Loading...
HomeMy WebLinkAbout07/10/1992 - Regular Minutes - Construction Board of Adjustments MINUTES CONSTRUCTION BOARD OF ADJUSTMENTS Friday, July 10, 1992 4:00 PM Council Chambers MEMBERS PRESENT: Paul Swoboda, Bill Lewis, Pat Boyett, Jim Holster, and Tom Wilson. MEMBERS ABSENT: Danny Sustaire, Wick Mc Kean, Dan Sears STAFF PRESENT: Building Official Coy, Development Coordinator Shirley Volk, and Board Secretary Susan Cole AGENDA ITEM NO. 1: Call meeting to order. The meeting was called to order by Jim Holster. AGENDA ITEM NO. 2: Swear in new board members. City Councilman Fred Brown swore in new board members Paul Swoboda, Bill Lewis, Pat Boyett, Jim Holster, and Tom Wilson. AGENDA ITEM NO. 3: Hear visitors. There were no visitors. AGENDA ITEM NO. 4: Approve minutes from meeting on May 21, 1992. Pat Boyett made a motion to approve the minutes from the meeting on May 21, 1992. Tom Wilson seconded the motion and passed(5-0). AGENDA ITEM NO. 5: Public hearing for variance request for lot 9 block 2 of Pecan Tree Estate Subdivision. Building Official Perry presented the staff report to the Board. Mr. Perry stated the applicant would like to build a washateria without bathrooms in the building; however the Standard Building Code requires a bathroom. Mr. Perry stated that the property is low income housing in a community development program. He went on to say that the installation of a restroom would make it safer for residents doing laundry, i.e. less chance of theft and violence. Tom Wilson asked if there is a stipulation for source of water in the facility. Coy Perry replied that there has to be a drinking water fixture. Bill Lewis asked if a lavatory is required. Mr. Perry stated that there will have to be one service sink or one drinking fountain. Jim Holster opened the public hearing for anyone to speak for or against the variance request. Doug Pederson, owner of Twin City Development, approached the board to speak in favor of the variance request. Mr. Pederson explained that Twin City Development owns 20 duplexes on Oney Hervey. The duplexes have only washer connections which is the reason Twin City Development wants to build a the washateria. The proposed project is an effort to improve the neighborhood. He said he had discussed the project with the legal and building departments when the dispute about the restroom occurred,with the result being preparation of the development agreement handled out before the meeting. Mr. Pederson went on to say the development agreement is prudent to the city, since this will be a commercial use in a residential zone. He stated the building would have a key access only for the residents with an exit only backdoor. He said the Standard Building Code considers this a public facility but the development agreement with the city defines the relationship between the facility and duplexes as a "development" and therefore it is not a public facility. Bill Lewis expressed concern for health and safety of children whose parents were doing laundry for several reasons including lack of facilities encourages going to the bathroom outside; lack of handwashing facilities is dangerous because accidents and spills of washing compounds and chemicals could occur and water for cleaning skin and eyes would be necessary; and lack of attendant on duty could encourage theft and vandalism. Tom Wilson asked how use of the facility will be limited to tenants and about the possibility of becoming a commercial business in the middle of this residential neighborhood. Mr. Pederson said the tenants' key that fits the duplex will also fit the laundry facility. He also stated outside lights will be installed and directed patrols will be done by the police department in order to keep as much control as possible. He added that without the washateria, the duplexes would have to be redesigned to accommodate the dryers, and an effort will be made to limit the use to tenants only. Paul Swoboda asked Coy Perry if every apartment complex has the same plumbing requirement. Coy Perry answered yes. No one else spoke. Jim Holster closed the public hearing. AGENDA ITEM NO. 6: Consideration of the above variance request. Pat Boyett stated the Board has guidelines that need to be followed. He read the following out of the 1988 Standard Plumbing Code: The Board of Adjustments and Appeals when so appealed to and after a hearing, may vary the application of any provision of the Code to any particular case when, in its opinion, the enforcement thereof would do manifest injustice, and would be contrary to the spirit and purpose of this Code or public interest, or when in its opinion the interpretation of the Plumbing Official should be modified or reversed. He went on to say he thought requesting Twin City Development to comply with the Standard Plumbing Code was not an injustice. He said the possibility of people using the outdoors as a bathroom will cause a health and safety risk to the tenants. CBA Minutes July 10, 1992 Page 2 Bill Lewis said he feels very strongly that sanitary standards need to be met. Tom Wilson stated if the Board grants this variance, this case could set a precedent. Doug Pederson stated he did not realize that all apartment complexes with washaterias had to have a restroom and agrees with that requirement if it is standard operating procedure. He said his company wants to provide an amenity. Pat Boyett made motion to deny the variance request because to authorize this variance would be contrary to public safety, health, and general welfare and be in violation of Standard Plumbing Code 922.2. Torn Wilson seconded the motion which passed(5-0). AGENDA ITEM NO. 7: Other Business. Mr. Boyett asked about the use of ash in concrete. Building Official Perry replied it is primarily a cold weather treatment, but it can also be used to absorb some of the heat. Jim Holster stated it is not a violation of the Standard Building Code to use in the winter or the summer. Paul Swoboda stated that are several grades of ash and said Type C ash can be used as a filler with cement. He referred anyone interested in learning more to call TMPA. Tom Wilson inquired as to what happened with the Hecox house. Coy Perry stated he believed the house was completed. Mr. Wilson also asked about the Eastmark property and Mr. Perry stated he hasn't heard anything since the meeting. AGENDA ITEM NO. 8: Adjourn. Tom Wilson made a motion to adjourn the meeting. Bill Lewis seconded the motion and was carried (5-0). APPROVED: Chairman Dan Sears ATTEST: /L)Aalk- e0 Board Secretary, Susan Cole CBA Minutes July 10, 1992 Page 3