Loading...
HomeMy WebLinkAboutMinutes Building Code Board Of Appeals - 07/28/2005 MINUTES YINBUILDING CODE BOARD OF APPEALS ADVISORY BOARD MEETING Fire Conference Room 3rd Floor Thursday—July 28, 2005 1:30 P.M. City of Corpus Board Members Present: Johnny Cotten Cliff Atnip Christi Philip Skrobarczyk John Taylor Don Boyd Ronald Wheaton • •Bill Alford DEVELOPMENT Board Members Absent: None SERVICES Staff Members Present: Alonzo Garza, Interim Building Official Julie McCoy, Recording Secretary 2406 Ledpard Mic Raasch, First Floor Corpus Christi Texas 78408 CALL TO ORDER Phone 361-826-3240 Chairman, Johnny Cotton, declared a quorum and called the meeting to order Planning at 1:35 p.m. Fax 361-826-3590 Building Fax 361-826-3006 ROLL CALL www.cctexas.com The first item of business was roll call. *Ronald Wheaton missed roll call but arrived at 1:40 p.m. OwStop Shop EXCUSED ABSENCES Permitting Bill Alford was absent on April 28, 2005 due to an illness. Mr. Alford Plan Review requested that the board excuse his absence. A motion was made to excuse his Infrastructure and Building Construction absence. The motion carried. Inspections CORRECTION OF MINUTES—April 28,2005 Working Together Insertion needed on page 2 of 6 as per Mr. Garza's request. To Build A Recommendation by:Alonzo Garza, Interim Building Official Better Future • Arc fault protection in the sleeping areas • Smoke detectors installed with hardware and battery backup • Alternate means and methods • 2 hour fire wall separation between tenants (The assertion of this statement was-done by a consensus) SCANNED tam Allasneala 1111/F II'' Board Minutes-July 28,2005 Page 1 of 7 4410. CORRECTION OF MINUTES CONTINUTED Insertion needed on page 3 of 6 as per John Taylor's request. History on property given by: Alonzo Garza, Interim Building Official • Old wall was solid/opaque with a lhr fire rating with no assembly Insertion needed on page 4 of 6 as per John Taylor's request. Introduction by: Peter Gavoyn, owner of 400 Mann Building • Thanked the board for meeting and considering the appeal Insertion needed on page 5 of 6 as per John Taylor's request Board Member, John Taylor made comments: • Disagree with Mr. Skrobarczyk's proposal • Believes there should be a solid wall constructed all the way up the side of the garage, because it conforms to code Motion made to approve the minutes as amended. The motion carried. NEW BOARD MEMBER APPOINTMENTS Chairman Cotten welcomed Cliff Atnip to the board. Mr. Atnip is a local realtor and will be representing the non construction side of the board. The second addition to the board is Don Boyd. Mr. Boyd is employed with Marshall Company and will be representing the Building Industry. Chairman Cotten, welcomed both members and gave them updates on the boards meeting time, dates and contact people. Mr. Cotten informed the new board members of canceled meetings, agenda items, and other discussion topics that may affect the board. VARIANCE TO THE FLOOD HAZARD PREVENTION CODE On July 1, 2005, Mr. Spence Collins requested that the Building Code Board of Appeals vary the application of Section 14-552 Flood Hazard Prevention Code described as allowing finish floor of proposed structure to be set at 9 feet 0 inches (1' lower than 10' 0" BFE by F.I.R.M.) as required by the Flood Hazard Prevention Code in the following case: Appeal No. BCO 0705-03 BL Real Estate Holding Co, L.P. • 4226 Laguna Shores Road (24 unit Motel/Lodge) • 4122 Wyndale Drive (Events Center) History on Bluff's Landing Marina given by: Alonzo Garza, Interim Building Official • New development happening in an A Zone which calls for a finished floor elevation of 10' elevation called for in the FEMA maps. • Code requires that the finished floor be above the BFE. • Applicant is requesting a reduction to reduce the BFE from 10' to 9' • Company is applying for two separate appeals since there are two separate buildings involved • Staff will give applicant the opportunity to explain the intended uses of the buildings Board Minutes-July 28.2005 Page I of 7 1/4111, 414110 • City Staff cannot make a decision to approve a variance to the Flood Hazard Prevention Code and the Building Code Board of Appeals must make the decision in this case • FEMA does not recommend a reduction for ICO ratings • As the Building Official and Flood Plain Administrator, Mr. Garza stated to the Board that he cannot recommend the approval of these variances • Requested that BL Holdings give the board information about what events are going to be held at the events center, the plan in the event of a title surge, are events going to be held daily, monthly, etc. Introduction by: Jay Hall, Representative of BL Real Estate Holding Co, L.P. • Introduced Robert Conolly, Architect with WKMC Architects • Building Bluff's Landing Marina • Built 95 covered boat slips and a Bait and Tackle Shop, • Asking to build an events center, parking lot, and a 24 unit hotel below standard set by the Flood Hazard Prevention Code • Development is intended for the Marina's use and to draw in tourism to the community • Asking to reduce the finished floor level from 10' to 9' due to the extra costs involved • The property is currently at 9'elevation • The cost of sewer lines, digging trenches, man holes, electrical lines, etc. were not factored into their project's budget. • Their insurance company has already approved to write a policy upon approval of the board • The Events Center is vacant on the bottom floor and will be used for parking • Center will be built to attract fishing tournaments and is located on the Laguna Madre • BL Real Estate Holdings hopes that the facility will be used every weekend Comments by: Robert Conolly, Architect • Since the elevation is so much higher, there would be problems hooking up to the existing utilities • Storm drainage problems would occur • Insurance company has agreed to issue an insurance policy at 9' elevation Comments by: Bill Alford • The Hotel Lodge is a big concern in the case of a title surge • Increasing the elevation would make a big difference • Wants to be reassured that there will be no plumbing/mechanical rooms on the first floor Comments by: Philip Skrobarczyk • FEMA will be called upon during a catastrophic event • City got hand slapped a few years ago because of all the variances granted by the Board • FEMA is opposed to Building Code Board Of Appeals around the country • Cost is of no concern to FEMA in respect to your building • There are four conditions to which the board can justify an appeal Board Minutes-July 28,2005 Page 2 of 7 • One condition to justify an appeal is in the event of a title surge, you will not be negatively impact your neighbors Comments by: Alonzo Garza, Interim Building Official • Not too concerned with the event center Comments by: Jay Hall, Representative of BL Real Estate Holding Co, L.P. • The 15t floor of the Motel lodge is for parking only • The Motel is going to be built the farthest from the Laguna Madre • The Recreation/Events Center will be built closest to the Laguna Madre at approximately 500 feet from the water. Comments by: Alonzo Garza, Interim Building Official • This project does not appear to put in jeopardy. • This variance has a lot to do with accessibility, severe inclines, more ramps would be needed, more hand rails, steep driveways and access paths Comments by: Chairman, Johnny Cotten • Board wants to help BL Real Estate Holding Co. • Needs a set of plans to look at in order for the board to review • Cannot make a decision without plans and documents Comments by: Philip Skrobarczk • Willing to support the variance request • The Board approved the City's Marina project Comments by: Bill Alford • Agrees with Johnny Cotten that plans and documents are necessary in order for the board to make a decision Comments by: Jay Hall, Representative of BL Real Estate Holding Co, L.P. • Square footage of the Lodge will be approximately 12,000 • Square footage of the Event Center will be approximately 7,000 QUESTIONS FROM BOARD MEMBERS Categorize the situation. Are we talking about not bringing the elevation up due to dollars and cents? Response: Yes How many square feet is the first floor of the hotel? No response. What is the elevation from your 9' finish floor parking to your second floor? Response: I believe its 10' Board Minutes-July 28,2005 Page 1 of 7 %110 11.0 What is the surrounding level? Response: The parking lot is already at a big incline What is the lodge constructed of? Response: Wood, and the exterior is hardie panel siding What kind of hardship are you going to incur if you build at 10' MSL? Response: Cost for the project would put the company over budget by $25,000 to $30,000 The board came to a consensus and tabled the variance discussion at 2:20 p.m. until plans and specifications were brought in. BUILDING OFFICIAL'S REPORT by: Alonzo Garza Update given on the 400 Mann Building currently owned by Jim Boller& Associates Case #BCO 0405-02 Appeal Denied • Mann Building was previously owned by Paul Black • Property has been purchased by Developers from California • Has made numerous calls to BNP. BNP has not returned calls from the City of Corpus Christi • BNP has not gotten into any contractual agreements with Barcom • Original appeal in 2004 was denied by the Board • The repair/restoration to the 400 Mann Building garage time line has expired • This is now an enforcement item for the City's Code Enforcement Department • Code Enforcement would condemn the parking lot for not meeting the building structure requirements • The parking lot is in a B6 zoning, which does not require a parking lot • Jim Boller has confirmed that the garage abutting Robin Reames's property is blocked off • Blocking off the garage is reducing the potential risk of a fire • Believes that there was a monetary agreement which allowed contractors onto Black Tie Roses (Robin Reames's property) for a particular amount of time • This agreement has not been confirmed by Robin Reames, owner of Black Tie Roses • Does not believe that Ms. Reames has come into any contract agreement with the new property owners • City can issue a non compliance citation for violations and take them to Environmental court, but that will not accomplish anything • A decision was made to encourage Jim Boller& Associates to repair the garage Question by: Cliff Atnip Where does the City stand in a liability issue if something happens? Response: Based on the code, the fire separation distance on a parking structure from a property line is 10ft and 1 in. To ensure partial compliance the City had the owner of the 400 Mann building barricaded the parking spaces which totals 18' from the property line on every floor. Board Minutes-July 28.2005 Page 4 of 7 • INV *NO From a liability stand point, the City should be okay as long as the owners comply with our requests. Comments by: John Taylor • Does not think it is the City's responsibility to get people motivated to get stuff done • It is the City's responsibility to put people on notice BUILDING OFFICIAL'S REPORT CONTINUED • Plumbing/Mechanical division is now fully staffed with Inspectors • Electrical division is short two positions • Department has hired a fourth Plans Examiner and fourth Building Inspector with starting dates of August 8th • Mr. Garza is acting as the Assistant Director, Building Official, Plans Examiner Coordinator, and Chief Building Inspector • Department needs to get the Assistant Director/Building Official position filled • Purchased new technology • Started tacking on technology fees The board resumed the variance discussion at 2:45 pm after plan specifications and graphics were brought in to the meeting for review by the board. Mr. Hall stated that he visited with Paul Pilarczyk, the project Engineer and Mr. Pilarczyk was going to provide the application that was submitted to their insurance company that outlined how they met all FEMA requirements. Chairman, Cotten, made a request that a copy of the insurance application be submitted to Julie McCoy and be included with the minutes. Chairman, Cotten, made a motion to approve Appeal No. BCO 0705-03 Bluffs Landing Marina 24 Unit Motel Lodge and Events center with a contingency. Approval will be granted with the following conditions: 1. On contingency of receiving FEMA approved documents. The documents must be reviewed by the City's legal department and the Building Official. If there is hiccup, BL Real Estate Holding Co, L.P. will have to fix or come back to the board. 2. Show proof that in the event of a title surge, the motel lodge and events center will not negatively impact the adjacent properties. 3. Documents including the insurance application and site plan to be attached with the minutes. The motion was seconded by John Taylor. The motion carried. Appeal BCO 0705-03 was granted at 3:02 p.m. Board Minutes-July 28,2005 Page 5 of 7 11000 440,, DISCUSSION OF ANY ITEMS TO BE PUT ON FUTURE AGENDAS • Update on Bluff's Landing Marina project to be included under the Building Official's Report PETITIONS FROM THE AUDIENCE Jeri Morey, Architect was present. Ms. Morey wanted to know if the City was going to be reviewing the 2003 Amendments. Response by Alonzo Garza: The City is not working on anything at the moment. Staff is looking at adopting the 2006 Building Codes. The department is planning to have Brown Bag Sessions and outreach to various organizations. Staff is planning to attend the 2006 International Code Council seminar and bring back information. City wants to stay current with adopted codes ADJOURNMENT A motion was made to adjourn by Ronald Wheaton and seconded by John Taylor. The motion carried and the meeting was adjourned at 3:15 p.m. DEPARTMENT OF DEVELOPMENT SERVICES c4ePonzo Interim Building Official/Plans Examiner Coordinator ANS:jm H:Wilding D7-28-03.miwes Posted:Cit Hall Bulletin Board Distribution.Original mirwtes-notebook Circ Manager:Asst Cit'Manager:Legal Dept.:City Secretary: Building Official.Director of Dmiopment Semi= Board Minutes-July 28.2005 Page 6 of 7