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HomeMy WebLinkAboutMinutes Construction Trade Advisory & Appeals Board - 05/20/2021MINUTES REGULAR MEETING Construction Trade Advisory & Appeal Board City of Corpus Christi Via WebEx Video Conference at 1:30 PM Thursday, May 20, 2021 I. CALL TO ORDER - ROLL CALL: The meeting was called to order and a quorum was established with no absences. II. PUBLIC COMMENT: None. III. APPROVAL OF ABSENCES: None. IV. APPROVAL OF MINUTES: March 4, 2021 A motion was made by Mr. Wanzer to approve the minutes listed above and it was seconded by Vice Chairman Camp. The motion passed. V. APPEALS - DISCUSSION AND POSSIBLE ACTION ON THE FOLLOWING: 1. UNo. R102492U - Request for variance related to minimum elevation requirements (freeboard) for a new construction single-family residence at 15302 East Chesapeake, Corpus Christi, Texas by Newcastle Construction, LLC per the Corpus Christi floodplain regulations. Kathleen Chapa, Floodplain Manager, presented item “1” for the record. At permit submittal, Clint Tucker Homes, LLC presented a pre-construction elevation certificate that indicated Code compliance (finished floor at 12.5’). Upon final inspections, Newcastle Construction, LLC presented an elevation certificate based on final construction that indicated the habitable space (finished floor at 11.7’) and garage were non-compliant to the City adopted freeboard requirement (adopted April 16, 2019). The finished floor does meet FEMA’s minimum standard requirement of finished floors at or above Base Flood Elevation (AE BFE 11’). The garage area can come into compliance with installation of flood vents. The appeal application and certificates were provided to the Board with Staff’s report. After Staff’s presentation the public hearing was opened for this item. Owner of the subject property, Christina Fratila, addressed the Board in support of the appeal. She informed the Board she was under contract to purchase the home when it was in the framing stage of construction. She said the construction of the home was approximately 97% complete when she decided to change contractors and hired John Pope with Newcastle Construction to finish the project. She said the working relationship with Clint Tucker was not positive and it was not communicated to her that the home was not compliant. She informed the Board the flood vents in the garage have already been installed. She explained to the Board that her experience in purchasing this home was made difficult because of this issue but that she has done everything within her means to make it right. She asked that the Board approve the variance request. John Pope with Newcastle Construction addressed the Board and attested to what Ms. Fratila stated above. He mentioned that another home constructed by Clint Tucker (across from the subject property) received an approved variance request from this same Board; believes that flood vents were not installed. He reiterated that the finished floor does meet FEMA’s minimum standard requirement of finished floors at or above BFE; denying a certificate of occupancy or not granting this variance would cause undue harm. With no one else coming forward, the public hearing was closed, and the floor was opened for Board discussion/questions. Mr. Wanzer expressed his opposition to the variance request and felt that these cases need to be forwarded to City Council for final decision. Mr. Merdes cited Section 113.2 Board of Appeals, Limitation on Authority of the International Building Code and he interpreted this section to read that this Board BOARD MEMBERS: Ramiro Munoz, III, Chairman Garry Camp – Vice Chairman Paul S. Cervantes Jared Merdes Mike Wanzer Jose Jimenez Ronald Brister STAFF: Al Raymond, Director Luke Fry, Deputy Building Official Catherine Garza, Agenda Coordinator Kathleen Chapa, Flood Plain Manager does not have authority in these circumstances. To help with interpretation, Buck Brice, Assistant City Attorney, cited Municipal Code Section 14-544 Variance Procedures. Chairman Munoz stated the City needs to implement a milestone before the concrete is placed (confirm the height of the forms) to help prevent the continuance of this problem. If the builder does not meet this milestone then they would not be able to pour the foundation. After Board discussion concluded, the following motions were acted on: Mr. Wanzer made a motion to deny the variance request for item “1” and it was seconded by Mr. Jimenez. A roll call vote took place and the motion did not pass (two in favor and five in opposition). Mr. Cervantes made a motion to approve the variance request for item “1” and it was seconded by Vice Chairman Camp. A roll call vote took place and the motion passed with Mr. Wanzer and Mr. Cervantes voting “no”. 2. UNo. R96544 & R96542U - Request for variance related to minimum elevation requirements (freeboard) for a new construction single-family residence at 15314 & 15316 Cruiser, Corpus Christi, Texas by Texas Home Contractors per the Corpus Christi floodplain regulations. Ms. Chapa presented item “2” for the record. At permit submittal, Texas Home Contractors presented a pre- construction elevation certificate that indicated Code compliance for both properties (finished floor at 11’). Upon final inspections, Texas Home Contractors presented elevation certificates based on final construction that indicated both habitable spaces (finished floor at 10.5) and both garages were non-compliant. The finished floor does meet FEMA’s minimum standard requirement of finished floors at or above AE BFE 11’. The garage area can come into compliance with installation of flood vents. The appeal application and certificates were provided to the Board with Staff’s report. After Staff’s presentation the public hearing was opened for this item. Owners of the subject property, Heriberto and Marisa Cisneros, addressed the Board in support of the variance request. Mr. Cisneros stated they were not aware of the issue until the end of the project and thought they were compliant when the concrete was poured. He asked if there is anything else to do apart from the flood vents in the garage that can help the situation as he has tenants that need to move in soon. With no one else coming forward, the public hearing was closed. Discussion amongst the Board took place regarding conversion of datum in Section C2 – Building Elevation Information of the Elevation Certificate provided by Ronald Brister. A motion to approve item “2” was made by Vice Chairman Camp and it was seconded by Mr. Jimenez. A roll call vote took place and the motion passed with Mr. Merdes voting “no” and Mr. Brister abstaining. 3. UNo. R93315U - Request for variance related to minimum elevation requirements (freeboard) for a new construction single-family residence at 15017, 15021, 15025, 15029, 15033, 15037, 15041, 15045, 15101 Kokomo Drive, Corpus Christi, Texas by Aruba Bay Resort, LLC per the Corpus Christi floodplain regulations. Ms. Chapa presented item “3” for the record (Aruba Bay Townhome – Building 2). At permit submittal, Aruba Bay Construction presented a pre-construction elevation certificate that indicated Code compliance (finished floor at 11’). Upon final inspections, Aruba Bay Construction presented an elevation certificate based on final construction that indicated the finished floor (habitable space) is noncompliant (finished floor at 10.6). The finished floor does meet FEMA’s minimum standard requirement of finished floors at or above BFE. The appeal application and certificates were provided to the Board with Staff’s report. After Staff’s presentation the public hearing was opened for this item. Alex Harris with Aruba Bay Resort addressed the Board in support of the variance request. He stated he was under the impression the building was compliant up until receiving the final elevation certificate revealing the building is at 10.6 and not 11’. He informed the Board that this site is unique site and has three different elevations with several buildings adding to 72 units. He said this company has built hundreds of townhomes in Port Aransas and Padre Island and they have not made this kind of mistake in over 15 years. He apologized for the mistake and would correct the issue but at this point it is unfeasible. He plans to improve processes and implement within his team that will help avoid these mistakes in the future. He asked the Board to consider approval of the request as they currently have buyers interested in obtaining certificates of occupancy as soon as possible. With no one else coming forward, the public hearing was closed. A motion to approve the variance request for item “3” was made by Mr. Merdes and it was seconded by Mr. Cervantes. A roll call vote took place and the motion passed unanimously. 4. UNo. C122877U – Request for variance related to the current City ordinance requiring developers to adhere to the more stringent of either the effective or preliminary FEMA Flood Insurance Rate Maps (FIRMs). This request is for a new commercial project located at 502 S. Clarkwood, Corpus Christi, Texas by Richard Valls for 44 Clarkwood, LLC per the Corpus Christi floodplain regulations. Ms. Chapa presented item “4” for the record. The preliminary map shows the circumstances have improved for this area and without a variance for the height of the finished floor. The applicant claims the project would be unable to move forward at effective BFE of 45.5. This request, if approved, allows the site and structures to be developed according to the requirements set forth on the Preliminary FEMA Flood Insurance Rate Map (BFE 42.5). The appeal application with a proposed plan has been provided to the Board along with Staff’s report. After Staff’s presentation the public hearing was opened for this item. Representing the applicant, Lawrence Valls and Richard Valls addressed the Board in support of the variance request. He gave some background information regarding the commercial project. The site will have a warehouse for the purpose of storing “mobile mini” units; offices will be separate from the warehouse. He reiterated that utilizing the Preliminary maps would be more reflective of the flood risks in the area. They plan to construct habitable space closer to the road which would place the buildings at three feet above the street level. Requiring a BFE of 45.5 would create difficulty with egress/ingress for the site and jeopardize the viability of the entire project at this site. Engineer for the project, Michael York, addressed the Board and clarified that the preliminary map has removed much of this site from the special flood hazard area. Discussion also took place regarding drainage with respect to adjacent properties and the estimated adoption of the preliminary maps due to appeals. With no one else coming forward, the public hearing was closed. A motion to approve the variance request for item “4” was made by Mr. Jimenez and it was seconded by Mr. Brister. A roll call vote took place and the motion passed with Mr. Wanzer voting “no”. VI. DEPUTY BUILDING OFFICIAL REPORT Luke Fry, Deputy Building Official, informed the Board on the upcoming Technical Review Committee meetings beginning next month for the 2021 Code Adoption Cycle; a schedule will be made available soon. Informational Bulletins for Drainage Requirements (#8) and Engineered Wood Products (#10) will be effective June 1, 2021. VII. FUTURE AGENDA ITEMS The following items were discussed and added for a future agenda: 1. Possible General Contractor Registration Program 2. Form Surveys and/or Elevation Certificates 3. Identifying and Reporting Unlicensed/Unqualified Workers Al Raymond, Director of Development Services, stated Staff would conduct some benchmarking of surrounding cities and report findings back to the Board at the next meeting. VIII. ADJOURNMENT There being no further business to discuss, the meeting was adjourned at 3:30 p.m.