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12/03/2013 BUILDING/FLOOD BOARD OF ADJUSTMENT AND APPEALS MEETING MINUTES CITY OF CLEARWATER December 3, 2013 Present: Pankaj Shah Chair Gary R. Richter Vice-Chair Steven L. Klar Board Member Earle Cooper Board Member Julie A. Daniels Board Member Gale Pollack Alternate/Acting Board Member Also Present: Jay Daigneault Attorney for the Board Leslie Dougall-Sides Assistant City Attorney Kevin Garriott Building Official Patricia O. Sullivan Board Reporter The Chair called the meeting to order at 2:00 p.m. at City Hall. To provide continuity for research, items are in agenda order although not necessarily discussed in that order. 4 -Approval of Minutes — November 5, 2013 Member Cooper moved to approve the minutes of the regular Building/Flood Board of Adjustment and Appeals meeting of November 5, 2013, as submitted in written summation to each board member. The motion was duly seconded and carried unanimously. Alternate Member Pollack did not vote. 5—Citizens to be Heard re Items Not on the Agenda: None 6 —Continued Requests: 6.1. Case: BAA2013-09003 - 1076 Eldorado Avenue - Cont'd from 11/5/13 Legal Description: Mandalay Sub Blk 70, Lot 7 and RIP Rts. (lying S32-28-15) Appellant Name: Thomas & Allison Novak Agent Name: Katherine E. Cole, Esq., Hill Ward Henderson Description for Request: Waiver of Building Code requirement for 18-foot setback from seawall. Basis for Request: Seawall is non-functioning and is several hundred feet from the water. Ground is same elevation from both sides. Structures do not depend on seawall for protection. See Exhibit: Staff Report BAA2013-09003 2013-12-03 Attorney Katie Cole, representing the Appellants, requested the Board waive the Building Code requirement for an18-foot setback from the seawall as the seawall is approximately 400 feet from the mean high water line and has not acted as a seawall for years. She said the application, and thus the Staff Report, are incorrect on one point, i.e. the grade change at the seawall is approximately two feet. The seawall cap is visible from the landside. Building - Flood 2013-12-03 1 Attorney Cole said the request affected two abutting properties owned by the Appellants. Once the request is approved, the Appellants will move forward with architectural plans. The CCCL (Coastal Construction Control Line) is more than 30 feet west of the seawall. The property owners intend to removed the seawall and construct a swimming pool. In response to a question, Building Official Kevin Garriott said after a seawall has been determined to be nonfunctioning, the City considers it to be a piece of concrete in the sand. Member Cooper moved that with regard to the request for a Variance from Flood Insurance Regulation in Case BAA2013-09003, to find action on the request to be within the Board's authority and to grant the request to declare the seawall inactive based on the evidence and testimony presented in the application, the Staff Report and at today's hearing, and after due consideration of criteria set forth in Code of Ordinances Section 47.035(2). The motion was duly seconded and carried unanimously. Alternate Member Pollack did not vote. 7 — New Request: Variance 7.1. Case: BAA2013-11005, 401 Cleveland Street Legal Description: Davey's, John R. Resub Blk B, W'/2 of Lot 7, together with pt vac 17ft alley ado on S per O.R. 17754 pg. 1270 & O.R. 17757 pg. 257 Appellant Name: City of Clearwater Agents Names: Kevin Dunbar & Felicia Leonard Description for Request: 1) exterior balcony; 2) canopy marquee, FBC 3202.3.1; and 3) toilet stall depth, FBR 405.31. See Exhibit: Staff Report BAA2013-11005 2013-12-03 Member Richter declared a conflict of interest. Member Cooper announced he is a life member of Ruth Eckerd Hall. Member Klar announced he is the architect for another Ruth Eckerd Hall project. Attorney for the Board Jay Daigneault opined that Members Cooper and Klar do not have a conflict of interest for this case. Administrative Support Manager Felicia Leonard reviewed the 3-part request as outlined in the Staff Report: 1) bathroom stall sizes; 2) canopy height over sidewalk; and 3) canopy extension into right-of-way. The remodeled facility will have 28 bathroom stalls; 11 are required. Twenty of the bathroom stalls meet depth requirements. The 8 women stalls that do not meet depth requirements have sufficient space between the commode and door. The existing theater, building configurations, and necessary passage ways constrained the design. Mr. Garriott said rehab construction to expand the theater is underway; all permits have been issued. Staff has no objections to the requests, which are reasonable for a historic building. All accessibility requirements are met. Ms. Leonard said the City Engineer inspected the balcony, which extends over less than two-thirds of the sidewalk's width, except where the sidewalk narrows for parking spaces, and determined the balcony does not adversely affect or alter use of the right-of-way and its height Building - Flood 2013-12-03 2 above the right -of -way is sufficient; second floor elevation dictated balcony location. The balcony's corner is angled to avoid conflict with trucks that roll over the sidewalk when turning onto Cleveland Street. The City Engineer has no objection to the requests involving the right -of- way. Project Architect Steve Fowler reviewed the design and ADA (Americans with Disabilities Act) requirements; the building has more than twice as many ADA compliant bathrooms as required. Member Klar said with regard to the request for a Variance from the Standard Technical Codes in Case BAA2013- 11005, he moved to find action on the request to be within the Board's authority, that criteria set forth in Code of Ordinances Section 47.035(2) are met, and to grant the request to allow 1) exterior balcony height to have less than 15 -foot clearance above public sidewalk; 2) exterior balcony to cover more than 2/3 width of public sidewalk, and 3) non ADA accessible toilet stalls to be less than 60 inches in length due to existing bearing walls and foundations, based on evidence and testimony presented in the application, the Staff Report and at today's hearing. The motion was duly seconded. Members Klar, Cooper, and Daniels, Chair Shah, and Acting Member Pollack voted "Aye." Member Richter abstained. The motion carried unanimously. 8 — Director /Building Official Items Mr. Garriott said he continues to investigate the board's ability to grant a blanket variance to setback requirements for the gulf front seawall and hoped to bring forward information to the board's next meeting. In response to a question, Assistant City Attorney Leslie Dougall -Sides provided an update on a case related to an Island Estates home. The Stop Work order is active. The City would issue permits if Code - compliant drawings are submitted. 9 - Adjourn Attest: x.e.A.,-A.f,_____ oard Reporter The meeting adjourned at 2:33 p.m. Chair Building /Flood Board of Adjustment & Appeals Building - Flood 2013 -12 -03 3 FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS LAST NAME -FIRST NAME - MIDDLE NAME ''C /C /�7 /L (2,4 2 y k /CN'Te 2 /J NAME OF BOARD, COUNCIL, COMMISSION, AUTHORITY, OR COMMITTEE LA /1 4QI,,44, c1'rrik•J ii4PPcfi -OAJ At-d4 Jr [ AJ sie L_ i MAILING ADDRES _ �� SO �^,r yd �' C/L ~ THE BOARD, COUNCIL, COMMISSION, AUTHORITY OR COMMITTEE ON WHICH I SERVE IS A UNIT OF: CITY III COUNTY III OTHER LOCAL AGENCY CITY � NAME OF POLITICAL SUBDIVISION: DATE ON WHICH VOTE OCCURRED /c>1 /2 //d MY POSITION IS: • �'y1 ELECTIVE 131 APPOINTIVE WHO MUST FILE FORM 8B This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council, commission, authority, or committee. It applies equally to members of advisory and non - advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his or her special private gain or loss. Each elected or appointed local officer also is prohibited from knowingly voting on a mea- sure which inures to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (including the parent organization or subsidiary of a corporate principal by which he or she is retained); to the special private gain or loss of a relative; or to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or 163.357, F.S., and officers of independent special tax districts elected on a one -acre, one -vote basis are not prohibited from voting in that capacity. For purposes of this law, a "relative" includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father -in -law, mother -in -law, son -in -law, and daughter -in -law. A "business associate" means any person or entity engaged in or carrying on a business enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation are not listed on any national or regional stock exchange). ELECTED OFFICERS: In addition to abstaining from voting in the.situations described above, you must disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the min- utes of the meeting, who should incorporate the form in the minutes. APPOINTED OFFICERS: Although you must abstain from voting in the situations described above, you otherwise may participate in these matters. However, you must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made by you or at your direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: • You must complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who will incorporate the form in the minutes. (Continued on other side) APPOINTED OFFICERS (continued) • A copy of the form must be provided immediately to the other members of the agency. • The form must be read publicly at the next meeting after the form is filed. IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: You must disclose orally the nature of your conflict in the measure before participating. • You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the meeting, who must incorporate the form in the minutes. A copy of the form must be provided immediately to the other members of the agency, and the form must be read publicly at the next meeting after the form is filed. DISCLOSURE OF LOCAL OFFICER'S INTEREST , hereby disclose that on / Z /® (a) A measure came or will come before my agency which (check one) ❑ inured to my special private gain or loss; , 20 /3 : inured to the special gain or loss of my business associate inured to the special gain or loss of my relative inured to the special gain or loss of , by whom I am retained; or inured to the special gain or loss of , which is the parent organization or subsidiary of a principal which has retained me. (b) The measure before my agency and the nature of my conflicting interest in the measure is as follows: FAiPLdyg gy' C,041177 ✓ eAcid2S c CAJ TT2 Ui io,v N4,u4 /6 L- E `7'7 't%' PUTS ,ee 26 ALL (C7,4-. "ire /NF�7��J /0)/ 2/113. Date Filed NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $10,000. CE FORM 8B - EFF. 1/2000 PAGE 2 EXHIBIT: STAFF REPORT BAA2013-09003 2013-12-03 CITY OF CLEARWATER PLANNING AND DEVELOPMENT DEPARTMENT STAFF REPORT Meeting Date: December 3, 2013 Case Number: BAA2013-09003 Agenda Item: 6.1 Owner/Appellant: Katherine E. Cole,Esq.,Hill Ward Henderson Address: 1076 Eldorado Avenue REQUEST Request the Board to declare the existing buried seawall inactive and nonfunctioning as a seawall and, as such, to approve a zero foot setback where an 18 foot setback is required by Chapter 31 of the Florida Building Code. BACKGROUND/ANALYSIS • The existing seawall is mostly buried in sand and does not hold back any water • The waterline is about 300+ feet west of the seawall • Ground level is same on either side of this structure FINDINGS OF FACT 1. There is an 18 foot setback from all seawalls according to Florida Building Code Section 3107-Pinellas Gulf Beaches Coastal Construction Code. 2. The wall is not functioning as a seawall. 3. The 18 foot setback would not apply if the structure is not a seawall. CONCLUSIONS OF LAW 1. The seawall is not functioning as a seawall 2. Setbacks from the seawall are within the authority of this Board. RECOMMENDATION TO THE BOARD Approve the request to declare the seawall inactive and allow a zero foot setback. 1 EXHIBIT: STAFF REPORT BAA2013-10005 2013-12-03 Meeting Date: December 3, 2013 Case Number: BAA2013-10005 Agenda Item: 7.1 Owner/Appellant: City of Clearwater, owner Felicia Leonard, agent Address: 401 Cleveland Street REQUEST Request the Board to allow for construction on an existing building to accommodate given conditions: 1. Allow exterior balcony height to be 15 foot clearance above public sidewalk, 2. Allow exterior balcony to cover more than 2/3 the width of the public sidewalk, and 3. Allow non-accessible toilet stalls to be less than 60 inches in length due to existing bearing walls and foundations. BACKGROUND/ANALYSIS • The existing structures that are being renovated are old buildings. 403 was built in 1896. • Structure will be combined into one theater building. • The current architectural renovation plans call for keeping the structures as much as possible—with the exception of 401 —and combine into one building and use. • Adequate provisions are made for the public as well as patrons of the future theater. • The City owns the right-of-way and the theater. FINDINGS OF FACT 1. The exterior balcony will allow for less than 15 feet overhead clearance. The height will be so as to match the interior second floor level. 2. The City Engineer is the designated representative for the owner of the right-of-way. 3. The balcony height is accessible from the second floor. The height will be to match the interior second floor level. 4. The balcony width is designed for accessible use and is less than 2/3 except at parking spaces. 5. To allow for ample passage ways and access throughout this part of the building and given the existing walls and footing systems the toilet stalls in the eastern part of the building do not have 60 inches. There are numerous restroom facilities (handicapped accessible and nonhandicapped) in the structure with excess of code requirement provided. 1 EXHIBIT: STAFF REPORT BAA2013-10005 2013-12-03 CONCLUSIONS OF LAW 1. The 2010 Florida Existing Building Code considers this a Level III renovation. 2. Due to the structural factors and heights of the buildings, the right-of-way keeping them historically correct deviates from 2010 Florida Building Code. 3. The three items presented here are significant amenities that are limited by existing building conditions. 4. The right-of-way is not adversely affected and will not have an altered use. 5. The City Engineer has no objection. RECOMMENDATION TO THE BOARD Approve the request for all three items. 2 EXHIBIT: STAFF REPORT BAA2013-09003 2013-12-03 CITY OF CLEARWATER PLANNING AND DEVELOPMENT DEPARTMENT STAFF REPORT Meeting Date: December 3, 2013 Case Number: BAA2013-09003 Agenda Item: 6.1 Owner/Appellant: Katherine E. Cole,Esq.,Hill Ward Henderson Address: 1076 Eldorado Avenue REQUEST Request the Board to declare the existing buried seawall inactive and nonfunctioning as a seawall and, as such, to approve a zero foot setback where an 18 foot setback is required by Chapter 31 of the Florida Building Code. BACKGROUND/ANALYSIS • The existing seawall is mostly buried in sand and does not hold back any water • The waterline is about 300+ feet west of the seawall • Ground level is same on either side of this structure FINDINGS OF FACT 1. There is an 18 foot setback from all seawalls according to Florida Building Code Section 3107-Pinellas Gulf Beaches Coastal Construction Code. 2. The wall is not functioning as a seawall. 3. The 18 foot setback would not apply if the structure is not a seawall. CONCLUSIONS OF LAW 1. The seawall is not functioning as a seawall 2. Setbacks from the seawall are within the authority of this Board. RECOMMENDATION TO THE BOARD Approve the request to declare the seawall inactive and allow a zero foot setback. 1 EXHIBIT: STAFF REPORT BAA2013-10005 2013-12-03 Meeting Date: December 3, 2013 Case Number: BAA2013-10005 Agenda Item: 7.1 Owner/Appellant: City of Clearwater, owner Felicia Leonard, agent Address: 401 Cleveland Street REQUEST Request the Board to allow for construction on an existing building to accommodate given conditions: 1. Allow exterior balcony height to be 15 foot clearance above public sidewalk, 2. Allow exterior balcony to cover more than 2/3 the width of the public sidewalk, and 3. Allow non-accessible toilet stalls to be less than 60 inches in length due to existing bearing walls and foundations. BACKGROUND/ANALYSIS • The existing structures that are being renovated are old buildings. 403 was built in 1896. • Structure will be combined into one theater building. • The current architectural renovation plans call for keeping the structures as much as possible—with the exception of 401 —and combine into one building and use. • Adequate provisions are made for the public as well as patrons of the future theater. • The City owns the right-of-way and the theater. FINDINGS OF FACT 1. The exterior balcony will allow for less than 15 feet overhead clearance. The height will be so as to match the interior second floor level. 2. The City Engineer is the designated representative for the owner of the right-of-way. 3. The balcony height is accessible from the second floor. The height will be to match the interior second floor level. 4. The balcony width is designed for accessible use and is less than 2/3 except at parking spaces. 5. To allow for ample passage ways and access throughout this part of the building and given the existing walls and footing systems the toilet stalls in the eastern part of the building do not have 60 inches. There are numerous restroom facilities (handicapped accessible and nonhandicapped) in the structure with excess of code requirement provided. 1 EXHIBIT: STAFF REPORT BAA2013-10005 2013-12-03 CONCLUSIONS OF LAW 1. The 2010 Florida Existing Building Code considers this a Level III renovation. 2. Due to the structural factors and heights of the buildings, the right-of-way keeping them historically correct deviates from 2010 Florida Building Code. 3. The three items presented here are significant amenities that are limited by existing building conditions. 4. The right-of-way is not adversely affected and will not have an altered use. 5. The City Engineer has no objection. RECOMMENDATION TO THE BOARD Approve the request for all three items. 2