by Code, should deadlines expire. The motion was duly seconded and carried unanimously. Building - Flood Control 2005-07-13 2 . 2) Case #BAA 05-07 - 1254 Grove Street. Owner - LOPA. LLC. 2840 W Bav Dr. #335. Belleair Bluffs. FL 33770. Reoresentative - Lorri Ritter. 2840 W Bav Dr. #335. Belleair Bluffs. FL 33770. ReQuest: Extension of deadline to comolete work. Located at Moore Prooertv of A.J. Lots 14 & 15. Parcel #15-29-15-58788-000-0140 Representative Pat Bilotta reported all rotted wood and windows have been replaced, with the exception of two windows, which required reordering. She said on August 16, 2005, the CDB (Community Development Board) will consider her request to enclose the front porch. She anticipated all work would be completed by September 2005. Mr. Garriott said that permits, good for 30 days, are extended if work is progressing. He said this project has had no problems and that it was unnecessary for Ms. Bilotta to request this extension. He recommended she remain in touch with Mr. Wright to schedule framing inspections, etc. Work on one triplex unit is nearing completion. In response to a question, Ms. Bilotta said she had applied for the extension as the timing of the CDB hearing concerned her and she did not want her permits to expire. She said the porch enclosure had been eliminated from her permit application, but will be updated with a plan amendment should the CDB approve the request. Member Richter moved to direct staff, regarding property at 1254 Grove Street, to work with Pat Bilotta regarding completion of the project, and to report to the board should problems occur, and for Ms. Bilotta to continue working with the City's Building Department and scheduling required inspections. The motion was duly seconded and carried unanimously. . 3) Case # BAA 05-08 - 657-663 Bav Esolanade. Owner - North Clearwater Beach Develooment. P.O. Box 4189. Clearwater. FL 33758. Reoresentative - Housh Ghovaee. Northside EnQineerinQ Services. Inc.. 601 Cleveland Street. Clearwater. FL 33755. ReQuest: Variance to build within the 18-foot setback for seawalls. Located Mandalav Unit No 5 Reolat Blk 77 Lot 4 & 5. Parcel #05-29-15-54756-077-004010050 Representative Housh Ghovaee reviewed the request related to a five-story condominium project. He said the applicant proposes to install four structural columns on pilings, sunk deep into the ground to exert no pressure on the seawall, 12 feet from the seawall, where a setback of 18 feet is required. He said many nearby buildings abut the seawall and the property's current structure, which is not on pilings, is three feet from the seawall. He said balconies, which can extend four feet, will be cantilevered. He said a structural engineer will review the entire seawall and each dead man. He said if necessary, the applicant will reconstruct or reconfigure the seawall as recommended by the engineer. He said the project will not compromise the seawall's structural integrity. He said concrete pavement will not affect the seawall. The project is scheduled for CDB review on July 18, 2005. Discussion ensued regarding the 18-foot setback requirement, which allows continued access to each seawall deadman, vital for future repairs, and the boards previous requirements that pavers be installed over every deadman to ensure this access. Mr. Ghovaee stated the structural engineer may recommend replacing each deadman with hold backs. It was stated if the seawall is reconstructed, the City could review the modification and, if approved, amend this action to reflect the new design. Assistant City Attorney Leslie Dougall-Sides reviewed Code requirements for granting a variance. . Building - Flood Control 2005-07-13 3 . . . Mr. Ghovaee verbally requested to amend the application to also permit construction of a swimming pool, eight feet from the seawall, where a setback of 18 feet is required. It was stated that good engineering standards could dictate the location of a swimming pool if modification to each affected dead man is permitted. Mr. Garriott said reconstruction of the seawall with a new tie back system would allow the safe installation of a swimming pool closer to the seawall. In response to a concern, Mr. Ghovaee said Code limits the height of swimming pool decks to one foot above seawalls. He said the structural engineer will redesign each deadman to prevent conflicts with the swimming pool and structural columns. The importance of retaining deadman access was reiterated as they corrode over time. Member Shah moved to approve a variance to permit construction of four structural columns 12 feet from the seawall, where 18 feet is required, and a variance to permit construction of a swimming pool eight feet from the seawall, where 18 feet is required, for property at 657-663 Bay Esplanade, with provisions that access to the tie-back system be retained, that reconstruction of the seawall be properly engineered by a structural engineer, that information on engineering modifications to the seawall be provided to the City, and that all Code requirements be met. The motion was duly seconded and carried unanimously. 4) Case #BAA 05-09 -706 Bavwav Boulevard. Owner - Warner Hospitality. 706 Bavwav Boulevard. Clearwater. FL 33767. Representative- Housh Ghovaee. Northside Enaineerina Services Inc.. 601 Cleveland Street. Clearwater. FL 33755. Reauest: Variance to build within the 18-foot setback for seawalls. Located Bel Crest Condo Unit 1 throuah 17. Parcel #17-29-15-06286-000-001010170 Representative Housh Ghovaee requested that this item be withdrawn. 5) Case #BAA 05-10 - 300 Coronado Drive. Owner - Cristal Beach Capital. LLC. 101 E. Kennedv Blvd.. Tampa. FL 33602. Reauest: Variance to install trash compactor in AE zone. Also to be able to flood proof 1.300 sauare-feet of buildina in the AE zone. Located L1ovd- White-Skinner sub lots 105 & 106 & n'lv Y:z of lot 107. Parcel #07-29-15-52380-0000-1050 Christopher Bastas, representative, said the request is to install in the flood zone the trash compactor for a large beach hotel project. He withdrew the request to flood proof part of the building as the Fire Chief had approved a second floor location for the fire command center. In response to a question, Mr. Bastas reviewed FEMA (Federal Emergency Management Authority) regulations, which limits construction on a multi-zoned property to the most restrictive zone's regulations. A portion of the building will be in the VE zone. He reported the BFE (Base Flood Elevation) is approximately five feet. In response to a question, Mr. Bastas said the hotel's footprint covers the entire site. The compactor will be located in the AE zone. Discussion ensued regarding trash compactor mechanisms and it was determined that a trash compactor's hydraulic operation is powered by electrical lines, which could extend to equipment located on the second floor, above the flood zone. It was stated that the design of trash compactors is similar to elevator equipment, with each containing a steel box, hydraulic pistons, and gears. Mr. Bastas said it would be impractical to require a garbage truck to access the building's second floor. Mr. Garriott reported FEMA regulations only permit storage below the BFE and specifically permit elevators below BFE, while making no mention of trash compactors. In response to a question, Mr. Bastas said, based on Hyatt corporate direction, the building will not feature trash chutes, due to fire concerns. Housekeeping staff will move trash Building - Flood Control 2005-07-13 4 . . . downstairs, via service elevators. It was reported that trash compactors are bolted to heavy slabs. It was stated the requested use is reasonable and disapproval would create hardship. Member Walker moved to approve a variance to install a trash compactor in the AE zone, below the required Base Flood Elevation, for property at 300 Coronado Drive, with provisions that all related electrical lines and equipment be located above the Base Flood Elevation. The motion was duly seconded and carried unanimously. Adjournment l The meeting adjourned at 3: 15 p.m. Ir oard oTAdjustment & Appeal on Building/Flood Control ~ )110lb oard Reporter Building - Flood Control 2005-07-13 5