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11/04/2014 BUILDING/FLOOD BOARD OF ADJUSTMENT AND APPEALS MEETING MINUTES CITY OF CLEARWATER November 4, 2014 Present: Chair Pankaj Shah, Vice-Chair Gary R. Richter, Board Member Steven L. Klar, Board Member Earle Cooper, Board Member Julie A. Daniels, Alternate Board Member Gale Pollack Also Present: Attorney for the Board - Jay Daigneault, Laura Mahony -Assistant City Attorney, Michael Delk - Planning & Development Director, Dana Root - Plans Examiner, Patricia O. Sullivan - Board Reporter The Chair called the meeting to order at 2:00 p.m. at City Hall. 4—Approval of Minutes 4.1. Approve the minutes of the December 3, 2013 Building/Flood Board of Adjustment and Appeals meeting as submitted in written summation. Member Cooper moved to approve Item 4.1. 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: None 7 — New Request: Appeal to the Building Official's Decision 7.1. Case: BAA2014-09001, 1637 Pine Place Legal Description: Windsor Woods Lot 40 Appellant Name: David Marshall Basis for Request: was given prior approval to build a tree house without a permit. During construction, was issued a Stop Work Order and the tree house was deemed a deck with a structure. See Exhibit: Staff Report BAA2014-09001 2014-11-04 Appellant David Marshall said in response to his 2013 queries, building department staff Dana Root and Scott Kurleman and a former code compliance employee told him the Community Development Code did not address tree houses and a permit was not required. He said after he began building the tree house, he was issued a Stop Work Order. He said Mr. Root then said he had not known the type of structure that was planned. Mr. Marshall said when he requested guidelines and asked what modifications would allow the tree house to remain without a permit, staff provided him a copy of the Florida Building Code and a list of architects and engineers. He said a tree house was a small house for children built in the branches of a tree. He said the City did not have a committee similar to the County to determine if a tree house would be allowed. He said in response to his submitted photos, County staff said the one problem with the tree house was that it had footers. He said the footers could be removed. Mr. Marshall said on August 20, 2014, Planning & Development Director Michael Delk told him staff had given him bad advice. He said he presented Mr. Delk with 3 books on tree houses written by Building - Flood 2014-11-04 1 engineers and architects and requested guidelines and specifications for a tree house. He said in his August 14, 2014 email, Building Official Kevin Garriott said the tree house was an unpermitted deck. He said he contacted almost every building official in the county and was advised that tree houses were allowed under playground guidelines. He said Mo Madani with the Florida Building Commission said tree houses and forts were governed by playground rules and exempt from permitting. He said he spoke with the City's building department 18 times and no one would provide him dimension limitations or specifications for a tree house. He said he tried to do his due diligence and even installed hurricane straps to make the structure safe. Plans Examiner Dana Root presented property photographs taken on June 27, 2014 of 1637 Pine Place which showed a structure in the back yard on an elevated deck with a tree going through it and an enclosed structure on top. He said based on the 2010 Florida Building Code, Mr. Garriott determined the structure needed a permit before construction began. In response to Mr. Garriott's emails, Pinellas County Building Official Goldman said the structure would require building plans and permits after zoning approval. St. Petersburg Building Official Dunn said a permit was required for a playhouse larger than 100 square-feet. Tampa Construction Services Manager Barrios said a permit would be required. Clearwater determined the structure could be permitted after stamped engineer drawings were submitted. Mr. Delk said playground guidelines did not apply to one- or two-story accessory structures. When Mr. Marshall inquired about a tree house, staff responded to a proposal for a normal, temporary tree house in a tree, not a major structure with significant decking and stairs. Staff would have responded differently had Mr. Marshall provided drawings or indicated he planned to build an 8- foot elevated deck with an enclosed structure; the City required a permit for a 2-foot high deck in a back yard. In response to a question, Mr. Delk said he did not know how the structure could be modified to be a tree house. Neither the City nor State Building Code defined "tree house." He said the building was an accessory structure. Staff advised Mr. Marshall what was necessary for him to keep the structure. In response to questions, Mr. Marshall said he had not submitted drawings or photos to the City; he would have submitted a drawing had the City requested one. He said based on staff's responses to his inquiries, he thought his tree house was allowed. He said according to his referenced books, tree houses could be built in one or numerous trees. He said his photos showed tree houses had many different designs. He said he could not find an engineer to sign off on the structure because the tree continued to grow. He said the tree house was bolted to the tree and supported by concrete pillars. He said the tree house was not in the setbacks; the enclosed area was 7 feet by 8 feet, the deck was15 feet by 15 feet, and the roofline height was 15 feet. He said windows were not impact resistant and the Stop Work Order was issued before a door was installed. He said the entire structure was much smaller than Mr. Garriott's estimates in his emails to area building officials. Attorney for the Board Jay Daigneault said the board needed to determine if the City's Building Code required the structure to be permitted. In response to Mr. Marshall's questions, Mr. Delk said there were multiple ways to construct a tree house. The City did not have guidelines for tree houses; he did not provide Mr. Marshall with tree house dimensions. He said St. Petersburg's Code requirements differ from Clearwater's. The City Building - Flood 2014-11-04 2 did not regulate the size of playgrounds. He said the subject structure was an accessory structure, not a playground tree house. The City did not have a committee tasked with reviewing tree houses. Mr. Marshall said he had tried to be cooperative. He said the City did not provide him guidelines, dimensions, or guidance re modifications necessary for the tree house to not require a permit. He said his tree house was attached to a tree and stabilized. He said he was advised that engineer drawings would cost $2,000 which was too expensive for a children's playground. Discussion ensued with comments that tree houses were small, built within a tree, and not permanent structures. It was felt the structure would have to be disassembled to be a tree house. It was stated if the building was next to a house it would be a structure; placing it next to a tree did not make it a tree house. It was noted the large structure was attached to a tree rather than being part of it and the tree was not an integral part of the structure; two pillars could replace the tree. It was commented that Florida Building Code Section 1.02.2.6 referenced swings and playground equipment and the subject structure was not playground equipment. It was commented that Board members were licensed engineers, architects, and contractors who recognized Mr. Marshall's plight. Understanding was expressed regarding communication problems with the City, but it was stated that the building department was not responsible for providing information. It was noted that Mr. Marshall had nothing in writing from the City indicating the structure he built would not require a permit. It was indicated that builders often faced conflicts with building staff and having a permit was not a final approval. It was stated the Building Code was designed to regulate safety and concerns were expressed the structure appeared to have life safety problems that could pose dangers to children beneath it or to nearby homes during strong winds and that the structure had a staircase which must meet Code. It was stated an engineer who signed off on the structure's design would be liable if the structure failed and an injury occurred. It was suggested an engineer might sign off on the structure if it was properly fortified. With regard to the Appeal from the Building Official's decision or interpretation in Case BAA2014- 09001, Member Cooper moved to find action on the request to be within the Board's authority and to deny the appeal and affirm the Building Official's decision or interpretation based on evidence and testimony presented in the application, the Staff Report and at today's hearing, and specifically the following: the building is a structure, not a tree house and hereby issue the Conclusions of Law that the criteria set forth in Code of Ordinances Section 47.035(1) are not met. The motion was duly seconded and carried unanimously. 8 — Director /Building Official Comments: None. 9 - Adjourn The meeting adjourned at 3:03 p.m. Chair Attest:/ Building /Flood Board of Adjustment & Appeals B. and Repo Building - Flood 2014 -11 -04 3 Meeting Date: Case Number: Agenda Item: Owner /Appellant: Address: REOUEST CITY OF CLEARWATER PLANNING AND DEVELOPMENT DEPARTMENT STAFF REPORT November 4, 2014 BAA2014 -09001 #1 Mr. David Marshall 1637 Pine Place, Clearwater, Florida Request the Board to declare the wooden structure in rear yard of this address to be allowed without permits, inspections, and engineering design as required by the Florida Building Code and City Ordinance. fAC KGROI JND /ANALYSIS • The structure was constructed in the rear yard without a permit • ' The structure requires a permit and to be designed by a licensed professional • The structure is approximately 250 square feet in size; approximately 20' tall FINDINGS OF FACT 1. • Structure requires a permit and inspections to meet the Florida Building Code. 2. Surrounding communities also require permits to meet the Florida Building Code — City of Tampa, City of St. Petersburg, and Pinellas County CONCLUSIONS OF LAW 1. A permit is required to construct this structure. 2. Structure is unlawful and must be removed if permit is not obtained. RECOMMENDATION TO THE BOARD Confirm the Building Official's interpretation requiring construction permit, professional design, and inspections for this structure. Meeting Date: November 4, 2014 Case Number: BAA2014 -09001 1