08/04/2015 BUILDING/FLOOD BOARD OF ADJUSTMENT AND APPEALS MEETING MINUTES
CITY OF CLEARWATER
August 4, 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: Randy Mora —Attorney for the Board, Laura Mahony—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.
3 —Approval of Minutes
3.1. Approve the minutes of the July 7, 2015 Building/Flood Board of Adjustment and
Appeals meeting as submitted in written summation.
Member Cooper moved to approve the minutes of the July 7, 2015 Building/Flood Board of
Adjustment and Appeals meeting as submitted in written summation. The motion was duly
seconded and carried unanimously.
4—Citizens to be Heard re Items Not on the Agenda: None.
5—Continued Requests: VARIANCE
5.1. CASE: BAA2015-05004, 832 ELDORADO AVENUE
LEGAL DESCRIPTION: MANDALAY SUB BLK 6, LOT 1 & RIP RTS
APPLICANT NAME: KEITH ALLMAN, PROPERTY OWNER
AGENT NAME: N/A
DESCRIPTION OF REQUEST: CONSIDER EXISTING SEAWALL AS NOW
FUNCTIONING TO ELIMINATE 18-FOOT SETBACK REQUIREMENT
BASIS FOR REQUEST-200 FEET OF SAND/EARTH IN FRONT OF SEAWALL;
SEAWALL IS 99% BURIED
See Staff Report BAA2015-05004 2015-08-04
No one was present to represent the Applicant.
Building Official Kevin Garriott said the property owner wanted to construct a swimming pool
within the seawall's 18-foot setback. The City had no objection to the request which will not
change the property line. The City received a letter of objection.
Resident Kathy Boos said when her house was constructed in 2002, the contractor told her the
seawall could not be breached. She opposed the seawall being breached due to concerns re
the safety of her property during storms.
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Mr. Garriott said the applicant did not propose any changes to the seawall. He knew of no
adverse effects following board approvals of the same request for similar properties. The dead
men often were buried deep in the sand. Assistant City Attorney Laura Mahony said area
properties were platted in 1925.
Discussion ensued with comments that the request would not affect use of the beach and the
seawall was 300 feet from the water. It was stated the dead men were useless without water on
one side; sand now supported the seawall. It was estimated the seawall was constructed in the
1930s and the steel dead men retained minimal structural integrity. Concern was expressed that
sand dunes not be affected. It was stated the City was responsible for properly reviewing/
approving building permit applications and adding a condition of approval was opposed as none
of the board's previous approvals of similar requests included conditions.
Member Cooper moved to find that the subject seawall at 832 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.
6 — New Requests: None.
7 — Director/Building Official Comments
Attorney Mahony said the City did not have standing to apply for a broad based variance
covering the entire seawall on north Clearwater Beach; every property owner abutting the
seawall would be required to support and participate in an application.
In response to a question, Mr. Garriott said one property owner received a permit to remove part
of the seawall but he did not know if the entire seawall was removed. Most property owners left
the seawall in place.
8 —Adjourn
The meeting adjourned at 2:33 p.m.
Chair
Building/Flood Board of Adjustment &Appeals
Attest:
Board Reporter
Building — Flood 2015-08-04 2
Mr. Garriott said the applicant did not propose any changes to the seawall. He knew of no
adverse effects following board approvals of the same request for similar properties. The dead
men often were buried deep in the sand. Assistant City Attorney Laura Mahony said area
properties were platted in 1925.
Discussion ensued with comments that the request would not affect use of the beach and the
seawall was 300 feet from the water. It was stated the dead men were useless without water on
one side; sand now supported the seawall. It was estimated the seawall was constructed in the
1930s and the steel dead men retained minimal structural integrity. Concern was expressed that
sand dunes not be affected. It was stated the City was responsible for properly reviewing/
approving building permit applications and adding a condition of approval was opposed as none
of the board's previous approvals of similar requests included conditions.
Member Cooper moved to find that the subject seawall at 832 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.
6 — New Requests: None.
7 — Director /Building Official Comments
Attorney Mahony said the City did not have standing to apply for a broad based variance
covering the entire seawall on north Clearwater Beach; every property owner abutting the
seawall would be required to support and participate in an application.
In response to a question, Mr. Garriott said one property owner received a permit to remove part
of the seawall but he did not know if the entire seawall was removed. Most property owners left
the seawall in place.
8 — Adjourn
The meeting adjourned at 2:33 p.m.
el4LJI›-
Chair
Building /Flood Board of Adjustment & Appeals
Building — Flood 2015 -08 -04 2