11/06/2018 Building/Flood Board of Adjustment &Appeals Meeting Minutes November 6, 2018
BUILDING/FLOOD BOARD OF ADJUSTMENT AND APPEALS MEETING MINUTES
CITY OF CLEARWATER
Tuesday, November 6, 2018
Roll Call
Present: Vice Chair Steven L. Klar, Board Member Earle Cooper, Board
Member Julie A. Daniels, Board Member Kathryn C. Helmus
Absent: Board Member Mark Cagni, Alternate Board Member Philip A.
Jester
Also Present: Jay Daigneault —Attorney for the Board, Michael Fuino —
Assistant City Attorney, Kevin Garriott — Building Official, Patricia
O. Sullivan — Board Reporter
2 — Call To Order
The meeting was called 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 August 2, 2016 Building/Flood Board of Adjustment and
Appeals meeting as submitted in written summation.
Member Daniels moved to approve minutes of August 2, 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: Appeal Building Official's Decision
5.1. Case: BAA2018-08001 — 205 San Remo Avenue
Legal Description: Boulevard Heights Blk D, S 55ft of Lots 15 and 16
Appellant Name: Plunkett, Michael O.
Property Owner: Plunkett, Michael O.
Request: Desire time to evacuate house & consent to permit City to demolish house.
Basis for Request: House contains business and family records plus extensive
legal research project; financial hardship and medical condition of owner.
Applicant Michael Plunkett said he was 9 years-old in 1949 when he
moved into his aunt and uncle's house after his parents died. He said he
inherited the subject house in the 1960s and returned every couple of
years to make repairs. He said he failed to remedy Code violations and
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Building/Flood Board of Adjustment &Appeals Meeting Minutes November 6, 2018
occupied the unsafe building. He said the police were irritated with his
inability to secure the house. He said his attempts to rent the property and
hire house sitters were unsatisfactory.
Mr. Plunkett requested until summer to try to rescue the property. He said
upon his return to Clearwater he could not afford a motel and had to stay
in his house. He said he was 78, exhausted by significant health
problems, and very depressed the City wanted to raze his house, he had
no place to go. He said the house was safe for him and comfortable. He
said he needed more than 30 days to vacate.
Inspector Jason Cantrell provided a PowerPoint presentation and
reviewed the Staff Report. The City issued 5 Notices of Violation since
2015; the property was a public nuisance. He presented photographs
showing deterioration on the front of the house, deteriorated siding, and
the rear wall, detached from the roof subframe, sitting on the ground. The
structure could collapse, endangering Mr. Plunkett and the neighborhood.
The City recommended the structure be repaired or demolished within 30
days.
Assistant City Attorney Mike Fuino said Mr. Plunkett never applied for any
permits necessary to bring the house into compliance. Building Official
Kevin Garriott said a "No Occupancy"sticker was affixed to the front door.
Concern was expressed the structure posed a fire danger to nearby
houses. It was questioned how Mr. Plunkett could repair the house in the
next 6 months when no repairs were done during the previous 3 years.
Mr. Plunkett said his first choice would be to remediate the house but he
needed to find funding sources to finance repairs. He said he lived on his
social security benefits but might be able to raise donations through his
election and precinct projects.
In response to questions, Mr. Plunkett said since August, when he was
notified the City wanted to demolish his house, he looked for another
place to live but had not found one, his brother and sister lived in Rhode
Island. He said the house did not have electricity or water, he showered at
the YMCA and bought food nearby or used a propane tank to cook. He
said the house was sturdy and not as bad as it appeared to be from
outside; it only lost a few shingles during last year's hurricane.
Attorney Fuino said the City was amendable for Mr. Plunkett to remain in
the house until December 31, 2018
Discussion ensued with comments the City was being generous
considering the house had been deemed uninhabitable and posed an
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Building /Flood Board of Adjustment & Appeals Meeting Minutes November 6, 2018
unsafe environment for Mr. Plunkett and the neighborhood. Concern was
expressed the City might be liable if Mr. Plunkett was allowed to stay in
the house and a tragic event occurred. It was recommended that Mr.
Plunkett take advantage of community resources that would help him and
contact HEP (Homeless Empowerment Program) for assistance as
remaining in the house was dangerous to his life.
With regard to the Appeal from the Building Official's decision or
interpretation in Case BAA2018- 08001, Member Daniels moved to
find action on the request to be within the Board's authority and to
deny the appeal and affirm the Building Official's decision or
interpretation based on evidence and testimony presented in the
application, the Staff Report and at today's hearing, and specifically
the house is unsafe and needs to be repaired or demolished in 30
days thus allowing that time for cleaning of belongings from the
structure, and hereby issue the Conclusions of Law that the criteria
set forth in City Code Section 47.033 are not met. The motion was
duly seconded and carried unanimously.
7 — Director /Building Official Comments
Mr. Garriott said he would forward to members the newest version of the
City's flood plain ordinance that met updated FEMA (Federal Emergency
Management Agency) regulations.
7.1. Election of Officers.
8 — Adjourn
Attest:
oard Re er
City of Clearwater
Member Daniels moved to appoint Earle Cooper as Chair. The
motion was duly seconded and carried unanimously.
Member Cooper moved to appoint Steven Klar as Vice Chair.
The motion was duly seconded and carried unanimously.
The meeting adjourned at 2:50 p.m.
Board and of Adjustment & Appeals
- Buildi g /Flood
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Building/Flood Board of Adjustment &Appeals Meeting Minutes November 6, 2018
CITY OF CLEARWATER
PLANNING AND DEVELOPMENT DEPARTMENT
STAFF REPORT
Meeting Date: November 6, 2018
Case Number: BAA2018-08001
Agenda Item: # 1
Owner/Appellant: Michael O. Plunkett
Address: 205 San Remo
REQUEST
"Desire time to evacuate house and consent to permit city to demolish house."
BACKGROUND/ANALYSIS
• The City received complaint on 11/17/15.
• The structure was cited as UNSAFE on 11/19/15.
• No repairs made to structure since UNSAFE declaration.
FINDINGS OF FACT
1. The structure has structural deficiencies and is not secured.
2. The owner wants to clean out personal items in structure.
3. The structure needs to be repaired or demolished.
CONCLUSIONS OF LAW
1. The BOARD has the power to hear appeals from decisions and interpretations of the
building official and to grant variances from the provisions of the technical codes adopted
and the BOARD has the power to hear appeals from decisions of the building official
relating to unsafe buildings, structures and service systems. (reference Community
Development Code 47.033)
2. The BOARD has the authority to provide for adjustments and appeals to the Standard
Unsafe Building Abatement Code and shall have the authority to make the final
interpretation of provisions of such Code. (reference Section 105 Standard Unsafe
Building Abatement Code).
3. Structure remains in an UNSAFE condition as the term used in the Standard Unsafe
Building Abatement Code.
RECOMMENDATION TO THE BOARD
Uphold the UNSAFE declaration and order the structure repaired or demolished in 30 days thus
allowing that time for cleaning of belongings from the structure.
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