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Home My WebLink About09/29/2003 - Regular Minutes - Construction Board of Adjustments MINUTES CONSTRUCTION BOARD OF ADJUSTMENTS AND APPEALS 29 September 2003 7:00 P.M. City Hall Council Chambers MEMBERS PRESENT: Chairman Dan Sears, Commission Members Frank Cox, Mike Lane, Shawn Slocum, Alternate Kevin Kuddes MEMBERS ABSENT: Vice Chairman George McLean STAFF PRESENT: Building Official Lance Simms, Assistant City Attorney Angela Deluca, Action Center Representative Regina Kelley, Fire Marshal Jon Mies, Assistant Chief 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, May 19, 2003. Dan Sears asked the Board if anyone was ready to make a motion. Frank Cox motioned to approve the minutes. Kevin Kuddes seconded the motion. 1 of 5 "CONSTRUCTION BOARD OF ADJUSTMENTS AND APPEALS September 29, 2003-Minutes The motion passed unanimously, (5-0). AGENDA ITEM NO. 5: Public hearing, presentation, discussion and possible action concerning a variance request to section 508, 2000 International Fire Code, at 17155 Rock Prairie Road, College Station, Texas. The applicant is Robert K. Bonnet, Property Owner. (Variance Case # 03-2935) Dan Sears asked staff to brief the Board on the request. Jon Mies, Fire Marshal, took the floor. Jon stated that the applicant is requesting a variance to the fire hydrant location requirement as outlined in the 2000 international Fire Code, section 508.5. Jon said the property in question is zoned AO. He stated that the variance case involves a proposed 3,050 square foot (heated) single family residence to be located on a 12.5 acre tract at 17155 Rock Prairie Road. Jon said that the tract is part of an area that was recently annexed by the City of College Station and does not have the fire hydrant coverage required by the 2000 IFC. Jon continued by saying the area in question is currently in the CCN for Wellborn Water, but there are no water lines in the area and the property receives domestic service from a private well that is not capable of providing adequate fire flow. He said the City is in negotiations with Wellborn to take over the CCN, but no timeline has been developed. Jon stated that there is currently a 1,568 square foot 1981 Fleetwood manufactured housing unit on site. He said the property owner has agreed with staff to remove the manufactured housing unit when the new home is completed. Jon stated that staff has brought up the idea of a residential sprinkler system to the applicant, but the applicant feels the option is cost prohibitive. Jon said that staff recommends approval of the variance request, with the following conditions: the applicant agrees to remove the manufactured housing unit from the property within 60 days from the issuance of a certificate of occupancy (CO) on the residence and a conditional CO is issued on the residence stating the manufactured housing unit shall be removed within 60 days. Dan Sears asked if anybody had questions. There were none. Dan Sears opened the public hearing and asked if anyone would like to speak in opposition of the item. Dan Sears asked if anyone else would like to speak in favor of the item. Kenneth Bonnet, property owner, took the floor. Mr. Bonnet thanked Jon Mies for making the case. He then asked the Board for a favorable consideration of his request. 2 of 5 "CONSTRUCTION BOARD OF ADJUSTMENTS AND APPEALS September 29, 2003-Minutes Dan Sears asked if anyone would like to speak in opposition to or in favor of the item. No one came forward to speak. Dan Sears closed the public hearing. Frank Cox made a motion to accept staffs recommendation and approve the variance. Mike Lane seconded the motion. The motion was approved unanimously (5-0), AGENDA ITEM NO. 6: Public hearing, presentation, discussion and possible action concerning a variance request to section R302, 2000 International Residential Code, at 4765 Stonebriar Circle, College Station, Texas (lot 17, block 16, Pebble Creek Phase IIA). The applicant is Edward E. Stokes, Builder. (Variance Case # 03-2933) Lance Simms, Building Official, took the floor. Lance stated that the applicant is requesting a variance to allow an 11 'fix inch overhang beyond the lot line for a single family home planned for construction on an interior lot line. Lance said that section R302 of the 200 International Residential Code provides details related to the building's location on the property, including the fire rating of exterior walls, permitted openings in the wall, and limitations on projections. He said the code assumes that the owner has no control over the adjoining property, therefore, the location of structures on the owner's property requires regulation relative to the property line. He continued by saying that the property line concept provides a convenient means of protecting one structure from another with respect to fire exposure. Lance defined exposure as the potential for radiant heat transmission from one structure to another in a fire event. Lance said that section R302 requires exterior walls that are located less than 3 feet from a common property line to be of 1 hour rated fire resistant construction. He said that section R302 also regulates projections with respect to the property line and prohibits building components, such as overhangs, to project beyond the property line. Lance said that under "special conditions" on the variance application, the applicant states that the overhang is needed to protect against roof leakage in the event of a blowing rain. He continued by saying that the applicant also states as a "hardship" that the appearance of the house would be hurt without the roof overhang. Lance stated that the application also states that 15 or more homes in the area have projections over the lot line to some extent. In conclusion, Lance said that the subdivision covenants for the subdivision where the house is proposed (Pebble Creek , Phase 2-A) provides for a 24-inch aerial 3 of 5 "CONSTRUCTION BOARD OF ADJUSTMENTS AND APPEALS September 29,2003-Minutes easement along the zero lot line for the purpose of allowing the eave of a residence to occupy said space. Lance said that staff recommends denial of the variance request. Dan Sears opened the public hearing and asked if anyone would like to speak in opposition to the item. No one came forward to speak. Dan Sears asked if anyone would like to speak in favor of the item. No one came forward to speak. The Board discussed the item. Mike Lane made a motion to approve the variance. No second was made. The motion died for lack of a second. Frank Cox made a motion to uphold the staff recommendation to deny the variance. Kevin Kuddes seconded the motion. The motion failed (3-2). Mike Lane made a motion to table the item. Frank Cox seconded the motion The motion was tabled unanimously (5-0), AGENDA ITEM NO. 7: Consideration, discussion and possible action on future agenda items No items were presented. AGENDA ITEM NO. 8: Adjourn Frank Cox motioned to adjourn. Mike Lane seconded the motion. The motion passed unanimously, (5-0). The meeting was adjourned. 4 of 5 "CONSTRUCTION BOARD OF ADJUSTMENTS AND APPEALS September 29,2003-Minutes APPROVED: Chairman: Dan Sears ATT ST; tall As i tant: St=n Smith 5 of 5