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HomeMy WebLinkAboutMinutes Building Code Board Of Appeals - 01/14/2016 - Special SPECIAL MEETING MINUTES Building Cade Board of Appeals Thursday, January 14, 2016 L Call to Order: 1:28 pm II. Roll Call: Present: Garry Camp,Ramiro Munoz III PE, Robert Knowles PE.Ray.Tones, Steven McClure, and Chuck Anastos. Absent:Randy Farrar(showed up after roll call) City Staff Legal—Lisa Aguilar; Building Official- Gene Delauro, Board Secretaries: Jessica Gonzalez and Criselda Aguirre, Nueces County Parks—Mr. Scott Cross III. Citizen Appeal of City-Approved Drainage Plan at 14614 Villa Maria Isabel,Corpus Christi,Texas 788418 ■ Chairman -Mr. Chuck Anastos referred to Item 3 and announced that Board member Mr. Ramiro Munoz III was abstaining from the discussion and would not participate in this discussion based on a conflict of interest; Mr.Munoz is the Engineer of Record for the construction project in question,Mr.Munoz recused himselffrom the Board discussion and the City's legal representative, Ms. Lisa Aguilar, clarified that Mr. Munoz could remain in the room as long as he sat in the audience, he was not asked to,leave the room. Mr. Munoz sat in seating for the public, • Staff presentation of the citizen appeal of a city-approved drainage plan for construction o f a new single family residence at 14614 Villa Maria Isabel, Corpus Christi, Texas 78418, The Contractor/Owner of Record is Mr. Richard Dobson. Mr. Gene Delauro, Building Official, stated initialplans were reviewed and staff denied the initial application due to the storm water drainage design— the plan proposed to discharge site storm water from the northern 1/3 of the property onto the County Park land. Staffs determination was all storm water should be designed to discharge towards the street(front)side of the property.Mr.Munoz submitted a written letter prepared by the Nueces County Coastal Parks Department, giving approval to allow storm water discharge onto County property (.backside of the property).The letter was evaluated by City staff, the building permit was approved and construction began. ■ As requested by board member, Steven McClure, Mr. Delauro pointed to a zoomed-in image of the lot and stated the rear 1/3 of the lot was designed to drain through an 8-inch drain through a retaining wall on the rear side of the lot onto County Park property. The remainder 2/3 of the lot was designed to drain into the City's storm water system on the front side of the property. City policy dictates all storm water drainage shall be discharged to an approved location and no drainage easement exists on the rear of the lot. A copy of the County's letter was provided in today's packet. Based on the approval letter provided by the Nueces County Coastal Parks, the City approved the drainage plan and subsequently issued the building permit. ■ Mr. Al Lizakowski provided photo images of standing water in the park area directly behind his property. He stated a proposed boat-ramp on the rear ofMr. Dobson's property is primarily contributing to the flooding on his property and in the County Park. Mr. Lizakowski provided a letter from Mr. Glen R. Sullivan with Nueces County Public Works Department stating the park area behind his home is a designated wetland. Mr. Lizakowski presented this letter as proof that the City is allowing storm water discharge to drain onto a known wetland. He would like to see the drainage system re-routed to the city's storm water system on the front (street) side of the property. He stated the elevation levels of Mr. Dobson's property are essentially causing water to collect in the park area, up to afoot deep and can take weeks to drain off andfeels it not only impacts him and his property, but the County park as well. He also claimed flooding had never been an issue in the past until this new construction began. • Mr. Delauro stated site elevations were essentially the same prior to construction and believes flooding was already an issue prior to the new construction based on review ofphotos and drawings dated 2011. ■ Legal advisor Ms. Aguilar, recommended someone speak on behalf of the Contractor/Owner(Mr. Dobson). Give this is a time-sensitive issue, Mr,Munoz opted to resign from the board in order to speak as the Engineer of,lZecord on behaf of his client.. ■ A break was taken at 1:52pm to allow Mr. Munoz to formally resign through the City Secretary's off ce from his position as board member of the Building Board Code ofAppeals. This action was approved and confirmed by City legal advisor Ms. Aguilar. ■ The meeting was called back in to order at 2:10pm. A quorum was reestablished and Mr. Munoz's formal resignation was confirmed by legal advisor, Ms. Aguilar and was now allowed to speak on his client's behak. ■ Mr.Munoz responded in regards to the proposed boat ramp on Mr. Dobson's property-he stated no changes have been made to the sod in that area nor to the park area in regards to drainage. Mr. Munoz also stated that a French drain had been installed on his client's property 20+years ago and Mr,Dobson had it excavated and moved to have it connected to the city's drainage system. Mr. Munoz also stated Mr. Dobson installed a retaining wall at his expense to accommodate Mr. Lizakowski, Mr. Munoz suggested that Mr. Lizakowski consider elevating his own property on all three sides to make up for the almost 2.5-foot drop to help resolve the flood issue. Mr. Munoz also stated that his client does have sanctioned access to the parks as the other residents in that area. ■ Mr. Scott Cross of the Nueces County Coastal Parks presented maps of the delineated wetlands data collected by Naesmith Engineering. He stated all property owners have always had access to the park and has just recently been declared as sanctioned access in February 2014. According to Mr. Cross;, the map shows the jurisdictional wetland to reach to neighbor, Mr. Eden's property; however„ he feels recent historic rainfall amounts makes him believe the wetland delineation lines may expand into the park area,judging by the recent vegetation growth in the area. ■ After much deliberation regarding the delineated wetlands, boat ramps,property owner's sanctioned access to the parks,property elevations around the park and the drainage issue at hand„ it was determined the drainage issue has been a problem for many years prior to the new construction of this home. Mr. Delauro stated the drainage issue may be a civil matter between Nueces County Parks and Mr.Lizakowski, ■ A motion was made by lay Jones in support of the City's permit to build, in agreement with the City's recommendation to allow storm water discharge from the rear 113 o f the lot to drain onto County Park property — in hopes of not costing the new homeowner additional expenses after the construction is complete since the construction project is nearly 70% complete. Gary Camp seconded the motion. The board agreed that the flooding is not inf uenced solely by the construction of this home. They believe flooding was apre-existing issue —Mr. Dobson's property, Mr. Lizakowski's property, as well as surrounding areas are all contributing to the flooding issue. Chairman Mr. Anastos called for a vote and passed unanimously and no one abstained. IV. Public Comments ■ Jeri Morey discussed(3)policy recommendations:. o Approved as Modified a Grades on site Plan,for one and two family dwellings o IEBC Interpretations ■ Board members may not deliberate or make a decision on any matter presented at this time. ■ The Open Meetings Act limits Board response to only three options: o a statement of specific factual information in response to the inquiry, o a recitation of existing policy in response to the inquiry; or o advising a citizen that the matter will be placed on an agenda at a later date. V. Adjourn: 3:05 pm Presiding Officer