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HomeMy WebLinkAboutAppeals.Minutes.02-10-2005 MINUTES BOARD OF APPEALS City of Cape Girardeau P.O. Box 617 Cape Girardeau, Missouri 63702-0617 February 10, 2005 The Board of Appeals met on Thursday, February 10, 2005 at 7:00 p.m. in the Council Chambers, City Hall, 401 Independence Street. Members Present: Joe Burton, Dave Pfeiffer, Dave Alberson, Farris Nabors, Paul Grebe, Tony Sebek and Tom Phillips (alternate). Members Absent: Mike Annis (alternate) eRN The meeting was called to order at 7:00 p.m. by Chairman Dave Alberson and the roll was called. Motion was made by Tony Sebek to accept the minutes from the January 13, 2005 meeting. Tom Phillips seconded the motion. The motion passed 6-0 in favor. Appeals Request: 1. An appeal request by Chateau Girardeau, 3120 Independence Street, for a variance from Section 903.2.5 "Automatic Sprinkler Systems, Group I" and Section 903.2.7 "Automatic Sprinkler Systems, Group R-1" of the 2000 International Building Code for the renovation of the South Wing. At this time, Tony Sebek stated that he had a conflict of interest, since Chateau Girardeau engaged him on another project, and he left the room for the entire discussion and voting on the issue. Robert S. McClary, Director of Inspection Services, entered the following documents into the record: Application of Chateau Girardeau, Memorandum of Fire Marshal dated February 4, BOARD OF APPEALS MINUTES February 10, 2005 Page 2 2005, 2000 International Building Code, 2000 International Fire Code and the City Zoning Ordinance. Chairman Alberson opened the meeting to review the request of Chateau Girardeau for a change in use for the First Floor South Wing. The request would allow the First Floor South Wing to be converted into licensed Residential Care for eleven residents but without installing a fire sprinkler system throughout the entire building. A fire system will be installed in the First Floor South Wing but the request would exempt the building and fire code requirements to install fire sprinklers in the rest of the building upon the change in use. Ms. Nancy Rodney, Principal/Architect of ACI Boland of St. Louis, addressed the board. She introduced Mr. Frank S. Soltys, Chief Executive Office for Chateau Girardeau. She stated that the First Floor South Wing would be remodeled for only eleven residences for Residential Care and that it would be fire sprinkled as required by the state license for Residential Care. She stated that this would enhance the safety of the entire building due to the installation of the sprinklers as well as the 24-hour staffing requirements for this wing. Mr. Alberson asked the type of construction of the building. John Creutz, Plan Review Specialist, stated that it was Type 3-B due to the addition of a wood truss roof system. Mr. Alberson then asked when the sprinkler requirement was added to the building codes for three stories. Mr. Creutz stated that the requirement has been a code requirement since at least 1993. Mr. Alberson also asked if other parts of the building were currently sprinkled. Mr. Soltys said that there were a few areas currently sprinkled but that he had hoped to utilize the existing fire alarm system and existing water service for this remodeling and that sprinkling the entire building may require a larger water main. Fire Marshal Mike Morgan was introduced and stated that he would like to see the entire building ultimately sprinkled within a three to five year time frame as outlined in his memorandum dated February 4, 2005. Tom Phillips made a motion to approve the request as submitted. He stated that he was the architect on the original building and that it was very well constructed, with concrete floors and ceilings and masonry walls. The original building had a flat roof, but was later converted to a pitched roof utilizing wood trusses. The motion died for lack of a second. Mr. Pfeiffer made a motion to approve the request with the conditions outlined by the Fire Marshall in his memorandum dated February 4, 2005. The Fire Marshal recommendation is r‘ attached hereto and is made a part of these minutes by reference. Mr. Burton seconded the motion, which passed with the following vote: BOARD OF APPEALS MINUTES February 10, 2005 Page 3 Ayes: Pfeiffer, Alberson, Nabors, Grebe, and Burton (5). Nays: Phillips (1). Abstaining: Sebek (1). Absent: Annis (1). City Code Amendments: City Code Section 15-430 Robert S. McClary, Director of Inspection Services, presented a memorandum dated February 7, 2005, outlining a request from the Board of Examiners that would tighten the owner-occupied exemption from licensing. This exemption is contained in City Code Section 15-430. The Board of Examiners wishes to change the language to require that the homeowner requesting the exemption "is currently" rather than "will be" the occupant of the structure. Mr. McClary's me mo recommended that the board consider an alternate approach and consider restricting the exemption to not more than one such exemption every five years. The memo stated that some people who may apply for the exemption wish to purchase a house and remodel it before they move in or may wish to build a new house to live in. The board's reco mmendation would exclude that current exemption. Joseph P. Wolsey, Chairman, and Dan Stitz, member of the Board of Examiners were present to support the recommendation of the board. Mr. Stitz addressed the board and said that he was aware of abuses where the homeowner never occupied the property or where unqualified individuals abused the time of the city inspector by expecting to be trained at what to do to meet code requirements. Mr. McClary suggested that a compromise position would be to allow homeowners who would occupy the property after remodeling or new construction if they would appear before the board to present their qualifications to do other-wised licensed work. Further, the same individual could not obtain a permit at a different address within five years of the owner-occupied permit. Mr. Sebek made a motion to direct staff to revise its recommendation. The new recommendation is to include "is currently" language. The proposal should also contain language to allow exemptions for individuals wishing to occupy the building after completion of construction, provided the individual appear before the board of examiners to present his qualifications to do the licensed work. Further, no individual would be allowed another owner-occupant exemption within three years of the last licensed-exempt permit at a different address. Mr. Grebe seconded the motion, which passed with the following vote: BOARD OF APPEALS MINUTES February 10, 2005 Page 4 Ayes: Pfeiffer, Alberson, Nabors, Grebe, Burton, Phillips, and Sebek (7). Nays: None. Abstaining: None. Absent: Annis (1). Mr. McClary stated he would forward a copy of the revised proposal to the Board of Examiners. City Code Section 7-7 Robert S. McClary, Director of Inspection Services, provided copies of his memo dated February 7, 2005, requesting changes to Section 7-7 of the City Code regarding exemptions from permits and inspection fees. There were three recommendations: 1. To remove the limit of$250.00 for minor alterations, not involving any change in major structural parts, such as walls, beams, girders, etc., or in chimneys, flues, means of ingress or egress. 2. To remove the City Code language providing an exemption for auxiliary buildings not exceeding 100 square feet. If this exemption were eliminated, then the limitations in the building codes would apply, which is 120 SF for commercial and 200 SF for residential. 3. To remove the exemption for fences and retaining walls. Mr. Sebek made a motion to approve the recommendations as presented. Mr. Burton seconded the motion. The motion passed 6-0 in favor. Discussion of the 2003 International Building Code. John Creutz, Plan Review Specialist, presented his recommendations regarding the 2003 IBC and the City Code Sections 7-6 relating to adoption of the new code. The recommendations would retain paragraphs 1-4 and 7-8 exactly as currently written. Staff is withdrawing its recommendations regarding fees for fence and retaining wall permits since these would be considered as new fees under the state constitution' s "Hancock" amendment and would require a vote of the electorate. BOARD OF APPEALS MINUTES February 10, 2005 Page 5 Mr. Sebek made a motion to adopt the proposed Section 7-6 as presented and with the two sections dealing with fence and retaining wall fees omitted. Mr. Phillips seconded the motion. Motion passed 6-0 in favor. City Code Section 7-7 is covered in Mr. McClary's recomm endation above. City Code Section 7-27 would adopt the 2003 International Building Code. City Code Section 7-28 provides local amendments to the 2003 International Building Code. There were 20 sub-sections covered under this section. Mr. Pfeiffer asked about the Property Maintenance Code referenced in paragraphs 18 and 19. Robb McClary responded that the board would be considering the proposed 2003 Property Maintenance Code at an upcoming meeting. Mr. Sebek questioned the meaning of the word "shall" as used in paragraph 11 reg arding Board Decision. He suggested that the word "may" would have a clearer meaning that the board has discretion to approve or not approve a request for an appeal. Dave Pfeiffer made a motion to approve City Code Sections 7- 27 and 7-28 as presented by staff. Mr. Phillips seconded the motion. Motion passed in favor 6-0. Tony Sebek made a motion to adopt the 2003 International Building Code, as amended. Farris Nabors seconded the motion. Motion passed 6-0 in favor. Being there was no other business at this time, a motion was made to adjourn. The meeting adjourned at 8:32 p.m. The next meeting of the Board of Appeals is scheduled for March 10, 2005. Respectfully Submitted, -c-72 }1141 Paul Grebe Secretary