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HomeMy WebLinkAboutDocuments 10/23/96 09:53 $409 846 7083 R M & E, P.C. 16 002 10/22/19y6 89: 04 8464779 DAVID PRICE HOMEBLDR PAGE 82 • CONSTRUCTION BOARD OF ADJUSTMENTS AND APPEALS Case Number q Cu=MCI Name of Applicant Stephen R. Holl s Mailing Address Y.O. Box 4884 Bryan, TX 77805 Telephone Number (409) 260-9911 s Name of Property Owner Philip J. Traiiani and Simon Trapani _.. Mailing Address 1402 Sussex Colle_e Station TX 77845 Telephone Number X409) 693-84$5_ LOCATION OF PROPERTY Address 5012 Augusta, College Station, TX__ 77845 ___ Lot _23 Block .17 Subdivision pP},bi e creek, Phase 213 Description if Applicable Si ngl P Fam-f 1 rP•s.ji nti nl hnma ii dj rnr tnirt E . Action Requested l Tn.terpre an of .Table 500 and College Station Amenclinont No. 14; 2. Variance to Table 500 and College Station Amendment No. 14 Current Zoning of Subject Land R-1 Applicable Ordinance Section 1994 Std. Building Code, Table 500 and College Station Amendment No. 14 — - 10/23/96 09:53 $`409 846 7083 R M & E, P.C. Wuuo 10/22/1ys6 59:04 8464779DAVID PRICE HOMEBLDR PAGE 99 COMPLETE THE FOLLOWING FOR A VARIANCE REQUEST • The following specific variation from the ordinance is requested. See Arr�r_hAq • This variance is necessary due to the following special conditions. See Attached The following alternatives to the requested variance are possible. See Attached This variance will not be contrary to the public interest by virtue of the following facts: The facts stated by me in this application are true and correct to the best of my knowledge. (1114--- 11:511(.6 Applicant Date 10/23/96 09:54 '409 846 7083 R M & E, P.C. Z004 EXHIBIT "A" Overview Philip J. Trapani and Sandra L. Trapani are in the process of constructing a two (2) story single family residence on the Property. As per the City of College Station requirements, the Owners caused a building plan to be submitted to the City of College Station in connection with their application for a building permit. The building permit was issued by the City of College Station on May 20, 1996. Construction commenced on May 21, 1996. The City of College Station inspected the construction at the rough in phase of construction. The construction passed the inspection. Mr. Lance Simms, the City of College Station plumbing inspector, on October 11, 1996, notified Mr. David Price, the Owner's building contractor, that the construction was not in compliance with the City of College Station building code. Mr, Simms asserted that the improvements must contain a sprinkler system since the improvements exceeded two (2) stories. Mr. Simms based his conclusion on the fact that the improvements were considered category VI-Unprotected and not VI 1-Hour. Mr. Simms also asserts that Amendment Number 14, College Station Code of Ordinance also requires all structures in excess of two (2) stories in height to have a sprinkler system. Interpretation Issues 1, Table 500 for residential structures in the VI-Unprotective category shall not exceed two (2) stories in height. In addition, each story may not exceed 7,000 square feet in height. Issue Does the proposed construction exceed two (2) stories in height? Discussion 1. The proposed improvements are approximately 38' in height as measured from the slab to the peak of the roof. This height is typical for a two (2) home in the College Station area. Variance Request Page 1 10/23/96 09:54 $409 846 7083 R M & E, P.C. OO5 2. A portion of the attic in the home is to be finished out. This area will be used as an. office. The improvements contain only two (2) ceilings. There is a ceiling between the first floor and second floors_ In addition, there is a ceiling between the second floor and the attic. The presence of the office in the attic does not increase the height of the structure. The height of the roof above the portion of the attic that is not finished out is the same as that portion above the office in the attic. oS The proposed construction is a two (2) story single family residential structure. Therefore, the proposed construction complies with all of the conditions of category VI-Unprot. of Table 500 of the Standard Building Code of 1994. H. The Amendment Number 14 of the College Station Code provides that a new Section 903.8.5 shall be added to the standard code. This new section provides that An approved sprinkler system shall be provided in all structures where the total building area exceeds fifteen thousand (15,000) square feet and in all structures exceeding two stories in height. Issue A Does the proposed construction exceed two (2) stories in height? Discussion of Issue A Please see the discussion under item 1 above. Holding The proposed construction is a two (2) story single family residential structure. Therefore, the proposed construction complies with all of the conditions of Amendment Number 14 of the College Station Code. Interpretation and Variance Request Page 2 10/23/96 09:55 T 409 846 7083 R M & E, P.C. ,vvu Issue B Does the proposed construction exceed fifteen thousand (15,000) square feet? Discussion of Issue B The proposed construction contains approximately 7,506 square feet. Please see the plans submitted to the City of College Station. Holding The proposed construction complies with the first requirement of Amendment 14. Issue C The amendment contains an "and" between the two (2) requirements, Does the amendment only require sprinkler systems in structures that have more than 15,000 square feet and exceed two stories in height? Discussion of Issue C "And" is defined in Black's Law Dictionary as "a conjunction connecting words or phrases expressing the idea that the latter is to be added to or taken along with the first. Added to; together with,joined with, as well as; including." Holding The proposed construction contains less than fifteen thousand (15,000) square feet and also does not exceed a two (2) story single family residential structure. It is very clear that the structure does not exceed fifteen thousand (15,000) square feet. The City of College Station ordinance requires that both conditions be met before a sprinkler system is required. Therefore, the proposed construction complies with all of the conditions of Amendment Number 14 of the College Station Code. Variance Request Page 3 10;23/96 09:56 ' '409 846 7083 R M & E, P.C. LgJu07 In the event that the Board fails to agree with the Applicant's interpretation of (I) the 1994 Standard Building Code, Table 500, or (ii) Amendment 14, College Station Code of Ordinances then the Applicant request this Board to consider granting Applicant the following variance requests: Variance Request The following specific variations from the ordinances are requested. 1. The applicant hereby requests a variance to the 1994 Standard Building Code, Table 500, to permit a single family residential structure consisting of two (2) stories with a office finished out in the attic to be built without a sprinkler system; and 2. The applicant hereby requests a variance to Amendment 14, College Station Code of Ordinances to permit a single family residential structure consisting of two (2) stories with an office finished out in the attic to be built without a sprinkler system. The variance(s)is necessary due to the following special conditions. 1. The intent of the ordinance is to provide for the orderly development of property so as not to interfere with the air, sight, and esthetics of the neighborhood. The proposed improvements are approximately 38' in height and two (2) stories. The total height of the improvements is consistent with the other residential houses in the subdivision. In addition, the lots in this subdivision are heavily wooded. Therefore, the air, sight, and esthetics of the neighborhood are not destroyed by the height of the proposed structure; 2. The intent of the ordinance is to provide safety to commercial and multifamily structures. The proposed improvements shall be used as a single family residence. The Owner of the home shall be responsible for the health and safety of the occupants; 3. The house is substantially complete. The building plans were approved by the City of College Station and a building plan was issued. The Owner not only complied with the City of College Station building requirements and codes but also relied on the City of College Station, TX's approval of the building plans. If the applicant is required to install a sprinkler system to the improvements, the Owner will suffer a significant financial loss; 4. The Owner has spent significant sums of money in procuring an architect to draft a house that is esthetically pleasing both inside and outside of the structure. If the Interpretation and Variance Request Page 4 10/23/96 09:56 $'409 846 7083 R M & E, P.C. EgJuu6 Owner is required to install a sprinkler system inside the home, the esthetics of the home will be mined; and 5. The total buildable area of the improvements is less that fourteen thousand (14,000) square feet. Table 500 authorizes residential structures to contain up to fourteen thousand square feet without requiring a sprinkler system or a I-Hour fire rating. The following alternatives to the requested variance are possible. 1. The Owner could install a sprinkler system in the improvements. This alternative is not feasible because: a. The house is substantially complete. The building plans were approved by the City of College Station and a building plan was issued. The Owner not only complied with the City of College Station building requirements and codes but also relied on the City of College Station., TX's approval of the building plans. If the applicant is required to install a sprinkler system to the improvements, the Owner will suffer a significant financial loss; and b. The Owner has spent significant sums of money in procuring an architect to draft a house that is esthetically pleasing both inside and outside of the structure. If the Owner is required to install a sprinkler system inside the home, the esthetics of the home will be ruined. 2. The Owner could abandon the finish out work on the office in the attic. a. This alternative is not feasible because the attic has already been finished out. The owner has already spent significant sums of money on completing this build out; and b. The Owner is an entrepreneur who spends a significant amount of time working in his office at home. The Owner needs the space hi the attic to provide adequate office space. 3. The Construction Board of Adjustment and Appeal could interpret Table 500 as previously requested by the Owner and Applicant. Interpretation and Variance Request Page 5 10/23/96 09:57 /2409 846 7083 R M & E, P.C. l I)t/ The variance will not be contrary to the public interest by virtue of the following facts: The granting of the proposed variances shall not adversely affect the adjacent property. The granting of the variances shall not have the affect of preventing the orderly development of the Property and the development of the adjacent property. The granting of the variances shall not adversely affect the health and safety of the public. Interpretation and Variance Request Page 6 CITY OF COI .I .FGE STATION \/ Office Box 9960 1101 Texas Avenue College Station,Texas 77842-9960 (409) 764-3500 November 7, 1996 Mr. Stephen R.Hollas,Atty. P.O. Box 4884 Bryan,Texas 77805 RE: Variance Request for 5012 Augusta Circle Dear Mr.Hollas: The Construction Board of Adjustments and Appeals voted 6-1 in favor of granting a variance to Table 500, 1994 Standard Building Code,and Amendment No. 14, College Station Code of Ordinances. This vote was taken on November 6, 1996 concerning sprinkler requirements for a three story, Type VI unprotected single family home. Please contact me if I can provide additional information. Sincerely, Lance Simms Building Official LS/lh cc: Jon Mies,Fire Marshal Home of Texas A&M University • CONSTRUCTION BOARD OF ADJUSTMENTS AND APPEALSBUILDING AND STANDARDS COMMISSION FORMAT FOR POSITIVE MOTION FOR VARIANCE I move to authorize a variance from the terms of this ordinance for the following • reasons: It would not be contrary to the public interest; a literal enforcement of the ordinance would result in unnecessary hardship and manifest injustice to this applicant. Further, granting this variance would observe and accomplish substantial justice. a� � /IY� Date 1 / fr(0 Motion made by "; d 1 Seconded by, -� . /7 ( Voting Results ' Chair Signature •ooyuas 4@ooH Wta s sn Jo;noA lam O f = _ a, c / [ k 00 f § § k .) = m 2 . } ° G s o % I kk CO $ O c 2 E CD ` VO / k 2o © ] { — \�g \ } k \ . ƒ / @\\ H E 7 0 & m § : a � � _ . 0 •a, § E f \ f ° # . 7 <\ ° \ 22 � / %- \/ / k 2 \ i m . ! k 8. 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