HomeMy WebLinkAboutMinutes Building Code Board Of Appeals - 02/18/2016 REGULAR MEETING
Building Code Board of Appeals
Thursday, February 18, 2016
MINUTES
I. Call to Order: 1:30pm
II. Roll Call:
Present: Garry Camp, Robert Knowles, Ray Jones, Randy Farrar, Chuck Anastos, Ramiro
Munoz, 111
Absent: Steven McClure, no reason given
Staff. Gene Delauro, Criselda Aguirre, Yvette Dodd, Aimee Alcorn — Legal Representative
III. Approval of Absences: December 03, 2015 - Steven R. McClure and Chuck Anastos
Motion to approve absences was made by R. Knowles and seconded by R. Farrar, none
opposed.
IV. Approval of Minutes: August 10, 2015 , September 17, 2015, December 3, 2015
Motion to approve minutes was made by R. Farrar and seconded by S. McClure, none
opposed.
V. Appeal of the Building Official's decision for denial of permit for Airgas at 4817 Agnes
Street Building #4, based on foundation design and WPI requirements.
Gene Delauro, Building Official, gave staff presentation on Item# V.
The Appealing party, Airgas, LLC has submitted documentation which shows their compliance
with the wind load requirements and has also submitted design plans for the Morgan Building
to sit on a block and pad type of foundation with the appropriate anchoring. This building is 200
square feet and its occupancy limit is two individuals. The building will be used as a support
building for their operations. G. Delauro stated the current city policy states all buildings shall
be installed in such a manner that complies with TDI standards and foundation requirements.
During the discussion amongst the board-members and appellant, it was determined that. The
building meets separation requirements from the adjoining property. The engineer of record
should be the one to certify that the existing foundation can withstand the proper loading. The
proposed tie-downs will not suffice. A TDI Certified Windstorm Engineer needs to review and
stamp the plans to certify the foundation design is up to standards. Not all structural engineers
are windstorm certified engineers. A waiver is only intended to waive the TDI Insurance — it
does not waive Windstorm requirements. All Windstorm requirements must still be met.
A motion was made by S. McClure and seconded by R. Farrar in agreement with Staff's
decision to deny this permit. All in favor, none opposed.
VI. Discussion and possible action on unpermitted light gauge aluminum carports.
Gene Delauro, Building Official, gave staff presentation on Item# VI-
A number of light gauge, aluminum framed, carports have been installed without permit within
city limits. These carports have not been permitted so they are improperly installed and do not
meet windstorm loads and cause zoning issues due to the front set-back installation. Roughly
estimated, there are anywhere from 800-2500 illegal carports within the city. Some citizens
have followed the proper procedure of requesting a permit and submitting site plans for where
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they would like to install their carport. Often times after the review of their site plans, their
permits are denied due to zoning conditions that do not allow a front set-back carport. Problem
were are facing is those that did not follow the permitting process get to keep their carports
and those that do follow the permitting process are denied and are not allowed to install their
carport unless they meet the zoning and windstorm specifications. A memo has been sent to
the City Manager, Ron Olson, regarding this matter, and his suggestion was for G. Delauro to
deliberate this with this board and write a recommendation back to the City Manager with
some options to resolve this issue. Since the year 2000, an estimated 90% of the carports are
not permitted. Companies that install these types of carports cannot be fined, as it is the
homeowner's responsibility to get the appropriate permit. The purpose of this type of carport is
to protect a vehicle investment, but in about 40% of the properties that have been analyzed
recently, the homeowner has illegally enclosed their garage (without permit) and used it as
conditioned space and have installed a non-permitted carport to protect their vehicle. He
believes this is the result of lack of code enforcement. Unpermitted carports pose as a public
safety hazard. To get a more accurate number, plans are to compare a database report from
our records and a report from the Nueces County Appraisal District (NCAD) that would show if
a carport reported on an individual's property. We can then research that same address in our
database to see if a permit was issued prior to installation — these are the properties that we
are trying to address.
A motion was made to go with Alternative #1:
a. Require property owners to comply with existing zoning setbacks and building
requirements or remove the structure. No changes to Unified Development Code or
Building Code are proposed.
b. Require the property owners to first apply for a variance from the Zoning Board of
Adjustment and if a variance is granted then to require the owner to submit sealed
plans for tying down the carport.
The motion was made by R. Munoz and seconded by R. Farrar. All in favor, none opposed.
VII. Discussion of Building Code Determination Related to Replatting of Land
Chairman Chuck Anastos called for a 5 minute recess at 2:25pm
Once the meeting reconvened, Gene Delauro, Building Official, gave staff presentation on
Item# VII:
Building Code Determination Memorandum: "Two Family Duplex House re-platted into a Two
Family Attached Townhouse'; was read aloud.
The purpose for bringing this item to the board was to explain the reasons behind ending this
practice. In the past, developers and contractors have been reaping the benefits of a lower-
cost duplex construction versus a townhome construction. The correct procedure is to submit
the appropriate construction design documents, have the appropriate firewall, split utilities
properly and we can then run the building application and plat application concurrently so that
the applicant can build while the lots are being sub-divided. This will cost more money, but this
will prevent potential issues if the home is not built up to standards and causes sewer issues,
etc. Each unit has to meet an independent standard, ie: plumbing, water and utility systems.
Motion was made to approve was made by R. Knowles and seconded by R. Jones in support
of the Building Official's decision regarding this item. All in favor, none opposed.
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VIII. Discussion and possible action regarding Proposed Chapter 14 Higher Standards for
Flood Hazard Prevention Code
This item was tabled for a later date.
IX. Building Official's Report
A. Department Updates
■ New Interim Director of Development Services, Dan McGinn
■ Former Director of Development Services: Dan Grimsbo was moved to the
Utilities Department
■ New Sr. Project Manager, Steven Rhea
B. Permit Recap: January 2016
■ 68 New homes permitted. Estimated $11 million
■ 181 Residential remodels and additions
■ 23 New Commercial Buildings
■ 5 Commercial remodels and additions
■ Total permits issued in these categories: 366
X. Public Comments: None
XI. Identify items to be placed on next agenda:
■ Next Regular Meeting: None
■ Special Called Meeting: Discussion and possible action regarding Proposed Chapter 14
Higher Standards for Flood Hazard Prevention Code
XII. Adjourn: 2:47pm
Approved by the Board on 5/18/2016
Presiding Officer
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