06/07/2016 Building/Flood Board of Adjustment &Appeals Meeting Minutes June 7, 2016
BUILDING/FLOOD BOARD OF ADJUSTMENT AND APPEALS MEETING MINUTES
CITY OF CLEARWATER
Tuesday, June 7, 2016
Roll Call
Present: Chair Pankaj Shah, Board Member Earle Cooper, Board Member Julie A.
Daniels, Board Member Kathryn Helmus, Alternate Board Member Empty Seat
Absent: Vice Chair Steven L. Klar
Also Present: Jay Daigneault—Attorney for the Board, Laura Mahony —Assistant
City Attorney, Kevin Garriott— Building Official, Patricia O. Sullivan
— Board Reporter
2 — Call To Order
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 minutes of May 3, 2016 Building/Flood Board of Adjustment and Appeals
meeting as submitted in written summation.
Member Cooper moved to approve minutes of May 3, 2016 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 — New Request: Variance
5.1. Case: BAA2016-05002, 810 Eldorado Avenue
Legal Description: Mandalay Sub Blk 5, Lot 4 & RIP Rts.
Applicant Name: Elliott Penner
Agent Name: Michael King, Pinnacle Services of Pinellas, Inc.
Request: To declare seawall as non-functioning and build within 18-foot setback
Basis for Request: To extend existing rear balcony.
See Exhibit: Staff Report BAA2016-05002 2016-06-07
Michael King, representing the applicant, said the property owner planned to extend
the rear balcony with two 4-foot by 11-foot sections. He said the sections would: 1)
be no closer to the seawall than the existing balcony, 2) meet Code triangle sight
line restrictions, and 3) meet CCCL (Coastal Construction Control Line) guidelines.
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Building /Flood Board of Adjustment & Appeals Meeting Minutes June 7, 2016
Building Official Kevin Garriott reviewed the Staff Report. An aerial photograph of the
property showed the Gulf was a significant distance from the seawall. The City
supported the request. One letter of objection was received.
In response to questions, Mr. Garriott said the seawall extended from Carlouel to the
parking lot north of the Palm Pavilion with some sections buried. It was reported the
submitted building plans indicated the northwest corner of the proposed balcony
would be 9 feet 6 inches from the seawall. Mr. Garriott said the addition would
provide a 20 -foot view triangle and comply with zoning setbacks and Code.
Member Cooper 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 declare the seawall
non - functional based on 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: None
8 — Adjourn
The meeting adjourned at 2:11p.m.
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Building /Flood Board of Adjustment & Appeals
City of Clearwater Page 2
Building/Flood Board of Adjustment &Appeals Meeting Minutes June 7, 2016
CITY OF CLEARWATER
PLANNING AND DEVELOPMENT DEPARTMENT
STAFF REPORT
Meeting Date: June 7, 2016
Case Number: BAA2016-05002
Agenda Item: # 1
Owner/Appellant: Elliott Penner/Michael King, agent
Address: 810 Eldorado
REQUEST
Waiver of code requirement of the 18' setback from a seawall on a waterfront lot to allow for
construction of a residential balcony.
BACKGROUND/ANALYSIS
• The seawall is mostly buried in sand and does not hold back any water
• The waterline is 300+ feet west of the seawall
FINDINGS OF FACT
1. There is an 18' setback(landward) from all seawalls according to Florida Building Code Section
3107-Pinellas Gulf Beaches Coastal Construction Code.
2. The wall at this address is not functioning as a seawall.
3. The beach has grown larger to the west in front of the wall and now the waterline is about 300 feet
west.
CONCLUSIONS OF LAW
1. The seawall is not functioning as a seawall
2. Setbacks from the seawall are within the authority of this Board.
3. In similar requests the Board has declared the seawall nonfunctioning, eliminating the need for
setback.
RECOMMENDATION TO THE BOARD
Approve the request to declare the seawall inactive allowing for construction of the balcony.
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