08/02/2016 Building/Flood Board of Adjustment &Appeals Meeting Minutes August 2, 2016
BUILDING/FLOOD BOARD OF ADJUSTMENT AND APPEALS MEETING MINUTES
CITY OF CLEARWATER
Tuesday, August 2, 2016
Roll Call
Present: Vice Chair Steven L. Klar, Board Member Earle Cooper, Board Member Julie A.
Daniels, Board Member Kathryn Helmus, Alternate Board Member Empty Seat
Absent: Chair Pankaj Shah
Also Present: Jay Daigneault—Attorney for the Board, Laura Mahony —Assistant City
Attorney, Dana Root— Plans Examiner, Patricia O. Sullivan — Board
Reporter
2 — Call To Order
The Vice Chair called the meeting to order at 2:00 p.m. at City Hall.
3 —Approval of Minutes
3.1.Approve minutes of June 7, 2016 Building/Flood Board of Adjustment and Appeals
meeting as submitted in written summation.
Member Helmus moved to amend the motion for Case BAA2016-05002
in the minutes of June 7, 2016 to reference Code Section 47.035(2). The
motion was duly seconded and carried unanimously.
Member Cooper moved to approve minutes of June 7, 2016
Building/Flood Board of Adjustment and Appeals meeting as
amended. 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: BAA2016-05003, 860 Eldorado Avenue (Cont'd from July 5, 2016)
Legal Description: Mandalay Sub Blk 7, Lot 3 & RIP Rts.
Applicant Name: Sand Castle I, LLC
Agent Name: Jeff Knight— Curtis Pools
Request: To declare seawall as non-functioning and to build within the 18-foot setback
Basis for Request: To install an inground swimming pool and spa.
See Staff Report below.
Jeff Knight of Curtis Pools, representing the Applicant, requested that the seawall be
declared non functioning to install a swimming pool.
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Building /Flood Board of Adjustment & Appeals Meeting Minutes August 2, 2016
Plans Examiner Dana Root presented an aerial photograph and survey of the
subject property. The seawall was approximately 300 feet from the water. The
Building Official supported the application.
Member Cooper moved that with regard to the request for a Variance
from the Standard Technical Codes in Case BAA2016 -05003 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 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.
5.2. Case: BAA2016- 06004, 766 Eldorado Avenue (Cont'd from July 5, 2016)
Legal Description: Mandalay Sub Blk 4, Lot 4 & RIP Rts.
Applicant Name: Michael Williams
Agent Name: Daniel Dawson
Request: To abandon the existing non functioning seawall
Basis for Request: The seawall does not function as a seawall.
See Staff Report below.
Daniel Dawson, Architect representing the applicant, said the seawall was
abandoned and the grade on both sides was the same. He requested that the
seawall be declared non functioning.
Mr. Root presented an aerial photograph and survey of the subject property. The
seawall was more than 300 feet from the water. The Building Official supported the
application.
Member Daniels moved that with regard to the request for a Variance
from the Standard Technical Codes in Case BAA2016 -06004 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 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.
6 — Director /Building Official Comments: None.
7 — Adjourn
Attest:
The meeting adjourned at 2:10 p.m.
Board Report
City of Clearw-''er Page 2
Chair v (%
Building /Flood Board of Adjustment & Appeals
Building/Flood Board of Adjustment &Appeals Meeting Minutes August 2, 2016
CITY OF CLEARWATER
PLANNING AND DEVELOPMENT DEPARTMENT
STAFF REPORTS
Meeting Date: August 2, 2016
Case Number: BAA2016-05003
Agenda Item: # 1
Owner/Appellant: Jeff Knight — Curtis Pools for Sand Castle I, LLC
Address: 860 Eldorado
REQUEST
Declare buried seawall as nonfunctioning. Allow for pool construction.
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 3109-Pinellas Gulf Beaches Coastal Construction Code.
2. The beach has grown larger to the west in front of the wall and now the waterline is about
300 feet west.
3. The buried wall at this address is not functioning as a seawall.
CONCLUSIONS OF LAW
1. Setbacks from the seawall are within the authority of this Board
2. The seawall is not functioning as a seawall
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 within the 18'
setback.
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Building/Flood Board of Adjustment &Appeals Meeting Minutes August 2, 2016
Meeting Date: August 2, 2016
Case Number: BAA2016-05004
Agenda Item: # 2
Owner/Appellant: Daniel Dawson as agent for Michael Williams.
Address: 766 Eldorado
REQUEST
Waiver of code requirement of the 18' setback from a seawall.
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 3109-Pinellas Gulf Beaches Coastal Construction Code.
2. The beach has grown larger to the west in front of the wall and now the waterline is about
300 feet west.
3. The wall at this address is not functioning as a seawall.
CONCLUSIONS OF LAW
1. Setbacks from the seawall are within the authority of this Board
2. The seawall is not functioning as a seawall
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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