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02/08/2006 . . . BOARD OF ADJUSTMENT AND APPEAL ON BUilDING/FLOOD CONTROL MEETING MINUTES CITY OF CLEARWATER February 8, 2006 Present: John H. Logan, Jr. Edward H. Walker, Jr. Gary Richter Chair Board Member Board Member Absent: Pankaj Shah Arthur Shand Board Member 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: The minutes of the regular meeting of January 11, 2006, as submitted in written summation to each board member, were approved by unanimous consent. B - Continued Reauests: 1) Case #BAA05-12 - 660 Harbor Island. Owner - Edward J. Marchiselli Jr.. 660 Harbor Island. Clearwater 33767. Reauest: Owner wants clarification of Sections 2.2 & 5.8 of the ANSI/NSPI-5 1995 Pool Code. Located at Island Estates Of Clearwater. Units 60. 7 A. 7C Unit 7C Lot 89. Parcel 05-29-15-42456-073-0890. Property owner Edward Marchiselli said his pool company had informed him that his recent pool installation, which features a waterfall, had received citations from the City. He questioned the City's interpretation of the pool code as he said the waterfall's protrusion of 11 inches and less over the swimming area would not cause entrapment or entanglement. He submitted photographs of the pool and waterfall feature. He said the City had said compliance required that he move or cut the rocks five inches so that people would not hit their heads on the overhang. He said the request required a reduction to the size the overhang by an arbitrary number of inches. He said the waterfall is a commercial product, manufactured with "rocks" that fit together. He said the work would require the pool to be drained and scaffolding to be installed, and the edge of the "rocks" to be cut off. He said moving the entire unit back would affect the outside edge of the pool deck. He said the overhang does not constitute an abrasion or cutting hazard. He said it is the inspector's personal opinion that people could bump their heads on the overhang, at the deep end of the 6-foot deep pool. Building - Flood Control 2006-02-08 1 . . . Building Official Kevin Garriott said staff's opinion is based on the intent of Code language, that the overhang poses a safety hazard. The waterfall was not part of the plans submitted for permitting, and was first seen by staff at final inspection. Instead of moving the feature, he suggested a protective device, such as foam, could be installed under the overhang to soften its flat surface. Mr. Marchiselli estimated the distance between the water's surface and bottom of the feature is approximately one foot. Mr. Garriott said swimmers could push off from the bottom of the pool and bump their heads on the overhang. Mr. Marchiselli said pool features stop people from diving into the pool, which is not a diving pool. He said the pool company had told him that similar waterfalls they had installed in Clearwater and the County had passed inspection. Discussion ensued regarding the materials used to construct the overhang. In response to a question, Mr. Marchiselli said the pool company had indicated that it could not install padding on the underside of the overhang that would meet City approval. He said it is enjoyable to be under the overhang, behind the waterfall. Mr. Marchiselli referenced a citation for lack of required handholds. Assistant City Attorney Leslie Dougall-Sides indicated that citation was not part of the application for this hearing and could not be addressed today. Discussion ensued with a recommendation that the waterfall feature could be raised. Mr. Marchiselli offered to install a no diving sign and hazard sign by the waterfall. It was suggested that sufficient padding could be attached to the underside of the overhang with epoxy or glue, so that it would be unnecessary to use clips, which would pose a safety hazard. It was felt that a one-half inch pad would be sufficient to soften the blow if anyone hit his or her head, although it was felt that such an incident never would occur. Member Walker moved to provide relief to the staff's interpretation of the Code by requiring modification of the swimming pool's waterfall feature by the installation of adequate padding, as approved by the City, on the underside of the waterfall feature's overhang at 660 Harbor Island. The motion was duly seconded and carried unanimously. C - New Reauest: 1) Case #BAA06-02 - 801 Howard Street. Owner - Trust NO 801. C/O Lance Reilmann Tre. 801 Howard Street. Clearwater 33756. Representative - Sal Maaaie. 2227 Donete Place. Belleair Beach. FL 33786. Reauest: Time extension to obtain bids to repair. Located at Belmont sub 2nd add Blk J. Lots 1 and 2 Less E 5f! of Lot 2. Parcel 22-29-15-07938-010-0010. Representative Sal Maggie said he has received quotes to repair the structure and to raze it. He said repairing the structure may not be feasible due to extensive termite damage. He requested a 30-day extension to obtain necessary permits. Building Construction Inspector Bill Wright said that Mr. Maggie had worked diligently since being cited on December 1, 2005. Mr. Wright submitted photographs of the property at 801 Howard Street taken on December 1, 2005, that showed the stop work order and notice of unsafe building, missing windows and siding, termite damage, a jack supporting the floor, debris, misfitting joints, exposed wires, etc. Building - Flood Control 2006-02-08 2 . . . Member Richter moved to approve a 30-day extension to obtain permits, until March 10, 2006, necessary to improve the structure at 801 Howard Street to meet Section 47.161 City Code of Ordinances regarding unsafe buildings with a provision that the City can take action, as permitted by Code, should deadlines expire. The motion was duly seconded and carried unanimously. 2) Case #BM06-03 - 1637 Gulf-ta-Bav Boulevard. Owner - D Loulouraas Properties Three, 1700 Sunshine Drive, Clearwater 33765. Representative - Demetre or Penelope Loulouraas, 232 Howard Drive, Belleair Beach. FL 33786. Reauest: Time extension to decide to rehab or demolish propertv. Located at Lonaview Sub. Lot 25. Parcel 14/29-15-52938-000-0250. Demetre Loulourgas, representative, said if he cannot purchase the property next door, he will rehab the subject structure. He requested an extension to December 2006, so that he can firm his plans. He said homeless individuals had broken into the structure, but it now was better secured. Mr. Wright presented photographs of the property at 1637 Gulf-to-Bay Boulevard, taken on December 7,2005, showing that the building is boarded up, trash in the yard, missing electric meters, exposed wires, the notice of unsafe building, deteriorating fascia, broken windows, deteriorating wooden walkway, installation fallen from the caved in ceiling, etc. He said the stating the building been in a similar condition for approximately three years, but now the windows are boarded inside and out, a condition permitted by Code for a maximum of 30 days. The City did not require the repair of the boarded windows before today as Mr. Loulourgas was scheduled to appear before this board. Mr. Wright said while the rear windows could remain boarded, glass must be installed in the front windows to avoid safety hazards. He recommended the structure be repaired or razed, as it is located on a main entryway into the City. Mr. Loulourgas requested an extension to December 2006 to present drawings. He said if he Can purchase the property next door, he will raze the structure and construct an office building on the double lot. In response to questions, Mr. Wright said he first cited this property on December 7, 2005, after observing the building deteriorate during the previous three years. Mr. Loulourgas said he was willing to improve the building's appearance, but needed months before he could present a plan. Discussion ensued regarding time frames for compliance, with comments that the site needs to be repaired or demolished, as the building is unsightly and is located on a main City road. Mr. Loulourgas requested 90 days to comply. In response to a question, he said he has owned the property for three years but never occupied the structure. Mr. Loulourgas said his plans for the property are tied to his daughter's possible decision to restart her medical practice, and his desire to construct her a building. He said he had secured the structure and cut the grass. He said he will have a plan for the property within 90 days. Building Official Kevin Garriott said the building was cited two months ago after the Police removed kids from the site. Building - Flood Control 2006-02-08 3 . . . Member Walker moved to approve a 60-day extension to obtain permits, until April 9, 2006, and for repairs to be completed, or for the structure to be razed within 120 days, by July 8,2006, at 1637 Gulf-to-Bay Boulevard, to meet Section 47.161 City Code of Ordinances regarding unsafe buildings, with a provision that the City can take action, as permitted by Code, should deadlines expire. The motion was duly seconded and carried unanimously. Adiournment The meeting adjourned at 2:55 p.m. ~~~~ hair Board of Adjustment & Appeal of Building/Flood Control ~ ~~ oard Reporter Building - Flood Control 2006-02-08 4