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05/05/2015 BUILDING/FLOOD BOARD OF ADJUSTMENT AND APPEALS MEETING MINUTES CITY OF CLEARWATER May 5, 2015 Present: Chair Pankaj Shah, Board Member Steven L. Klar, Board Member Earle Cooper, Board Member Julie A. Daniels, Acting Board Member Gale Pollack Absent: Vice Chair Gary R. Richter Also Present: Jay Daigneault -Attorney for the Board, Matt Smith -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. 2 — Election of Officers Member Daniels moved to reappoint PJ Shah as Chair. The motion was duly seconded and carried unanimously. Member Daniels moved to reappoint Gary Richter as Vice Chair. The motion was duly seconded and carried unanimously. 3 —Approval of Minutes 3.1. Approve the minutes of the November 4, 2014 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. 4—Citizens to be Heard re Items Not on the Agenda: None. 5—Continued Requests: None 6 — New Request: Variance 6.1. Case: BAA2015-030001 — 704 Eldorado Avenue Legal Description: Mandalay Sub Blk 2, Lot 1 and that part of vac Eldorado Ave. desc as beg SE Cor of Lot 1 th E 24.4. ft. th N 70.16 ft. th W 25 ft. to NE Cor of Lot 1 th S to POB Appellant Name: Lawrence Seigel Agent Name: Gerhard Boerner Description for Request: eliminate setback requirement from seawall Basis for Request: to allow construction of deck approved by Planning and Zoning Department See Exhibits: Staff Report BAA2015-030001 2015-05-05 2015-05-05 (Application) Building - Flood 2015-05-05 1 Building Official Kevin Garriott reviewed the Staff Report. The proposed deck will be approximately 6 feet from the seawall and adhere to visibility triangles required by Code. Discussion ensued regarding north Clearwater Beach, its sand dunes, seawall along the Gulf of Mexico, and the board's desire to issue a blanket approval of setback variances for Gulf side seawalls. Mr. Garriott said the seawall and CCCL (Coastal Construction Control Line) along north Clearwater Beach are not identical; the seawall was constructed before the CCCL was computed. Attorney for the Board Jay Daigneault said the City or an individual would have to submit an application for a blanket variance before the board could consider it. In response to a suggestion that the applicant should be present today, Attorney Daigneault said no criteria compel their presence. It was recommended that the board move forward with today's approval. Member Klar moved that the subject seawall at 704 Eldorado Avenue does not function as a seawall and is not subject to Code requirements for a seawall based on findings of fact, i.e. evidence and testimony presented in the application, the Staff Report and at today's hearing. The motion was duly seconded and carried unanimously. 7 — Director /Building Official Comments In response to a question, Attorney Daigneault said a Code amendment would be necessary to modify setback requirements for the subject seawall. Mr. Garriott said the Engineering Department will try to locate the north and south ends of the north Clearwater Beach seawall; he will report the findings to the board. 8 - Adjourn The meeting adjourned at 2:31 p.m. Chair Building /Flood Board of Adjustment & Appeals Building - Flood 2015 -05 -05 2 EXHIBIT: STAFF REPORT BAA2015-05001 2015-05-05 CITY OF CLEARWATER PLANNING AND DEVELOPMENT DEPARTMENT STAFF REPORT Meeting Date: May 5, 2015 Case Number: BAA2015-05001 Agenda Item: 6.1 Owner/Appellant Mr. Lawrence Seigel - Represented by Gerhard Boerner Address: 704 Eldorado Avenue, Clearwater, Florida REQUEST: ELIMINATE THE SETBACK REQUIREMENT FROM THE SEAWALL THEREFORE ALLOWING THE CONSTRUCTION OF A DECK WHICH HAS BEEN APPROVED BY THE PLANNING AND ZONING DEPARTMENT. BACKGROUND/ANALYSIS - The reinforced concrete structure is mostly buried in the sand. - The structure has many feet of beach between the structure and nearest water of the Gulf of Mexico - Building code has an 18-foot no construction zone on the landward side of a seawall. FINDINGS OF FACT 1. The structure does not function as a seawall. 2. The structure does not function as a retaining wall. 3. The structure does not have any function CONCLUSIONS OF LAW 1. The structure is not functioning as a seawall therefore there is no setback. 2. The Board has the authority to interpret this structure as something other than a seawall. RECOMMENDATION TO THE BOARD Declare that the structure is not functioning as a seawall and as such is not subject to the code requirements of seawall.