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09/13/2006 BUILDING/FLOOD BOARD OF ADJUSTMENT AND APPEALS MEETING MINUTES CITY OF CLEARWATER September 13, 2006 Present: John H. Logan, Jr. Chair Edward H. Walker, Jr. Board Member Pankaj Shah Board Member Gary Richter Board Member Arthur Shand Board Member – arrived 2:43 p.m. Also Present: Leslie Dougall-Sides Assistant City Attorney Kevin Garriott Building Official Bill Wright Building Construction Inspector Brenda Moses Board Reporter The Chair called the meeting to order at 2:04 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 – April 12, 2006: Member Shah moved to approve the minutes of the regular meeting of April 12, 2006, as motion submitted in written summation to each board member. The was duly seconded and carried unanimously. B – Continued Requests - None. C – New Request: 1) Case #BAA 06-07 – 1010 Eldorado Avenue. Owner – Kevin Phillips, 1010 Eldorado Avenue, Clearwater, FL 33767. Representative: Jeff Knight, Curtis Pools, 150 Commerce Drive North, Largo, FL 33770. Request: Install pool within the 18-foot setback on the west side of seawall, entire pool west of seawall. Location: Mandalay Sub Blk 69, Lot 9 and land fronting the gulf and R I P rights. Parcel # 05-29-15-54666-069-0090. Steven Williamson, representative, said the applicant requests a Code variance for an 18-foot setback from the seawall to install a swimming pool west of the seawall. He said when the lot was platted, the seawall was constructed at the mean high water line. Since then, he said the beach has expanded, making the seawall obsolete. He reviewed nearby homes that have swimming pools or patios constructed close to the seawall. Mr. Williamson said the BAABF (Board of Adjustment & Appeal on Building/Flood Control) previously approved similar requests. He said in 1994, BAABF granted a variance to this property owner to construct a habitable structure west of the seawall. Building Construction Inspector Bill Wright provided a PowerPoint presentation. Photographs, taken on September 12, 2006, showed the house, deck, and seawall location. Building Official Kevin Garriott referenced a diagram of the CCCL (Coastal Construction Control Line) and its relation to the seawall and proposed swimming pool. Building - Flood Control 2006-09-13 1 Reuben Clarson, Reuben Clarson Consulting, Inc., said both sides of the seawall are at the same elevation. In response to a question, he said the swimming pool would be at grade, west of the seawall. Five persons spoke in opposition to the request. In response to a question, Building Official Kevin Garriott said staff does not object to the request. It was noted that the Code provides property owners the right to request variances. Property owner Lana Phillips said she was not asking for anything that did not already exist on Clearwater beach. She said she planned to own this, her dream home, for her lifetime. She wanted the opportunity to enjoy her home and to construct a small swimming pool that blends in with the landscaping, does not impede on views, nor detract from the neighborhood. Mr. Garriott quoted Florida Building Code, Chapter 3109.6.3 that “No construction shall be permitted within 18 feet of existing or new seawalls, or the seawall line unless designed by a design professional in order to allow adequate tiebacks and tieback maintenance and filter systems. All new seawalls shall have a filter system.” Assistant City Attorney Leslie Dougall-Sides said a City procedure permits applicants to request a variance if specific criteria is met. In response to a question, Mr. Williamson said the property owner’s property extends to the gulf. Mr. Garriott said some neighbor concerns are beyond this board’s scope and suggested that neighbors discuss their concerns with the Planning Director. Member Shah moved to approve the applicant’s request to install a swimming pool within the 18-foot setback on the west side of seawall; the entire swimming pool west of seawall for 1010 Eldorado Avenue, with the condition that the City Building Department is satisfied motion regarding safety issues and access to and the structural integrity of the seawall. The carried was duly seconded and unanimously. Building - Flood Control 2006-09-13 2 2) Case #BAA06-08 – 622 Belleview Boulevard. Owner: Cheney A. Shapiro, 306 N. Lincoln Avenue, Clearwater, FL 33755. Representative: Trina Sears, 306 N. Lincoln Avenue, Clearwater, FL 33755. Request: Extension of Time. Located at Belleview Court, Blk D, Lot 13 & 14. Parcel # 21-29-15-07362-004-0140. Trina Sears, representative, said that six hours after the house caught fire, she received a letter from the City requesting that she refurbish or raze her house within one week. She said she was at the mercy of the Police Department, Fire Marshall, and insurance company. She said she was unable to remove any fire debris until all parties had completed their investigations. Mr. Wright presented a PowerPoint presentation showing photographs of the house taken September 12, 2006, showing trash and debris in the yard. Neighbors have complained that the grass has not been cut. Ms. Sears said while trying to determine the fire’s cause, investigators had removed debris from the house and dumped it in the yard. She said she was told not to touch the debris nor perform plumbing or other repairs. She said she had the house moved to this location prior to the fire. She said a structural engineer would look at the building after she received permission from the Fire Department, OSHA (Occupational Safety and Health Administration), and the insurance company to begin repairs. Mr. Wright said OSHA is involved with the investigation as a second-floor bathtub had fallen through the floor with a firefighter while he was distinguishing the fire. He said electrical panels on the exterior of the house were removed, and the bathtub was outside in the debris. Ms. Sears said outside debris is not related to construction efforts. Mr. Wright said a sink also was outside the house. He said Police and Fire personnel would not have removed those items from the house. He reported the main breaker box had been burnt to the core. In response to a question regarding the source of the fire, Ms. Sears said investigators have indicated there were two fires; one started in the electrical box. She said she was awaiting a response from the insurance company. It was remarked that staff could not have notified Ms. Sears of violations within six hours of the fire, as it takes at least a few days to prepare and mail notices of violation. Discussion ensued regarding the time necessary to remove debris and begin repairs. Mr. Wright said the property was secured. Ms. Sears said the home is listed in the historic register and restoration guidelines must be followed. Mr. Garriott said staff could check with the Fire and Police departments to ensure that no obstacles would prevent Ms. Sears from moving forward with repairs and debris removal. Ms. Sears said she had spent a considerable amount of money to relocate the house. She planned to restore its historical significance. Building - Flood Control 2006-09-13 3 Member Richter moved to grant a 45-day extension to the property owner of 622 Belleview Boulevard to report to Building Construction Inspector Bill Wright with details of a course of action to repair the property for his review and suggestions/requirements, with conditions that the property remain secured, the exterior property be cleared of debris, the yard be maintained in a safe and orderly fashion, and that trenches be backfilled. The motion was duly seconded and carried unanimously. Ms. Sears requested that she be provided copies of all future mailings related to the property, as her daughter co-owns the property and may not share mail with her. Adiournment The meeting adjourned at 3:08 p.m. ~ Cti Ir, Board of Adjustment Building/Flood Control Building - Flood Control 2006-09-13 4