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HomeMy WebLinkAbout02/02/2004 - Regular Minutes - Construction Board of Adjustments MINUTES CONSTRUCTION BOARD OF ADJUSTMENTS AND APPEALS 2 February 2004 6:30 P.M. City Hall Council Chambers MEMBERS PRESENT: Chairman Dan Sears, Vice Chairman George McLean, Commission Members Frank Cox, Mike Lane, Shawn Slocum MEMBERS ABSENT: None STAFF PRESENT: Building Official Lance Simms, Assistant City Attorney Angela Deluca, Plans Examiner Carl Warren, Development Manager Natalie Ruiz, Fire Marshal Eric Hurt and Staff Assistant Stacey Ann Smith AGENDA ITEM NO.1: Call meeting to order. Chairman, Dan Sears, called the meeting to order. AGENDA ITEM NO.2: Consideration, discussion and possible action of absence request from meeting There were none. AGENDA ITEM NO.3: Hear visitors for items not on agenda. No one choose to speak. AGENDA ITEM NO.4: Consideration, discussion, and possible action to approve minutes from Construction Board of Adjustments and Appeals meeting from Monday, October 27,2003. Dan Sears asked the Board if anyone was ready to make a motion. Frank Cox motioned to approve the minutes. Shawn Slocum seconded the motion. lof5 "CONSTRUCTION BOARD OF ADJUSTMENTS AND APPEALS October 27,2003 - Minutes The motion passed unanimously, (5-0). AGENDA ITEM NO.5: Public hearing, presentation, discussion and possible action concerning an amendment to section R302, 2000 International Residential Code. Lance Simms, Building Official, took the floor. Lance began his presentation by reminding the Board that the 2000 International Residential Code (IRC) was adopted by City Council with an effective date of 1 January 2002. Lance said that prior to the adoption of the 2000 IRC, the CABO 1 & 2 Family dwelling was used in College Station. The CABO code did not address projections or overhangs over a common lot line so, until the adoption ofthe IRC, College Station allowed them. Lance continued by stating that the 2000 IRC prohibits overhangs beyond the property line and stated that Section R302 of the IRC provides details relative to the building's location on the property. He said the code assumes that an owner has no control over the adjoining property; therefore, the location of structures is regulated with respect to its location to the adjoining property. Lance said Section R302 of the IRC requires exterior walls that are located less than 3 feet from a common property line to be of 1 hour rated fire resistant construction without openings. Lance continued by stating that the property line concept provides a convenient means of protecting one structure from another with respect to fire exposure. Lance said that there are also planning regulations that playa role in a building's location relative to the property line. He stated that the Unified Development Ordinance (UDO) requires a minimum side setback of 7.5 feet in R-1 zoning districts. Lance said when zero lot line construction is allowed for detached single family homes, a minimum of 15 feet between structures is also required by the UDO. He continued by stating that the minimum setbacks established by zoning regulations (UDO) are typically driven by issues such as access to light, air and open space while the separation requirements of the IRC are driven by fire safety considerations. Lance stated that several months ago, City staff was approached by a member of the development community about the possibility of amending the IRC to allow overhangs over the common property line. After some discussions with members of the development community, Lance said staff had developed a proposal that would allow projections over common property lines while preserving fire safety considerations (see proposal "A" below). He also stated that the legal department had suggested an alternative that may work as well (see proposal "B" below). Lance said that he has not had time to adequatly consider the alternative suggested by the legal department but he would present it to the Board. He outlined the proposals as follows: 2of5 "CONSTRUCTION BOARD OF ADJUSTMENTS AND APPEALS October 27,2003 - Minutes Proposal A: (1) The UDO would be amended to require a fire protection easement on plats incorporating zero lot line construction. The fire protection easement would be defined as a private easement with a minimum width of six feet. Combustible construction, other than a wood fence, or the storage of combustible materials would be prohibited within the fire protection easement. (2) Section R302 of the IRC to would be amended to allow a maximum 18 inch projection (overhang) beyond the property line. The base rule of "no projections beyond the property line" remains except when a fire protection easement is provided on the plat of record. (3) The language in Article 8;2 "Lot Line Construction" of the UDO would also be changed to be consistent with Section R302, IRC, as amended. Proposal B: (1 )Section R302 of the IRC would be amended to allow projections beyond the property line. (2) The UDO would be amended to prohibit the ZBA from granting a side setback variance on lots associated with zero lot line construction. Lance concluded his presentation. Dan Sears opened the public hearing and asked if anyone would like to speak in favor of the item. Larry Marriott came forward. He stated that he was in favor of proposal "A", but not the "no variance" provision (proposal "B"). Larry stated that, from time to time, builders need a small variance because the forms may not have been set up perfectly. He said that proposal "B", as presented would not allow any variance whatsoever. Steve Arden came forward. He stated that there were several lots in town that were platted before the adoption of the IRC. He said that not allowing overhangs on those lots amounts to retro-active enforcement. The Board discussed the proposals that were presented and considered the comments made by Larry Marriott and Steve Arden. Dan Sears asked if anyone would like to speak in opposition to the item. No one came forward to speak. Dan closed the public hearing. The Board continued to discuss the item for an extended time period. Lance reviewed the two proposals again. The Board indicated that proposal "A" seemed to address future development (lots that would be part of subdivisions not yet platted). They also said that proposal "B" 3 of5 "CONSTRUCTION BOARD OF ADJUSTMENTS AND APPEALS October 27, 2003 - Minutes could be used to allow projections over the property line on the few lots that are part of existing zero lot line subdivisions. Dan Sears asked if the Board was ready to make a motion. Shawn Slocum made a motion to direct Staff to consider Proposal A, providing for an easement, and Proposal B to accommodate the existing lots in the City and report back to the Board. Frank Cox seconded the motion. The motion was approved unanimously (5-0), AGENDA ITEM NO.6: Hear a presentation from the Building Official concerning recent State legislation requiring registration of homebuilders. Lance Simms, Building Official, took the floor. Lance stated that during the last session, the Legislature passes House Bill 730. He said the new law created the Texas Residential Construction Commission (the "Commission"). He said the Commission was charged with several tasks, including; (1) providing homeowners and builders an opportunity to resolve differences through an administrative process prior to pursuing court action, (2) registering all new homes built in the State (3) registering homebuilders and remodelers, and (4) overseeing the state-sponsored inspection and dispute resolution process. Lance said of special interest to the City of College Station Building Division is the provision for homebuilders to be registered with the State on or before 1 March 2004. He said our current ordinance requires homebuilders to be registered with the City before a permit is pulled, however, the process simply requires the builder to provide basic information and pay a registration fee. Lance said the issue is whether the City will require proof of State registr(ition before a request for local registration and/orrenewal will be processed. Lance said he simply wanted to make the Board aware of the new law and. stated that no action is being requested at this time. He reminded the Board that staff is in the process of reviewing the 2003 IRC for adoption and s9id that any change could be included as part of that process. AGENDA ITEM NO.7: Hear a presentation from the Building Official concerning recent State legislation requiring electricians to be licensed by the State. Lance Simms, Building Official, took the floor. Lance stated that during the last session, the State Legislature passed House Bill 1487 requiring electricians to be licensed by the State. Lance said that prior to HB 1487, electricians were licensed by municipalities. He said the new law will still allow local municipalities to license electricians, however, electricians now have a choice to get one license and work 4of5 "CONSTRUCTION BOARD OF ADJUSTMENTS AND APPEALS October 27,2003 - Minutes anywhere in the State. Lance said that he was simply updating the Board on the new law and no action was needed at this time. He concluded by saying that he would be preparing an ordinance that recognizing the new law and presenting it to the Board at a future meeting. AGENDA ITEM NO.8: Consideration, discussion and possible action on future agenda items No items were presented. AGENDA ITEM NO.9: Adjourn Mike Lane motioned to adjourn. George McLean seconded the motion. The motion passed unanimously, (5-0). The meeting was adjourned. APPROVED: V'~ Chairman: Dan Sears 5of5