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Home My WebLink AboutMinutes Building Code Board Of Appeals - 04/28/2005 IOW • - 1 1 i -- 67 8 910Di 4 .7 f • City ofRUG 2005 Corpus ,M RECEIVED FA Christi N CITY SECRETARY'S d�, OFFICE ca', BUILDING CODE BOARD OF APPEAL `'9z0 ^� ADVISORY BOARD MINUTES APRIL 28, 2005 Board Members Present: Johnny Cotten Richard Dodson Philip Skrobarczyk John Taylor Ronald Wheaton Board Members Absent: Bill Alford Staff Members Present: Alonzo Garza, Interim Building Official Joseph Harney, Assistant City Attorney Julie McCoy, Recording Secretary CALL TO ORDER • Chairman Johnny Cotten declared a quorum and called the meeting to order at 1:35 p.m. ROLL CALL The first item of business was roll call. Bill Alford was absent. EXCUSED ABSENCES Ronald Wheaton was not able to attend the meeting held on February 24, 2005 and requested that the board excuses his absence. A motion was made by John Taylor and seconded by Richard Dodson to excuse his absence. The motion carried. APPROVAL OR CORRECTION OF MINUTES—February 24, 2005 A motion was made to approve the minutes as written by Philip Skrobarczyk and seconded by Richard Dodson. The motion carried. SCANNED • Beard Minutes-APril 28 '�00� Page I oft' 'F`�f Foo. lei'it e..v!ce: Si'. 1exasIS46G_0_^ ZECF-:44+(: I 411010 VARIANCE TO THE CITY BUILDING CODE • On March 23, 2005, Mr. Isensee requested that the Building Code Board of Appeals vary the application of Section 903.2.7 —Chapter 9 described as Sprinkler System requirements (fire prevention sprinkler system) to install firewalls and/or separation (breezeways) in lieu of sprinkler system/fire hydrant. Appeal No. BCO 0305-01 Grady Isensee 211 S. Clarkwood Apartment Building 6 unit max History on property given by: Alonzo Garza, Interim Building Official • Building was a school and was converted into apartments • A special permit was granted a few years ago to allow them to convert the use • Two attaching additions have been made to the structure equaling a 6 unit apt. building • Mr. Isensee would have to comply with the current adopted building code as far as the fire prevention sprinkler system • Chapter 9 Section 903.2.7 states that auto sprinkler systems shall be installed Introduction by: Grady Isensee, owner of property • Purchased property from Tuloso Midway in 1994 • A zoning change and a special permit was obtained when the construction commenced • The City allowed Mr. Isensee to construct 14 units under the special permit • Wants to complete the building on the North. #15 &#16 • Recommendation by: Alonzo Garza, Interim Building Official • Arc fault protection in the sleeping areas • Smoke detectors installed with hardware and battery backup • Alternate means and methods After discussion amongst the board members, Philip Sckrobarczyk made a motion to eliminate the requirement for a sprinkler system for Mr.exits andIsensee l shr foeollow the wall separation).iThelResidential motion was Code and meet all requirements (bedroom seconded by John Taylor. Appeal BCO 0305-01 was granted at 1:55 p.m. Chairman Johnny Cotten made comments regarding the overall plan submittal that Mr. Isensee presented to the board. He stated that a decent set of plans should have been submitted to the City for review to meet the City's requirements. 411 Board Minute,April 2P.20G- page 2 of 6 '1W *11110 On April 15, 2005, 400 Mann Ltd C/O Jim Boller & Associates, Inc. requested that the Building Code Board of Appeals approve the following variance: Sprinkler system in lieu of a one (1) • hour firewall in the parking garage on the north wall, for the following reasons: To conform to the other three (3) sides aoking and garage eepleasingeto�he entrance of the n, more security to tenants in the downtown area and more aesthetic downtown area rather than a monolithic wall. This would be a variance to Chapter 34 Section 3403, paragraph 3403.1, Chapter 6, Table 602 & Chapter 7 table 704.8 described as: the requirement of fire separation distance from the property line and permitted openings on a fire wall within 3' of the property line. Appeal No. BCO 0405-02 400 Mann Ltd C/O Jim Boller & Associates, Inc. 400 Mann Street Beach lots 1 to 3 & 10 to 12 BK 27 Eleven Story office building History on property given by: Alonzo Garza, Interim Building Official • Property subject to variance is a Multi-story office building with an attached parking garage • Building was built to the property line • Fire walls are required along the west side of the building • The owners of the building have submitted alternate means and methods to reconstruct the North wall with openings • Old wall was solid/opaque with a 1 hr with no assembly • • North wall was compliant under the former building code • Owner had submitted their plans for a sprinkler system. City could not find a code section that would allow the modifications proposed. Based on their request, the submittal was denied Board Member, John Taylor made statements of concern: • The original appeal was made by BNP Properties requesting a variance for the 1 hr requirement • Original arrangements were made by the contractor • Code does not permit openings in the wall • Does not understand the purpose of this variance or why it has come back to the board Introduction by: Jim Boller, owner of 400 Mann Building • The building's name has changed to Bayview Tower • Peter Gavoyn and Jim Boller purchased the property in May 2004 • The previous appeal made by BNP was made without alternate measures and much thought • Went to Mody Boatright, Mechanical Engineer for alternate measures • Board Minures•April 28,2005 Page 3 of 6 410, `4140 Introduction by: Peter Gavoyn, owner of 400 Mann Building • Works at an architectural practice in Santa Barbara, California • • Thank the board for meeting and considering the appeal • Has been investing in property in Texas since 1994 • Has high standards on approaching a building • Projects that he is involved in are rehabbed and greatly improved • Wants to help the Bayview Tower look architecturally correct • Previous owner rehabbed only 3 sides of the building • Has plans to put in an atrium and landscaping and has l million dollars budgeted for this project • Black Tie Roses (the adjacent property) needs to be brought up to speed Comments by: Jim Boller • Pictures of the building and adjacent property (Black Tie Roses) were presented to the board • Fire department is within half a block away from the Bayview Tower Comments by: Mody Boatright, Mechanical Engineer (hired by Boller &Associates) • If the parking garage wall was replaced,there would not be good ventilation • Safety concerns • If a woman screams can she be heard? • Vandalism issues has come up as well as putting up a chain link fence around the property • Board Member, John Taylor made statements of concern: • Questioning why the owners and Mr. Boatright just do not build the wall back to code • People could throw a cigarette off onto the Reames' wooden structure and cause a fire Comments by: Peter Gavoyn, owner of 400 Mann Building • Hoping that Black Tie Roses will go away and then convert their property into a landscaped area and make the neighborhood attractive • Wants to be good neighbors • Paid Robin Reames, owner for Black Tie Roses $25,000 to have access to her property during the reconstruction phase of the Bayview Tower • Ms. Reamer' objections to the company's solutions has caused the project to drag on Comments by: Alonzo Garza, Interim Building Official • The City and the Building Code do not regulate beauty, privacy, partying, smoking • Board Minutes-April 2S,2005 Page 4 of There was a brief discussion amongst the board members at this time. 1111 Board Member, Philip Skrobarczyk made comments: • Proposed that Boller & Associates, Inc. do 2 levels of closed walls, open above and have it sprinkled • The transfer of fire is not a significant threat today Board Member, John Taylor made comments: • Disagree with Mr. Skrobarczyk's proposal • Believes there should be a wall constructed all the way up the side of the garage Board Member, Richard Dodson made comments: • Like the growth here in Corpus Christi • Does not want to cause any financial hardships • Likes the Glass wall idea • Is nervous about the wooden structure (referring to Black Tie Roses) Board Member, Ronald Wheaton made comments: • Wanted to know what the requirements for the top level of the parking garage were Philip Skrobarczyk was willing to make a motion to have Boller & Associates, Inc. build a wall on the 151 and 2"d floors and have the top level sprinkled. There was no second to Mr. Skrobarczyk's motion. Motion Denied • John Taylor made a motion to deny the appeal and have Boller & Associates conform to the Building Code. The motion was seconded by Richard Dodson. The board voted in favor 4 to 1. The motion passed unanimously with Bill Alford being absent. BOARD MEMBER RECOMMENDATIONS Board Members reviewed several Biographical Information applications that were provided by the City Secretary's office. Joseph Harney, Assistant City Attorney stated that the board has the right to make a recommendation to Council if there is a consensus. Council makes the decision of who is recommended. Chairman, Johnny Cotten received a letter from the City Secretary's Office stating that Richard Dodson's term was going to expire. Chairman, Co soon be vacantJulie (Building Industry &hperson rm the City Secretary's office of the two positions that ou d not connected with the Building. After the board reviewed the biographical information applications, they decided not to make a recommendation to City Council because all of the candidates that had applied for the two positions were qualified. • board Minutes-April 28,2005 Pape 5 of c ri BUILDING OFFICIAL'S REPORT by: Alonzo Garza • Hopes the Mann/Bayview Tower issue gets resolved • • The City ordinance states that an appellant has 31 days to appeal the board's decision. If a denial is appealed, it will then be taken to City Council for further hearing. If City Council denies the variance,the appellant's last resort is to take their case to litigation. • Development Services has hired one more Plans Examiner FUTURE AGENDA ITEMS There were none at this time. PETITIONS FROM THE AUDIENCE Introduction by: Robin Reames, owner of adjacent property (Black Tie Roses) • Has woken up in the middle of the night to falling debris from the Bayview Tower • Cannot use her driveway and has tried to make arrangements with BNP • Peter Gavoyn and Jim Boller have insulted her property • Has two children that live there • Safety concerns • The Building code does not allow openings in the wall Introduction by: Max Luther, Attorney &property owner Neighbors to Bayview Tower and Black Tie Roses • Has owned the property since 1879 • • Has not been paid to use his property • Does not want to be a good neighbor • The wall required on the parking garage serves a purpose • If the law is not enforced,they are taking value away from his land Introduction by: Jeri L. Morey, Architect • Independent to both sides • Made comments of building requirements and setback issues • Stated the winds per mile if a fire were to occur • Proposed a glass wall on the North side and a water curtain on both sides • If a glass wall was in place, the garage would still have light and a fire protection system ADJOURNMENT A motion was made to adjourn by Chairman Johnny Cot at 3 2l1 bopard mmembers seconded the motion. The motion carried and the meeting was adjournedDEPARTMENT OF DEVELOPMENT SERVICES • 41/14 • Interim Building Official/Plans Examiner Coordinator • ANS:Im H:buiIdint lu-2s45.mnLoa Payed-Cin Hall Bullar.Board Dinnburwn:(nigral mimra+rac600,a1 Dep Crn Sccman. Coy Menem.Asa.Con Mo,Io. F Bwldrn8 ORrcial.D10ono1 or Dr.<toprra'm Senxes Board Minutes-April 28,200 Pape o of 6 •r 411111, • ,o. uop et City of ba COITUS RECF�v w �a rsECR ED Christi .. oFficerrs w� 41 et Z6vt°ti6cb AGENDA PUBLIC NOTICE BUILDING CODE BOARD OF APPEALS The regularly scheduled meeting of the Building Code Board of Appeals of the City of Corpus Christi will be held Thursday, April 28, 2005, at 1:30 p.m. in the Development Service Center/3rd Floor Fire Conference Room. 2406 Leopard (at the Kennedy Street Entrance) 1. Call to Order 2. Roll Call 3. Approval or correction of minutes from February 24, 2005 and board members absences. 4. Variance to the City Building Code Appeal No. BCO 0305-01 Grady Isensee 211 S. Clarkwood Apartment Bldg. 6 unit max Appeal No. BCO 0405-02 400 Mann Ltd C/O Jim Boller&Associates, Inc. 400 Mann Street Office Building 5. Board member recommendation—Cliff Atnip(Realtor) 6. Building Official's Report 7. Discussion of any items to be put on future agendas. 8. Petitions from the audience. 9. Adjournment. DEPAR MENT OF DEVELOPMENT SERVICES onzo Garza Interim Building Official/Plans Examiner Coordinator H:bldg code of app-04-28-05 agenda Posten:City Hall Bulletin oo ;City Manager; n A SCANNEDOriginal minutes-notebook;City Manager;Asst.City Manager Legal Dept;City Secretary;Building official Development Services P.O. Box 9277 • Corpus Christi,Texas 78469-9277 • (361)880-3240 %.011%.0%mils APO City of ,Corpus ''Christi BUILDING CODE BOARD OF APPEALS ADVISORY BOARD MINUTES FEBRUARY 24, 2005 Board Members Present: Johnny Cotten Richard Dodson Philip Skrobarczyk John Taylor Board Members Absent: Ronald Wheaton Bill Alford Staff Members Present: Alonzo Garza, Interim Building Official Joseph Harney, Assistant City Attorney Julie McCoy, Recording Secretary CALL TO ORDER Chairman Johnny Cotten declared a quorum and called the meeting to order at 1:36 p.m. ROLL CALL The first item of business was roll call. Ronald Wheaton, and Bill Alford were absent. EXCUSED ABSENCES Philip Skrobarczyk was not able to attend the meeting on January 27, 2005 due to business, and requested that the board excuse his absence. A motion was made by Richard Dodson and seconded by John Taylor to excuse his absence. The motion carried. APPROVAL OR CORRECTION OF MINUTES—January 27, 2005 Chairman Johnny Cotten stated that on page 4-Open discussion Items, the minutes needed to reflect reference made to the Mann St. parking garage. The minutes should read: OPEN DISCUSSION ITEMS MANN BUILDING What has the city done to enforce corrections and to get the adjacent property owner up and running? Response: All parking on all floors that abut the adjacent property has been blocked off to reduce the potential risk of fire. B°a^MetoMini4§Micele '4 P.O. Box 9277 • Corpus Christi,Texas 78469-9277 • (361)880-3240 iI ® ON MANN BUILDING-Continued o Qe G�'�F\ yc m ;tic-C::-AGS- rn To protect the adjacent property, Barcom Commercial has put up semi temporary barriers. Robin Reams is currently not operating her business and she has made negotiations to have the wall demolished. Questions on life safety issues were raised regarding the Mann Building's open stairwell. Mr. Garza's comment on that was they are not in violation of the building code because there is nothing written in the code that requires stair ways to be sealed. How much time does the owner have left to complete the work? Response: They were given a 6-9 month timeframe, and they are still working within that window. There time will run out close to May of 2005. • There were questions regarding the accuracy of the minutes under the Mann Building open discussion items. The minutes state that Robin Reams, is currently not operating her business and she had made negotiations to have the wall demolished. • Mr. Cotten did recall discussing Barcom Commercial putting up semi temporary barriers to keep people from being to close to the edge. • Robin Reames, owner and adjacent neighbor to the Mann building was present and introduced herself to the board. Ms. Reames stated that the building wall is falling down onto her property and people are throwing cigarettes over the side of the building causing a life safety issues. • Joseph Harney, Assistant City Attorney commented that the minutes reflect the comments made at the previous meeting. Any statements made regarding the accuracy of the comments would need to be clarified. A motion was made to accept the minutes as written by Philip Skrobarczyk and seconded by Richard Dodson. The motion carried and the minutes were approved. CLARIFICATION TO THE MINUTES OF JANUARY 27,2005 OPEN DISCUSSION ITEMS -MANN BUILDING • Robin Reames is currently operating her business and has made negotiations with the existing owner to have the wall demolished. BUILDING OFFICIAL'S REPORT Given By: Alonzo Garza The Building Official's report has been moved up. This report was indicated on the agenda as item number 6. Updates & Comments regarding the Mann Building • In March of 2004, BNP came to the Building Code Board of Appeals and requested a variance to allow the wall to become non-rated. • The variance was disapproved. • Since the variance denial in 2004,the owners of the building have changed. • The new Building owners have hired an Engineer to provide alternate means and methods. • The engineer for this project is Mody Boatright. Board Minutes-February 24,2005 Page 2 of 4 • Mr. Garza will be meeting with Mr. Boatright on February 28, 2005 to discuss the • alternate means and methods that will be proposed. • Code enforcement and Building Inspections are trying to work with BMP to come to a solution and put aside civil issues. • Barcom's project Manager presented their timelines for the reconstruction of the Mann Building and has made diligent efforts that are satisfactory. • On July 27, 2004, Barcom submitted their plan of action, which is as follows: 1St Phase: Demo 2nd Phase: Design 14-22 weeks 3rd Phase: Reconstruction 12-14 weeks Comments by Joseph Harney on Mann Building: • There is a time limit on appeals. • Appeals and reconsiderations are made and there is room for rehearing cases. • The legal department has had ongoing contact with the new owners-TSC Equities. Updates & Comments on Implemented Technology & Other concerns • Hardware for the PC tablets has not come in. • Department will continue to have outreach with the community. • DSAG committee came together to help with departmental issues and to help us define success. • The City has hired a consultant to assist the Development Services department. ACCEPTANCE OF THE VICE CHAIRMAN POSITION At the January 27, 2005 meeting, Philip Skrobarczyk was not present but was nominated for the Vice Chairman position. To make the nomination of the Vice Chairman official, the board agreed to give Mr. Skrobarczyk the opportunity to accept the position. Mr. Skrobarczyk agreed to take on the duties of the Vice Chairman. UPDATES ON THE DSAG COMMITTEE by: Johnny Cotton • Johnny Cotten, John Taylor and Philip Skrobarczyk are members of the Development Services Advisory Group committee. • ABC, AGC, Developers, Engineers, and Architects have been asked to document events and suggestions and give to the board to measure the success of the department. • Had two more encounters with the leadership staff at the Development Services Center. He met with Barbara Holly, Director and Alonzo Garza, Interim Building Official/Plans Examiner Coordinator and they both want to make this process work. • At a meeting with the AIA, Margie Rose, Assistant City Manager stated that the processes at the Development Services Department would work and the processes • The department sets and holds pre-submission meetings on a weekly basis. • Looking at the C of 0 system. • Jim Urban is a committee member and is speaking for the developers. • The City's platting requirements are more stringent than other cities. Board Minutes-February 24.2005 Page 3 of 4 4110 FUTURE AGENDA ITEMS There were none at this time. PETITIONS FROM THE AUDIENCE Robin Reames, owner of Black Tie Roses and adjacent neighbor to the Mann Building discussed her concerns on the reconstruction of the garage building. ADJOURNMENT A motion was made to adjourn by John Taylor and seconded by Philip Skrobarczyk. The motion carried and the meeting was adjourned at 2:25 p.m. DEP•RTo - T OF DEVELOPMENT SERVICES za, Interim Building Official/Plans Examiner Coordinator ANS:jm H:building.02-24-05.minutes Posted:City Hall Bulletin Board Distribution:Original minutes-notebook City Manager;Asst.City Manager;Legal Dept.;City Secretary; Building Official,Director of Development Services Board Minutes-February 24,2005 Page 4 of 4 03'22!2005 18:03 361826300 CITY OF C.C. DEV SER PAGE 01/02 3OS-c2( APPEAL NO.0 TO THE _ BUILDING CODE BOARD OF APPEALS 0 OF THE CITY OF CORPUS CHRISTI 1201 Leopard, P. O. Box 9277 Corpus Christi, Texas 78469-9277 Taken from the decision of the Building Official by this appellant: Name: T -C - /s e i-71€. ----- l. �.f /�v� Mailing Address: // S' / LG- �u v „ Telephone: ‘—C---- 2 o U 3--- On this date, the 2-3 day of /7)9C`2" - requesting that the Building Code Board of Appeals vary the application of Section(s) Lha. 1 '' 1 `? ''L'3. descr'bed as: _ 5'pr/h Zr . . • , • -e .C J v-C -N 0-2-1--_. .r, '-C pv-.6 v'ei-7 fI y, Spt-.;i-2 /.i:I‹ - S y `'_ ,of the CITY BUILDING CODE in the following case: Ill J1 . S. Cly ,'- io o d Street Address: - Legal Description of Property: /,.;/ Description of Building: A/`/"'f"` G21 /17A1� v,-'/ 7'1- Classification by Occupancy or Use: �� //, Classification by Type of Construction: Owner: v-enA o� , /re 4 }- € -t Name: 7 Mailing Address: // � /2 ``1''7c-C/, '�k^ C'.0 `].) -21y6/,O Telephone: '/ 7 7.C- _( 5--' rocI cy Affirming that, in this case, the enforcement of this would manifest injustice and would be contrary to the spirit and intent of the Building Code or the public interest. 03/22.2005 15:03 3615263006 CITY OF C.C. DEV SEP PAGE 02/02 BUILDING CODE BOARD OF APPEALS • PAGE 2 OF 2 Requesting that the Building Code Board of Appeals approve the following variance: r - , f -- 5. v"f 4 � - 1- ,-„ , T71-- i 7/—e3-71-r-44 ( Subject to the following conditions (i.e., install fire walls instead of sprinklers, etc.): , ..� / `1 j' / )_i---E —%k l/ `l 0-Y- �.e/J qi raj it J kt (&-----e r- Z._ Ls, R E v 0 )`�n /� /—c-Z--- . —CL, C ..r -1- e-i-L-. / i 0----e A 7,.-.-/ / 4, ---/- _________ 4110 For the of lowing reasons (i.,e., effectiveness,e., cost effeveness, etc.): v/ /41-15 /S a �l.( �� -e'4-E `l i �-y 1 c.,/:,-T/ 0 ►-� / Zie, p '/'h vt 40t. r1 ei fel i iny h, I request a hearing before the Building Code Board of App als. /' / Appeal No. 0 L -O i Signature of Appellant II 4FOrm-18 APPEAL NO.U4-O5-01TO THE BUILDING CODE BOARD OF APPEALS • OF THE CITY OF CORPUS CHRISTI 1201 Leopard, P. O. Box 9277 Corpus Christi, Texas 78469-9277 • Taken from the decision of the Building Official by this appellant: Name: Bayview Tower Mailing Address: 400 Mann Street, Suite 708, Corpus Christi, TX 78401 Telephone: (361) 884-0488 On, this date, the 15 day of April ,-1-92� requesting that the Building Code Board of Appeals vary the application of Section(s) 5 Arc„ Q le ,1-404, (log- — O'14ler-7 -fable 7041 described as: • c•• ti I tri a,0,1 Formck-4-ect c( n,n en 4 €1,'e, w1tid 'cov rpeeniti of the CITY BUILDING CODE in the following case: 11111 Street Address: 400 Mann Street Legal Description of Property: Beach Lots 1 to 3 & 10 to 12 BK 27 Description of Building: Eleven (11) Story Office Building Classification by Occupancy or Use: Office Building Classification by Type of Construction: Owner: Name: 400 Mann Ltd C/O Jim Boller & Associates, Inc. Mailing Address: 400 Mann Street, Suite 708, Corpus Christi, TX 78401 Telephone: (361) 884-0488 Affirming that, in this case, the enforcement of this would manifest injustice and would be contrary to the spirit and intent of the Building Code or the public interest. BUILDING CODE BOARD OF APPEALS PAGE 2 OF 2 Requesting that the Building Code Board of Appeals approve the following variance: Sprinkler System in Lieu of a one (1) hour firewall in the parking garage on the north wall Subject to the following conditions (i.e., install fire walls instead of sprinklers, etc.): Sprinkler System rather than one (1) hour firewall i For the following reasons ( .e., cost effectiveness, etc.): • To conform to other three (3) sides of the parking garage safety reason, more security to tenants in the downtown area. More aesthetic and more pleaseing to entrance of downtown area rather than a monolithic wall I request a hearing before the Building-Code Board of Appeals. Appeal No. / -.1-1/1 Si;, aUte,•fAppellant 4fprm-1b