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HomeMy WebLinkAbout01/12/1993 - Regular Minutes - Construction Board of Adjustments MINUTES CONSTRUCTION BOARD OF ADJUSTMENTS Tuesday, January 12, 1993 4:00 PM Building Conference Room MEMBERS PRESENT: Tom Wilson, Pat Boyett, Dan Sears, James Holster, Wick Mc Kean, and Danny Sustaire MEMBERS ABSENT: Paul Swohoda STAFF PRESENT: Fire Marshall Bland Ellen, Fire Inspector George Spain, and Board Secretary Susan Cole AGENDA ITEM NO. 1: Call meeting to order. The meeting was called to order by Dan Sears. AGENDA ITEM NO. 2: Hear visitors. There were no visitors. AGENDA ITEM NO. 3j Approve minutes from meeting on December 17, 1992. Tom Wilson made a motion to approve the minutes from the meeting on December 17, 1992. Wick Mc Kean seconded the motion and passed (6-0). AGENDA ITEM NO. 4: Public hearing for the consideration of a variance request to the City Amendments of the Standard Building Code to allow the exemption of installation of sprinkler system at 3100 Longmire. Applicant and owner of the property is Brazos Valley Lumber. Fire Inspector George Spain presented the staff report to the Board. He stated that the property was grandfathered when it was annexed into city. George Spain said that building will increase 22,000 square feet with the requested addition; therefore, the building needs fire protection. According to building code, the building must be brought into compliance for the addition. Chairman Dan Sears opened the public hearing for anyone to speak in favor of the variance request. Jerry Windham, applicant, approached the Board to speak in favor or the variance request. He stated the original proposal was intended to protect the building materials; however, there is also an alternate proposal to install a fire wall along the edge of the existing building and build a shed. Building Official Coy Perry commented that the alternate proposal meets the building code. He added that if the addition is separated by a fire wall, then the addition is considered a separate building. Jerry Windham stated after hearing Mr. Perry's comments, he withdraws the variance request and will proceed with the alternate proposal. AGENDA ITEM NO. 5; Public hearing for the consideration of a variance request to the Fire Prevention Code to allow the exemption of an 80 foot turnaround for the property located at 7610 Eastmark. The application is in the name of Kayak and Company. The owner of the property is Carlvine Corporation, Inc. Fire Marshal Bland Ellen presented the staff report to the Board. He stated this variance request was before the Board six months ago; and, the Board decided that no building permits were to be issued until the fire lane was resolved. Bland Ellen said his recommendation is for denial; since, the property does not meet the fire code requirements. He continued to say a 20 foot drive with a paved and rock surface was proposed that would comply with the fire code; however, the proposal must be approved by the City Engineer. Coy Perry commented that the reason the applicant , Don Ball, is before the Board again is because he has a new tenant. He continued to say that Don Ball wants the fire lane requirement to be a condition of the Certificate of Occupancy not the building permit. Bland Ellen remarked that there are two options: either to acquire a small piece of land to complete the turnaround or connect the existing drives. Dan Sears inquired how this situation occurred. Bland Ellen replied that the property was to originally be built in two phases; however, phase two was never completed. He continued to say that two businesses have accidentally occupied the building without the situation being resolved. Wick Mc Kean inquired if other permits were being issued in the same situation. Coy Perry replied that Pebble Creek is in the same situation. Dan Sears refuted by stating that Pebble Creek has a development agreement with financial hacking. Bland Ellen commented that when projects are built in phases, each phase must comply with code. Dan Sears opened the public hearing for anyone to speak in for or against the variance request. Don Ball, applicant, approached the Board to speak in favor of the variance request. Don stated that there is an economic hardship. He said that he met with the Building Inspection Department and was advised that there were not any problems; Carlvine Corporation bought the building. However, the Fire Department did not advise us of any problems until the second building permit was issued. He stated he tried to buy land adjacent to the property for an easement from the FDIC, but they were not willing to sell it. Don Ball said he hoped the land would be sold to someone who would be willing to work with him. The new owner of the adjacent property has almost closed on the land. He said he started negotiating with Lynntech in October and he thought there was ample time to resolve this situation. The owner of Eastmark is willing to build a ramp. He continued to say that Lynntech will loose $211,000 if a variance is not granted: This is an economic hardship. He stated he could provide a bond to assure that the property will comply with code. He stated he is currently working on purchasing a piece of adjacent land for an easement. Dan Sears inquired about the exact location of the easement trying to be aquired. Don Ball showed the location of the easement and passed out pictures of the property to the Board. Don Ball commented that the owner wants to assure that the code will be met, financially. Dan Sears asked the Bland Ellen if he has problems with the cut through. Bland replied yes. Don Ball stated that the problem is holding up building permits until the ramp can be built. CBA Minutes January 12, 1993 Page 2 Jim Holster remarked that it is hard to cut the grade. He stated he has looked at this building for 8 years and it is nice to see this building being taken care of. He said the loop is an easy option, however, they do not have the land. Tom Wilson commented that he believes they are intend to obtain the land. Roxanne Nemcik stated the Board can grant variance on the fire lane or make the property come into compliance. Bob Harris, attorney for Carlvine Corporation, approached the Board to speak in favor of the variance request.. Bob Harris he asked Hank Mc Quaid, representative of FDIC, to call the proposed owners to inquire if they would be willing to negotiate. Hank Mc Quaid approached the Board. He stated FDIC tried to do a seal bid, but the proposed buyers were denied. Hank Mc Quaid continued to say he asked for best and final offer and the letters will go out this afternoon. He said there are 10 days for contracts and 45 for the property to close. He said the Asset Manager was made aware of this situation and all proposed owners were informed; however, he cannot guarantee the owner will grant Carlvine Corporation an easement. Bland Ellen commented that he discussed the situation at length with Don Ball and the building permit for Lynntech was denied according to the minutes. Wick Mc Kean asked if there was a hardship for the Fire Department. Bland Ellen replied it is a safety problem for the trucks. A fire truck is unable to backup while laying hoses and it will also create a time delay for EMS; therefore, emergency service cannot he provided efficiently. Oliver Murphy, president of Lynntech, approached the Board to speak in favor of the variance request. He stated that the City of Bryan has condemned and wants demolish the building they currently occupy. He said he has spent an excess of$20,000 engineered designed plans. Mr. Murphy said that all the other tenants of his building have moved out and he had to request the City of Bryan to stay longer when this situation arose. He continued to say Lynntech just won a half a million dollar contract with NASA; consequently, he increased his staff substantially. He said if a variance request is not granted, then Lynntech will have to move to a temporary facility, reduce staff, and cancel the NASA contract. Bob Harris read a letter that was faxed by Angus MacDonald, President of Carlvine Corporation, to the Board. Bob Harris stated the owner wanted a variance request granted based on economic hardship and that adequate evidence was presented. He said that he respectfully requests a variance to be granted to the city ordinances for one year and $8,000 will he escrow until a ramp can be built. Dan Sears closed the public hearing and opened the Board for discussion. Dan Sears asked if a variance request can be given for one year. Roxanne Nemcik replied either a variance request can be granted or a deal can be worked out with the Building Department. Coy Perry commented that Don Ball was given six months to resolve the situation. Wick Mc Kean stated that the variance is requested due to hardship, but he concerned about the building being protected. Bland Ellen remarked that a good level of service cannot be provided to this building if the variance request is granted. Wick Mc Kean asked if lives were at risk. Bland replied in the positive. Roxanne Nemcik said if the item is table that would allow the applicant more options. Wick Mc Kean asked for an option of 3 days to be. CBA Minutes January 12, 1993 Page 3 Tom Wilson made a motion to grant the variance. Jim Holster seconded the motion and passed unopposed(6-0). AGENDA ITEM NO. 6: Other business. There was no other business. AGENDA ITEM NO. 7: Adjourn. Tom Wilson made a motion to adjourn the meeting. Jim Holster seconded the motion and was carried unanimously (6-0). APPROVED: Chairman Dan Sears A 1-IE ST: Board Secretary, Susan Cole CBA Minutes January 12, 1993 Page 4