HomeMy WebLinkAbout11/06/1996 - Regular Minutes - Construction Board of Adjustments MINUTES
CONSTRUCTION BOARD OF ADJUSTMENTS
November 6, 1996
6:30 P.M.
Council Chambers
MEMBERS PRESENT: Chairman Dan Sears,Vice Chairman Wick McKean,
Board Members; Glenn Thomas, Robert Mooney, George McLean,
Jean C.Bailey,James Holster,Bill Lewis
MEMBERS ABSENT: Board Member James Holster(dismissed himself early)
STAFF PRESENT: Building Official,Lance Simms, Council Liaison,Larry Mariott
Fire Marshal,Jon Mies, Legal Assistant,Roxanne Nemik
Building Technician,Lisa Hankins,Building Secretary,Melissa
Rodgers
AGENDA ITEM Na 1: Call meeting to order
The meeting was called to order by Chairman Dan Sears
AGENDA ITEM NO.2: Hear visitors for items not on agenda
Visitors present: Mr.&Mrs. Philip J.Trapani,Dale Christian,BiII Train, Stephen Hollas,however no
one had any other items to discuss.
AGENDA ITEM NO.3: Approve minutes from Construction Board of Adjustments and
Appeals Meeting on Friday,October 11, 1996.
Wick McKean motioned to accept the minutes,Robert Mooney seconded the motion,The Board concurred.
(7-0)
AGENDA ITEM NO.4: Consider Variance request 96-004 for modification to the 1994
Standard Building Code, (Table 500)that limits type VI unprotected residential construction to two(2)
stories unless a sprinkler system is installed. Also, Chapter 3,Amendment No. 14 of the Code of
Ordinances which states: "An approved sprinkler system shall be provided in all structures where the total
building area exceeds fifteen(15,000)square feet and in all structures exceeding two(2)stories in height."
CONSTRUCTION BOARD OF ADJUSTMENTS AND APPEALS
November 6, 1996
Minutes
At this time,Mr.Hollas interjected to the board members that he was asking for two separate requests.
One,for clarification of the interpretation of the code,and two, for a variance if the board decided to
uphold the Building Officials interpretation of the code. The Board accepted this request.
Lance Simms took the floor to explain the events leading up to the variance request. He explained that the
building plan submitted and approved for review indicated a two-story home with an unfinished attic plans
for 5012 Augusta Circle. It was later discovered,during a plumbing rough-in inspection,that the
structure was not being constructed according to the approved plans. A full bath and office was being
constructed in the attic area. The Building Official notified the contractor of the situation,and informed
him of his options.
There was a lengthy discussion regarding the word"and"that appears in Amendment No. 14 of The Code
of Ordinance,which Roxanne Nemik reviewed for the applicants and the board members. According to
the applicant it had been an area of confusion in the interpretation of the code.
At this time,Jon Mies took the floor to discuss the intent of Amendment No. 14. He stated single family
homes were never intended to be excluded from the requirements of this amendment.
Dan Sears opened the meeting to the public
Mr.Hollas took the floor to explain to the board members that it was not the intent of the owners or anyone
else to evade the Building Department in the finish-out of the attic space area and that the Building
Official had interpreted the code incorrectly. He asked the board to rule that the Building Official had
incorrectly interpreted the code.
Dan Sears closed the meeting to the public
After board discussion,Jean C. Bailey motioned to accept the Building Officials interpretation of the code,
Wick McKean seconded,the board voted,(6-1)in favor of the motion.
Since the interpretation of the code was accepted,the next order of business was to discuss the variance
request.
Dan Sears opened the public hearing
Mr.Hollas took the floor to explain the disadvantages of not granting the variance request for his clients.
Mr.Trapani took the floor to explain that they had not intended to build their house without complying
with the code,and at this time it would be financially unrealistic to sprinkle the structure or tear out the
existing plumbing work on the third floor.
Dan closed the public hearing
After board discussion,Wick McKean motioned to grant the variance,George McLean seconded,the board
voted(6-1)in favor of granting the variance.
CONSTRUCTION BOARD OF ADJUSTMENTS AND APPEALS
November 6, 1996
Minutes
page 2
AGENDA ITEM NO.6 Other Business
There was no other business to discuss
AGENDA ITEM NO. 7 Adjourn
APPROVED:
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ATTEST:
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wilding Technician: Lisa Hankins
CONSTRUCTION BOARD OF ADJUSTMENTS AND APPEALS
November 6, 1996
Minutes
page 3