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05/11/2007 - Special Meeting BUILDING/FLOOD BOARD OF ADJUSTMENT & APPEALS SPECIAL MEETING MINUTES CITY OF CLEARWATER May 11, 2007 Present: Edward H. Walker, Jr. Acting Chair Gary Richter Board Member Arthur Shand Board Member Absent: John H. Logan, Jr. Chair Pankaj Shah Board Member Also Present: Bill Wright Building Construction Inspector Neil Legters Building Official Assistant Patricia O. Sullivan Board Reporter The Acting Chair called the meeting to order at 2:00 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: Member Richter moved to approve the minutes of the September 13, 2006, meeting as motion submitted in written summation to each board member. The was duly seconded and carried unanimously. B – Continued Requests - None C – New Requests: 1) Case #BAA07-01 – 160 S. Gulfview Blvd, Owner – City of Clearwater – Engineering, 100 S Myrtle, Clearwater 33756. Request: Determination that a prefabricated portable parking attendant booth to be located at the Pier 60 parking lot on the beach is not a permanent structure subject to the requirements of Chapter 51, Clearwater Code of Ordinances. Located on Gulfview Boulevard at the end of SR 60, just south of the Roundabout. Parcel 08-29-15- 15606-000-0010 Since 1990, the Pier 60 parking lot has operated as an attendant lot where customers are required to pay the parking fees upon exit. The approved Beach Walk plans for the Pier 60 parking lot required the relocation of the two existing parking attendant booths, approximately 30 feet to the north. Costs associated with relocating the booths and equipment exceed the cost of purchasing a new booth by approximately $20,000. Therefore, the City determined it was more feasible to purchase a replacement booth. During the last 17 years, the City has operated the Pier 60 parking lot as a cashiered facility and the lot has never flooded nor sustained any damage to the existing attendant booths. Staff is proposing to use one 6.4-foot by 4-foot and 7.6-foot by 5.6-foot ADA (Americans with Disabilities Act) compliant portable booth as manufactured by Porta-King Building systems. Building - Flood Special 2007-05-11 1 r-- -- The booth meets State requirements (130 mph wind load) and will be anchored to a 4-inch deep concrete slab. The booths will be staffed from 7:00 a.m. to 1 :00 a.m. daily. The booth will be relocated whenever a tropical storm/hurricane watch is issued. The booth is in a FEMA (Federal Emergency Management Association) velocity zone with a BFE (Base Flood Elevation) of 16.0 NAVD. The ground in this area is elevation 5.0. If the booth were to be considered a permanent structure, elevation of the floor to elevation 16 . would make it impossible for the booth to serve its intended function. With regard to the specific factors to be considered in granting a variance as outlined in Code Section 51.11 (3): 1) The danger that materials may be swept onto other lands to the injury of others - booth to be removed during tropical storm events; 2) The danger to life and property due to flooding or erosion damage - booth to be removed during tropical storm events. In case of unforeseen tidal events, booth would not be occupied; 3) The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the owner - booth to be removed during tropical storm events. Attendants will remove all tickets, money, etc. at the end of each day. Should booth become significantly damaged, it would be replaced. Replacement costs are minimal; 4) The importance of the services provided by proposed facility to community - booth is integral component of operation of City parking lot; 5) The necessity of facility to a waterfront location - by its nature and area topography, operation must be located on beach; 6) The availability of alternate locations not subject to flooding or erosion damage for proposed use - due to approved Beach Walk plans, no alternative location would work or be in a different elevation; 7) The compatibility of proposed use with existing and anticipated development - booth is integral part of beach development plan; 8) The relationship of proposed use to comprehensive plan and flood plain management program for area - proposed parking plan consistent with Comprehensive Plan Objective 19.3 - "Public Access to the beach shall be maintained or improved through parking and multi-model transportation enhancements"; and 9) The safety of access to property in times of flood for emergency and non-emergency vehicles - booth will not impede emergency vehicle access. Discussion ensued with consensus that the request meets the intent of the law. Member Shand moved that the Board of Adjustment and Appeal on Building/Flood Control has determined that a prefabricated portable parking attendant booth, to be located at the Pier 60 parking lot on the beach, is not a permanent structure subject to requirements of Chapter 51, Clearwater Code of Ordinances, with a condition that the power connection be a quick disconnect design. The motion was duly seconded and carried unanimously. Adjournment The meeting adjourned at 2:08 p.m. hair - Board of justment & Appeal on Building/Flood Control ~~ Board Repo er Building - Flood Special 2007-05-11 2