HomeMy WebLinkAboutMinutes Building Code Board Of Appeals - 08/16/2018REGULAR MEETING
Building Code Board of Appeals
Thursday, August 16, 2018
MINUTES
I. Call to Order: 1:31pm
II. Roll Call:
A. Present: Hilary Davis, Randy Farrar, Chuck Anastos, Ramiro Munoz
B. Absent: Garry Camp, Robert Knowles
C. Staff: Gene Delauro, Building Official; Kristy Glick, Board Secretary; Yvette Dodd,
Floodplain Manager
III. Approval of Minutes: Regular Meeting held on May 17, 2018
A. Tabled until November 15, 2018 meeting
IV. Approval of Absences: Regular Meeting held on May 17, 2018
A. Tabled until November 15, 2018 meeting
II. Ramiro Munoz requested a copy of the file related to Seaside Rectory on North Beach, with a
variance approved by the Building Code Board of Appeals several years ago. Staff will research
our records and provide.
V. Floodplain Management Update, Yvette Dodd, Floodplain Manager
A. Yvette discussed preliminary floodplain maps, the City’s appeals to FEMA on the
preliminary maps, proposed higher standards for participation in the National Flood
Insurance Program: LiMWA, Freeboard, Non-Conversion Agreement and Cumulative
Substantial Improvement/Damage
VI. Appeal of Section 14-551-6 of the city’s Flood Hazard Reduction Code by Red Dot Pier- 11801
South Padre Island Drive
A. Gene Delauro gave background on the activity that led Red Dot Pier to seek an appeal.
Development Services received a roofing permit request, including plans prepared by an
engineer, with an intake date of July 20, 2018. Upon review, staff determined that the
scope of work did not match the work performed on the site; staff took photos of the work
being performed on the building. During the Flood Review, it was determined the cost of
repairs exceeded the appraised value of the building, per the Nueces County Appraisal
District, and determined the building must brought up to current FEMA standards per
Flood Hazard Reduction Code Section 14-551-6.
B. Board and staff members discussed how much damage was due to Hurricane Harvey
and how much due to lack of maintenance, which staff could not assess without further
information from FEMA. Board members inquired how far below base-level elevation the
structure is and staff did not offer a guess in the absence of an elevation certificate. It
was determined when the building was built the land fell under Nueces County authority
and may not have had flood standards for structures at that time. Board members raised
concerns that requiring the structure to be brought to code might impose such financial
hardship on the owner that may lead to abandonment the property. Concerns were raised
that granting a variance might create a dangerous precedent, but those concerns were
dismissed due to the age of the building, the fact it was not built under City jurisdiction,
and the lack of floodplain enforcement for structures at the time. Concerns were raised
about dangers to the public created by the building if it failed during a storm, but it was
determined due to the size and location of the structure, it was unlikely. Staff clarified that
the Texas GLO is not responsible for bringing the building up to code if the current tenant
vacates the property, and it would be the responsibly of the next tenant. Board members
asked if annexed properties were grandfathered in with building standards at the time
they were built and staff answered in the affirmative.
C. Motion to approve: Chuck Anastos, Second: Ramiro Munoz
Motion passed unanimously
D. Ramiro Muniz made a m otion to amend the previous motion to specify the only variance
approved is for the 50% requirement to bring the building to FEMA standards, all other
permit requirements must be followed, including providing an elevation certificate as a
condition of permitting. Chuck Anastos agreed to the amendments.
Amended motion passed unanimously.
VII. Discussion of City Affordable Housing Initiative
A. Gene Delauro explained the proposed Affordable Housing Program, which grants rebates
to builders on permit and other fees for properties sold at certain price points.
VIII. Public Comments
A. None
IX. Building Official’s Report
A. Department Updates
B. UDC Text Amendments
C. Cost of Service Study Update
D. Designer Workshops
E. Permit Recap 2018 to date
X. Identify items to be placed on next agenda
A. Continuous Vertical Members, based on appeal heard at May meeting
XI. Adjourn: 3:33pm