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HomeMy WebLinkAboutMinutes Building Code Board Of Appeals - 01/23/1992 City of Co us C hrs ti MINUTES OF THE REGULAR MEETING OF THE BUILDING CODE BOARD OF APPEALS January 23, 1992 BOARD MEMBERS PRESENT: Philip Skrobarczyk, Chairman Miles Graham, Vice Chairman Robert Bennett Tommy McDonald Bill Osborne Charles Sebbert BOARD MEMBERS ABSENT : Jerry Kramer STAFF MEMBERS PRESENT: Lorenzo Gonzalez, Building Official Jesse Guzman, Fire Marshall Brett Lacey, Fire Protection Specialist Erik Johnson, Chief Building Inspector John Kendall, Senior Inspector I E. Kay Butler, Senior Secretary Chairman Skrobarczyk called the meeting to order at 1:30 p.m, in the Committee Room on the first floor of City Hall. Chairman Skrobarczyk stated that the presentation of the final report by the Ad Hoc Foundation Standards Committee would be moved to the beginning of the agenda. He added that a copy of the report was in the Board's packet. Mr. Paul Koepke, Chairman of the Ad-Hoc Foundation Standards Committee, stated that slab failures in Corpus Christi were a serious problem that happens in all areas of construction not just post tension slabs. However the committee's charge from the Board was to address only post tension slabs. :'r. Koepke added that they had submitted their recommendation with the biggest change being that an engineer be required o inspect the property at the time that the foundation is poured and file a certification before a Certificate of Occupancy is issued by the City certifying that the slab was constructed in accordance with the plans and specifications prepared by the engineer. He added that the major thing that the committee discovered was that no smatter what the coo design, the execution in the field seemed to be where most of the problems occur. He explained that the committee had attempted to ` J recommend to the Board a procedure that would correct the problems. Mr. Koepke suggested putting off the discussion on the subject until next month to allow the Board time to review the committee's recommendation. ie added that the committee also plans to recommend to the Mechanical/Plumbing Advisory Board that all water service he placed above rn the slab. P.O. Box 9277 • Corpus Christi, Texas 78469-9277 • (512) 880-3000 City of Corpus Building Code Board Of Appeals Chnsti January 23, 1992 Page 2 Chairman Skrobarczyk suggested that the Board review the report and discuss it at the next meeting. He also requested that staff look into what the proposed changes would mean in terms of enforcement. ************************************************************************* APPEAL NO. 91-14 The public hearing was opened on Appeal No. 91-14. The appellant was Ohmstede Inc. , requesting a variance to Table 400 of the Corpus Christi Building Code. Property Description: Lot 7, Block 6, Roblex Industrial Area. Mr. Lorenzo Gonzalez, Building Official, explained that the proposed method of construction for a factory industrial use of Type IV non-combustible construction was denied on the basis that the existing structure and the proposed construction exceeds the maximum allowable floor area for that building type and use. He added that the code allows 21,000 square feet. The existing building is approximately 37,800 square feet and the addition is 4,820 for a total of 42,620 square feet. Mr. Gonzalez stated that the building is not sprinkled, if the building were sprinkled the maximum allowable area of the building would be 63,000 square feet. • Mr. Bob Dixon, Dixon Construction, representing Ohmstede Inc. , presented several letters from surrounding neighbors in support of the proposed construction. He stated that they had received a variance from this Board once before for an expansion. He stated that they will install a fully automatic fire alarm system, and that they have exceeded all fire code requirements for fire extinguishers. Mr. 3rett Lacey, Fire Protection Specialist, recommended maintaining a sprinkler system should it be required. Chief Jesse Guzman, Fire Marshall, supported Mr. Lacey's views concerning the sprinkler system. A motion was made by Mr. McDonald, seconded by Mr. Sebbert and passed unanimously to grant the variance with the requirement that a fire line he brought into the property at the front for at least 300 feet and that a City standard fire hydrant be installed. The fire hydrant placement is to be coordinated with the Fire Department; since in its opinion, the enforcement thereof would do manifest injustice, and would be contrary to the spirit and purpose of the Code. ************************************************************************* City of Corpus Building Code Board Of Appeals Christi January 23, 1992 w%1•00Page 3 APPEAL NO. 92-1 The public hearing was opened on Appeal No. 92-1. The appellant was Oil Patch Fuel & Supply Company requesting a variance to Section 408.3.2 and Table 400 of the Corpus Christi Building Code. Property Description: Lot 1, Block 3, Lantana Industrial Park, 1526 North Padre Island Drive. Mr. Gonzalez stated that this structure was permitted as a storage occupancy with a maximum allowable square footage of 16,000 square feet. He stated that upon inspection it was found that it was not going to be a storage classification by code, but one that is considered special hazardous material occupancy use which limits the size of the building to 5,000 square feet and sprinkled. Mr. Gonzalez stated that inspectors found that tanks had been located inside the building and that it is larger in area from what was originally permitted. He added that the project is still under construction. Mr. Ben McDonald, represented Oil Patch Fuel & Supply Inc. , the occupants of the building owned by Gayman Shrimp Company. He respectfully disagreed with the statement made by staff that the tanks are located within the building. He added that they were enclosing the tanks. He stated that they had previously gone before this Board and received a variance which required them to install a sprinkler system and a one hour fire wall which were in place. He continued, that they were given permission by the Zoning Board Of Adjustment to have the tanks which will be used for oil which is not highly flammable, having a flash point of 455 degrees or better. Mr. McDonald stated that his client decided it would be preferable to go ahead and enclose the tanks by putting a siding around them. He stated that after enclosing the tanks they are still within the area of the variance that was previously granted. He stated that all they are requesting is for permission to enclose their oil tanks. Mr. Lacey stated that the construction was different from the plans that were reviewed. He stated that the Fire Department has not been provided information on the changes except for what was currently stated. He added that there could be other problems because the Fire Code is specific with several requirements concerning the storage of flammable and combustible liquids. Mr. Lacey stated that he could not he specific concerning the requirements since he was lacking information. A motion was made by Mr. Graham, seconded by Mr. Sebbert and passed with Messrs. Skrobarczyk, Graham, Osborne and Sebbert voting yes and Messrs. Bennett and McDonald voting no to grant the variance allowing a sprinkled over area special hazard use classification with the condition that the additional building area used to house the storage tanks be fully sprinkled in accordance 'lith the Fire Code and NFPA Standards, since in its opinion, the enforcement thereof would do manifest injustice. City of Corpus Building Code Board Of Appeals ChristiBuilding 23, 1992 Page 4 ************************************************************************* APPEAL NO. 92-2 The public hearing was opened on Appeal No. 92-2. The appellant was Raymond Harris & Associates representing Wal-Mart Store #464 requesting a variance to Section 402.4.1 of the Corpus Christi Building Code. Property Description: Lot 3, Block 1, Wal-Mart Subdivision, 11330 West Leopard. Mr. Gonzalez stated that the structure is a mercantile use, Type IV construction sprinkled building of unlimited area provided it has 60 feet of permanent open space around its perimeter. He added that at some point there had been a request for a variance to allow an expansion and a reduction of the 60 foot open space on one side conditioned on the installation of a four hour fire resistive wall separation. He added that the appellant was proposing very similar construction in moving a portion of the exterior wall and reducing the 60 foot open space. Mr. David Cannon, Raymond Harris & Associates representing Wal-Mart, stated that they were proposing to move the wall that is the furthest away from the back property line out to line up with the existing rear wall. He explained that it would essentially line up with the other wall and would leave seven feet to the property line on one side and 47 feet on the other side. He stated that they are proposing to have a four hour fire resistive wall to separate the structure from the apartment complex located behind the store. He added that presently there is a 10 foot utility easement that runs along the property line. The Fire Department had no objections to this appeal. A motion was made by Mr. McDonald, seconded by Mr. Graham and passed unanimously to grant the requested variance to Section 402.4.1 of the Building Code; since in its opinion, the enforcement thereof would do manifest injustice and would be contrary to the spirit and purpose of the Code. The Board took a brief recess. ************************************************************************* APPEAI, NO. 92-3 The public hearing was opened on Appeal No. 92-3. The appellant was the T-Head Marina requesting a variance to Article 3, Section B, and Article 5, Sections A, B, and F of the Flood Hazard Prevention Code. Property Description: Lawrence Street T-Head, 444 North Shoreline. City of Corpus Building Code Board Of Appeals Christi January 23, 1992 w� Page 5 Mr. Gonzalez explained that this was a request for a variance to the Flood Hazard Prevention Code for an existing non conforming structure. He added that the building was developed when the area was identified as an A zone, but due to a re-study the area was now in a velocity zone which restricts the type of structures allowed and the use of the grade level. He explained the proposed improvement to enclose the section at grade level area and create an accessory use to the main use which is assembly/restaurant. Mr. Gonzalez stated that the proposed construction does not comply with the overall flood plain study, restricting construction below the base flood elevation, and what would be required in a velocity zone. He then referenced Section 60.6 Paragraphs 4 and 5 of the National Flood Insurance Program and read a portion for the record regarding variances and flood insurance rates. Mr. Hal George, Attorney at Redford, Wray and Woolsey representing T-Head Marina, stated that a previous variance had been granted in 1989 and that they feel that if this had been included it would have been granted also. He stated that they intend to show the Board good and sufficient reasons for granting the variance and the hardship that would result if the variance fails. He stated that the granting of the variance will not result in increased flood heights, additional threat to public safety, extraordinary public expense, or create a nuisance. Mr. George explained that this type of facility is needed in the community and the use is very similar to what is already on the other T-Head. He added that they plan to make the enclosed breezeway functionally dependent on the use that is already there. Mr. George stated that they are trying to use the area in a way that is compatible with Mother Nature, not putting barriers but using removable construction. He then gave the Board a brief background on the Flood Prevention Code and what it is trying to accomplish. We also explained the history of the project and its economic impact. A motion was made by Mr. Bennett, seconded by Mr. Graham and passed unanimously to grant the appeal as presented. ************************************************************************* APPEAL NO. 92-4 The public hearing was opened on Appeal No. 92-4. The appellant was Joe L. Garcia representing the Stardust Flea Market requesting a variance to Sections 402.2.3.1 and 605 of the Corpus Christi Building Code. Property Description: Lot 4B, Block 2, Behmann Addition, 4977 Ayers. Mr. Gonzalez stated that this is an existing mercantile use that was originally build as a Type 7N sprinkled building with unlimited area. He added that it has been undergoing a conversion from a single tenant use to a multi tenant use. He stated that it was discovered that a mezzanine had been built at the rear of the building that is all wood frame with wood framed bearing walls and supports which are not allowed. He stated City of Corpus Building Code Board. Of Appeals C11T1St1 January 23, 1992 w� Page 6 that documentation does not show that the mezzanine was properly permitted. Mr. Gonzalez stated that staff had served notice that it needs to be removed, but the appellant had chosen to try and bring a portion into compliance with the code. Staff showed slides of the existing construction. Mr. Garcia stated that they had been before the Board a couple of months before for a variance to convert the store into a flea market. He gave the Board a progress report on the work. He added that the building was formerly a Globe and then a K-Mart store and showed the Board plans from 1971 that showed that the mezzanine had been planned from the beginning. He added that the plans show that it should have been built of bar joist construction but it had been built improperly. He stated that they have no documentation of any kind to show when it was built. He explained that when they took over the building they inherited the mezzanine in its present condition. Mr. Garcia stated that they would like to maintain the mezzanine for storage purposes only, since it is fully sprinkled above and below. He stated if they are allowed to keep the mezzanine they propose to remove some of the shelving and put in structural columns to support the mezzanine floor. He explained that the code allows a mezzanine with the size limited to 1/3 of the room that it occupies. He stated that there are two sections of the mezzanine and in both instances they are oversized. Chief Guzman stated that they had visited the location and had basically agreed not to object to the variance provided that they remove all of the shelving from under the mezzanine, that they not allow any rental spaces up above, and that they properly support the mezzanine. He added that if the Board decided to grant the variance it would be advisable to place a time frame on how long it will take to remove the shelving. A motion was made by Mr. McDonald, seconded by Mr. Bennett and passed unanimously to grant the variance with 90 days to comply with the Fire Department 's objections to the mezzanine, that it be a storage type occupancy only, all shelving taken out on the lower level, and engineered drawing be submitted to staff showing proper supports. ************************************************************************* APPEAI, NO. 92-5 The public hearing was opened on Appeal No. 92-5. The appellant was Corpus Christi Trade Center, Inc. , requesting a variance to Sections 507.2 and 507.4 of the Corpus Christi Building Code. Property Description: Block B, & AR, Lexington Village, 2833 South Padre Tsland Drive. City of Building Code Board Of Appeals Corpus January 23, 1992 Christi Page 7 w"..• Mr. Gonzalez stated that this is an existing mercantile classification use. He stated that the basic function has been a grandfather multi-tenant occupancy use. He stated that the use has been expanded and now by code it is no different than a mall. He stated that as in the preceding case the slides showed what the appellant was required to do with the construction for multi tenants without having to have fire rated separations. Mr. Gonzalez stated that basically the same criteria has to apply to this use, if they want to have tenant separations the code requires them to have one hour rated tenant separations, wider aisles approximately 20 feet and exiting leading directly to the outside. Staff showed a video provided by the appellant explaining basic information on the Trade Center. Mr. Jan Baler representing Mr. Tom Pyle gave a brief history of the building. He described the building as having 100,000 square feet of which 80,000 square feet are in question, and fully sprinkled. He added that the tenants are permanent businesses, not a flea market. He stated that if you were to stand at the 10 foot level you could see the entire area. Mr. Baler explained that they propose non structural, security installations that stand approximately eight feet in height made of chain link type construction used as collapsible walls. He pointed out that they are clearly open for vision and not structural in any sense of the word. He explained that they do not feel that they are a mall, but that is the only catch all phase in the code that they can get into. Mr. Baler stated that they do not feel they need a permit but if they are required to get a permit they would like to ask for the variance. Ms. Nora Garcia, Architect, added that the material that they proposed to use provides visibility and that they meet all the requirements when it come to narking and exits etc. She stated that they are only adding approximately 24 tenants with spaces measuring 10 x 14 or 10 x 12. Chief Guzman stated that he had visited the site and has been there on the weekends and that the tenants hang their merchandise on the side walls limiting visibility, which is his main concern. He stated that for the sake of consistency the Board should deny this variance for the same reasons other flea markets have been denied. He requested that the record reflect that the Fire Department objects to the granting of this variance. t'r. Tom Pyle, owner, stated that he could not guarantee that the tenants would not hang merchandise on the side walls but he would try to live with whatever restrictions the Board feels are necessary, but that any restrictions will be penalizing the tenants. He added that it is unfortunate that the code is not more flexible and not address this -in q. separate category. City of Corpus Building Code Board Of Appeals Christi January 23, 1992 %."0"000 Page 8 A motion was made by Mr. Graham, seconded by Mr. McDonald and passed unanimously that in the interest of code consistency that separating walls be only four feet high. The minutes of the previous meeting was approved as submitted. A brief discuss was held concerning the Grandfather clause. The meeting was adjourned at 4:50 p.m. Lorenz onzalez, P.E. 08BC-001.DOC