HomeMy WebLinkAbout08/13/1993 - Regular Minutes - Construction Board of Adjustments MINUTES
CONSTRUCTION BOARD OF ADJUSTMENTS
Friday, August 13, 1993
4:00PM
Council Chambers
MEMBERS PRESENT: Chairman Dan Sears, Wick Mc Kean, Pat Boyett, Tom
Wilson, Jim Holster, and Paul Swoboda.
MEMBERS ABSENT: Danny Sustaire
STAFF PRESENT: Building Official Coy Perry, Fire Marshal George Spain,
Staff Planner Sabine Kuenzel, Development Coordinator
Shirley Volk, 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. iTF,M NO.3: Approve minutes from meeting on June 17, 1993.
Wick Mc Kean made a motion to approve the minutes from the meeting on June 17,
1993. Tom Wilson seconded the motion which passed (6-0).
AGENDA ITEM NO. 4: Public hearing for the consideration of a variance request to
the City Amendments of the Fire Prevention Code for
exemption of a second fire hydrant at 123 Miller's Lane.
The applicant and owner of the property is Dr. Maxine
Stiles, DVM.
Fire Marshal George Spain presented the staff report to the Board. He stated that the
area was originally a residential use with a requirement to be within 500 feet distance to a
fire hydrant, but is now changing to a commercial use with a requirement to be within
300 feet distance to a fire hydrant. The proposed project is located on a major arterial
road. and emergency vehicles would have to cross the street in oncoming traffic to
protect this property.
Wick Mc Kean asked if a permit had been issued and George Spain replied in the
negative. Wick Mc Kean asked for clarification about why the fire department could not
provide service to the property if it is a commercial use. George Spain stated that if it is
a commercial use, chemicals could be brought on the sight at anytime. Wick Mc Kean
commented that this project is being permitted under a conditional use permit.
Jim Holster asked if the fire department blocks off both sides of the street when they
respond to a fire. George Spain stated that the police department blocks the street after
the fire department has arrived.
Dan Sears stated he wanted verification that if the property is permitted under conditional
use, then the a variance is not necessary.
Pat Boyett commented that there is a fire hydrant directly across the street. George Spain
stated that they do not use fire hydrants across major arterial street due to safety reasons.
He continued to say the closest fire hydrant is on the west side of the building on the
north side of FM 2818.
Sabine Kuenzel stated that a conditional use permit has been approved by Planning&
Zoning Commission. She continued to say that conditional use permit is good for one
year and can be extended up to six months. After the improvements are made according
to the approved site plan, the conditional use permit stays with that property as Iong as
the same use is maintained.
Dan Sears inquired about if the property was sold. Sabine Kuenzel replied that it would
depend on the new use and if it changes, then it will have to go to the Planning and
Zoning Commission. She continued to say that the property is zoned R-1, Single Family
Residential, even though it is reflected as commercial on the land use plan.
Dan opened public hearing for anyone to speak in favor of or in opposition to the
variance request.
Dr. Maxine Stiles approached the board to speak in favor of the variance request. She
stated that she measured the distance from the corner of the house to the fire hydrant and
from the tool shed to the fire hydrant. She found the distances to be 302 feet and 324
feet, respectively. Dr. Stiles continued to say that the house was built in 1946 and that
the Highway Department used the front yard for the FM 2818 extension; therefore,
nobody wants to buy the house. She stated that they have built fire corridors, fire rated
the ceiling, installed heat detectors and extinguishers, and rewired in conduit. Dr. Stiles
said that she discussed with George Spain about having combustibles on the property.
She said the that the only combustibles she uses are shampoo, oxygen, and alcohol. She
continued to say the reality is she chose the location because of the parking lot and that it
is not that difficult to access.
CBA Minutes August 13, 1993 Page 2
George Spain commented that the distance is a little bit over but the City code does not
allow him make a decision for a variance.
Dan Sears closed the public hearing and opened the board for discussion.
Pat Boyett stated that he has looked at the property and there is a fire hydrant right across
the street and he feels the property can be protected.
Tom Wilson stated that he shares George Spain's concerns and the codes are for our
protection.
Wick Mc Kean made a motion to approve the variance request due to the fact that is a
commercial use in a residential zone. Paul Swoboda seconded motion and passed
unanimously(6-0).
AGENDA ITEM NO. 5: Public hearing for the consideration of a variance request to
reduce the number of plumbing fixtures required in a
building of Group E Educational occupancy at 106 Holik.
Applicant and owner of the property is College Station
Independent School District.
Building Official Coy Perry presented the staff report to the Board. He stated that
Oakwood Middle School currently has three temporary buildings and would like to add
two more. The addition of the buildings will require more plumbing fixtures than are
currently present. These temporary buildings do not meet the definition of a temporary
building according to the Standard Building Code. The code defines a temporary
structure as "a special permit for a limited time before the erection of temporary
structures such as construction sheds, seats, canopies, tents and fences used in
construction work or for temporary purposes such as reviewing stands." Coy Perry
continued to say that a portable building does not meet the definition of a temporary
structure. The code recognizes it as a permanent building.
Dan Sears opened the public hearing for anyone to speak in favor of or in opposition to
the variance request.
David Neal, Assistant Superindent of Business for CSISD, approached the board to speak
in favor of the variance request. Mr. Neal stated the CSISD has leased the proposed
temporary buildings until the construction of the new middle school is complete. It is
scheduled for completion by August 1, 1994. At that time, aII of the portable buildings
will be relocated. He continued to say that currently there are a total of 42 water closets
on campus, 19 girls, 16 boys, and 7 in individual classrooms, with an attendance of 900-
1000 students. The requirement for the occupancy now is 38 to 40 water closets. Mr.
Neal stated that Mark Wells at SBCCI said that interpretation is to be determined by the
Building Official. Mr. Neal suggested that a variance request be granted with a specific
CBA Minutes August 13, 1993 Page 3
time period.
Gerald Winn, Principal of Oakwood Middle School, approached the Board to speak in
favor of the variance request. Mr. Winn stated that the portable buildings will be moved
before completion of the cafeteria. He continued to say that technically the students are
not in portable buildings because they have to go through the main building to get to
their classes and bathrooms are available in the main building.
Dan Sears closed the public hearing.
Wick Mc Kean asked if a variance can be granted with a specific time limit.
Development Coordinator Shirley Volk replied that once the new building is complete
and the buildings are moved, then the variance request will become null and void.
Tom Wilson made a motion to grant variance request. Pat Boyett seconded motion and
passed unopposed (6-0).
AGENDA ITEM NO. 6: Other business.
Dan Sears requested that a copy of a detailed map of the proposed variance request be
included in the packets. Dan Sears also requested that a representative of the Legal
Department be present at all meetings and would like a legal workshop to be held.
AGENDA ITEM NO. 7: Adjourn.
Tom Wilson made a motion to adjourn the meeting. Pat Boyett seconded the motion and
was carried unanimously (6-0).
APPROVED:
Chairman Dan Sears
A ST:
oard ecretary, Susan Cole
CBA Minutes March 4, 1993 Page 4