HomeMy WebLinkAbout03/08/2004 - Regular Minutes - Construction Board of Adjustments
MINUTES
CONSTRUCTION BOARD OF ADJUSTMENTS AND APPEALS
8 March 2004
6:00 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, Development Manager Natalie Ruiz,
Fire Marshal Eric Hurt, Fire Prevention Officer Steve
Smith, First Assistant City Attorney Roxanne Nemcik
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,
February 2, 2004.
Dan Sears asked the Board if anyone was ready to make a motion.
George McLean motioned to approve the minutes.
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Frank Cox seconded the motion.
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 11990 Old Wellborn
Road, College Station, Texas. The applicant is Hartzell
Elkins, owner.
Steve Smith, Fire Prevention Officer, took the floor. Steve stated that this item
was for consideration of variance case #03-812, a request to modify Section 508.5
(Fire Hydrant Systems), 2000 International Fire Code (IFC). Steve said that the
applicant is requesting a variance to the fire hydrant location requirement as
outlined in the IFC. He said that Section 508.5 of the IFC requires a hydrant within
300 feet of a building constructed within the City. Steve continued by saying that
this variance case involves a proposed commercial building to be located at 11990
Old Wellborn Road. He said the address 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 IFC.
Steve said that the area in question is currently served by Wellborn Special Utility
District via a 4" water main that is not capable of providing the volume of water to
meet the City's fire flow requirements. He said the hardship, in this case, cited by
the applicant is that the current water main would not support the fire flows
required by the city. Steve said that the applicant was informed of a possible short
term alternative by then Fire Marshall Jon Mies. He continued by saying that a fire
sprinkler system installed to the requirements of NFPA 13 would give a
reasonable expectation to suppress a small fire and hold it in check until the arrival
of fire apparatus. Steve stated that the installation of a fire sprinkler system would
not negate proper spacing of fire hydrants at this location when adequate water
supply is provided. He said that it was his understanding that the applicant is not
willing to install a fire sprinkler system at this time.
Steve concluded by stating that staff's recommendation is denial of the variance
request.
Dan Sears opened the public hearing.
Dan Sears asked if anybody would like to speak in favor of the request.
Hartzell Elkins, property owner, took the floor. He stated that he is the owner of
A-1 Storage on Wellborn Road. He showed the Board where the proposed
buildings were to be built on his property. He said that he would like to finish his
project as planned prior to annexation. He said that it was his understanding that
. he could continue construction on anything started prior to annexation as long as
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he had permits. He stated that he was willing to install a fire hydrant when
sufficient water flow is made available.
The Board directed several questions to Mr. Elkins concerning the project and the
permits that he possessed.
Dan Sears asked if anyone would like to speak in opposition to the request. No
one came forward.
Dan Sears closed the public hearing.
Dan Sears asked if the Board was ready to make a motion.
Shawn Slocum asked about the option of installing a fire sprinkler system. Eric
Hurt, Fire Marshall took the floor. Eric addressed Shawn's question and explained
that most fires are contained by a few sprinkler heads. He reminded the Board that
this variance request was similar in many ways to the recent request submitted by
the new carpet store on Old Wellborn Road. Eric said that the carpetstore
received a variance on the fire hydrant requirement, but did agree to install a fire
sprinkler system.
Mike Lane made a motion to deny the variance. Frank Cox seconded the motion.
The motion was denied unanimously (5-0).
AGENDA ITEM NO.6:
Public hearing, presentation, discussion and possible
action on a proposed ordinance amending Chapter 3
"Building Regulations" of the Code of Ordinances by
amending Section R302 of the 2000 International
Residential Code.
Lance Simms, Building Official, took the floor. Lance began stating that on 2
February 2004 the Construction Board heard a presentation from staff concerning
projections over common property lines in association with zero lot line
construction. Lance said that as a result of that presentation,lheBoard directed
staff to prepare ordinances that would allow projections over common property
lines and make changes to the, Unified Development Ordinance (UDO), to provide
consistent language between the codes. He said that, subsequent to the last
Board meeting, staff met (inddrafted the ordinances.
Lance directed the Board's attention to the first ordinance (exhibit A) which
amends Section R302.1, 2000 IRC, to allow projections over the property line in
association with zero lot line construction. He said the ordinance limits projections
to 18 inches, excluding non-combustible gutters, and requires non-combustible
material on the underside of projections over the. lot line.; Lance continued by
saying that the ordinance also prohibits combustible construction, except for a
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wood fence, or the storage of combustible material in the "maintenance easement"
as defined in article 11 of the UDO.
Lance then referred to the second ordinance (exhibit B) which amends Article 8 of
the UDO to establish zero lot line construction and modifies the language under
"eves" to make the UDO consistent with the IRC amendment. He said the
ordinance also requires a maintenance easement of 7.5 feet in conjunction with
zero lot line development and requires zero lot line construction to be on the lot
line.
Lance reminded the Board that, at the 2 February meeting, they also discussed.
the possibility of amending the UDO to Iimitthe ZBA's authority to issue side
setback variances on lots associated with zero Jot line construction (proposal Bas
presented). He said that this approach was viewed as a possible remedy for the
remaining undeveloped zero lot line lots. Lance continued by saying that after
further consideration, staff feels like the fire risk associated with the few
undeveloped lots is negligible. He stated that this. approach did not address the
issue of combustible storage or combustible construction between structures.
Lance. continued by saying that staff did not prepare an ordinance pursuing
proposal "B." He did point out that it was important to note that the proposed .IRC
ordinance, as presented, would allow projectioIlsover a common property line for
all.zero lot line developments, existing and future.
Lance said that staff feels like the proposed ordinances would provide for an
effective way of allowing projections beyond common property lines without
compromising fire protection concerns. He reminded the Board that the ordinance
amending the IRC will have to be approved by the Construction Board before
being presented to City Council for adoption. He said that the ordinance
amending the UDO was approved by the Plannjng & Zoning Commission at their
regular meeting on 4 March 2004. Lance said that should the Construction Board
decide to approve the ordinance amending the IRC, staff will forward it, along with
the UDOamendments, to City Council for adoption.
Lance referenced a color handout that visually displayed a typical zero lot line
development with a 7.5 feet maintenance easement. Lance then reviewed both
ordinances (the IRC amendment and the UDO amendment) with the Board.
Lance concluded by stating that staff recommends that the Board vote to formally
approve the ordinance amending the IRC, allowing projections over a common lot
line in association with zero lot line construction.
Dan Sears opened the public hearing atthis time.
Dan Sears asked if anybody would like to speak in favor of the request. No one
spoke.
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Dan Sears asked if anyone would like to speak in opposition to the request. No
one came forward.
Dan Sears closed the public hearing.
Dan Sears asked if anyone was ready to make a motion concerning this agenda
item. .
Frank Cox made a motion to accept staff's recommendation as stated. George
McLean seconded the motion.
The motion was approved unanimously (5-0).
AGENDA ITEM NO.7:
Consideration, disclJssion and possible action on future
agenda items
No items were presented.
AGENDA ITEM NO.9:
Adjourn
George McLean motioned to adjourn.
Frank Cox seconded the motion.
The motion passed unanimously, (5-0).
The meeting was adjourned.
APPROVED:
Chai~
ATTEST:
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Staff A stant: Stacey An~th. ..
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