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HomeMy WebLinkAboutAppeals.Minutes.03-10-2005 MINUTES BOARD OF APPEALS City of Cape Girardeau P.O. Box 617 Cape Girardeau, Missouri 63702-0617 March 10, 2005 The Board of Appeals met on Thursday, March 10, 2005 at 7:00 p.m. in the Council Chambers, City Hall, 401 Independence Street. Members Present: Joe Burton, Farris Nabors, Paul Grebe, Tony Sebek, Mike Annis (alternate) and Tom Phillips (alternate). Members Absent: Dave Alberson and Dave Pfeiffer The meeting was called to order at 7:00 p.m. by Vice - Chairman Tony Sebek and the roll was called. Motion was made by Joe Burton to accept the minutes from the February 10, 2005 meeting, with the amended changes. Amend the members present to include Joe Burton and last paragraph on page 3, should read "fences would be subject to permits". Farris Nabors seconded the motion. The motion passed 5-0 in favor. Appeals Request: 1. An appeal request by First State Community Bank, at 2527 William Street, for a variance from Section 404.5 "Enclosure of Atriums" and Table 714.2 "Opening Protect ive Fire-Protection Ratings" of the 2000 International Building Code, for the Main Entrance Vestibule. Robert S. McClary, Director of Inspection Services, entered the following documents into the record: Application of First State Community Bank, 2000 International Building Code and the 2000 International Fire Code. BOARD OF APPEALS MINUTES March 10, 2005 Page 2 Vice-Chairman Tony Sebek opened the meeting to review the request of First State Community Bank to vary the 2000 International Building Code Section 404.5 and Table 714.2. The request would allow the Main Entrance Atrium doors and sidelights to have a fire sprinkler water curtain on both sides and on both levels. Wade Welch, Hoener Associates, Inc. the project architect was present to give the board the information about the appeal request for a variance from Section 404.5 and Table 714.2 of the 2000 International Building Code. Robb McClary, Inspection Services Director and Fire Marshal, Mike Morgan were asked by the board if either department had any concerns or comments to the variance appeal requested by First State Community Bank. Mr. McClary and Fire Marshal Morgan had no objections to the appeal request, it was felt the sprinkler water curtain would adequately protection the atrium doors. The board was asked if they had a chance to review the drawings submitted by Hoener Associates, Inc. The board members indicated they did have a chance to review the drawings 1001) and did not have any comments or questions. Vice-chairman Tony Sebek informed Mr. Welch that the full board is not present and he had the right to postpone the decision from the board until next month when the full board is present. Mr. Welch informed the board he had decided to proceed with appeal request for the variance and would accept the decision from the board. Joe Burton made a motion to approve the appeal request and grant the variance. Paul Grebe seconded the motion, motion passed 5-0 in favor. Discussion of the 2003 International Residential Code. Mark Stovall, Building Inspector, Mike Conrad, Plumbing and Mechanical Inspector and Mike Morgan, Fire Marshal, presented to the board the proposed changes to the 2003 International Residential Code. Dave Pfeiffer presented to the city staff some questions and suggestions for the review of the Residential Code. Amendments 2, 3, & 4 should be numbered R105.2 (1), R105.2 (2) and R105.2 (3). Another note from Dave is Section R105.2 (2) and Section R105.2 (3), he understood from the city attorney that this section could not be deleted. The Residential Code exempts fences and retaining walls. Currently we do not have permits for fences; we want to require permits for fences. Section R105.2 (2) could be amended to read fences over three (3) feet we would require permits. BOARD OF APPEALS MINUTES March 10, 2005 Page 3 Robb McClary explained that the reason we should require permits for fences is because many times people violate the zoning ordinance and people erect the fences in the wrong locations; such as on the property line and on the city right of way. When a person would come in to the office for a permit we would require a site plan to verify the correct location of the fence and the proper height of the fence. The zoning ordinance states a fence can not be over three (3) feet in height in the front yard. The staff proposes changing it to include four (4) foot fences, because there more four (4) foot decorative fences manufactured now. Section R105.2 (2) could be amended to read fences over three (3) feet and tall would require a permit. Dave Pfeiffer suggested changing amendments 21 and 22 they should read a letter E before the numbers in Section 3901.1 and Section 3901.2. Mark Stovall presented the suggested changes of the 2003 International Residential Code to the board. Amendment number 1 is administrative and has not changed from the 2000 changes. Number 2 pertains to the zoning ordinance, the building code and the residential code. Each code is different when to exempt an accessory building from requiring permits, zoning ordinance states 100 square feet, 2003 International Building Code states 200 square feet and the 2003 International Residential Code states 120 square feet. The staff suggested using 150 square feet as a universal number for the zoning ordinance, the 2003 International Building Code and the 2003 International Residential Code, when exempting an accessory building from requiring a permit. Mike Annis made a motion to recommend increasing the accessory structures in the 2003 International Residential Code and the 2003 International Building Code to read "up to and including 150 square feet" to exempt from requiring permits. Amendments 1 and 5 were also recommend for approval. Farris Nabors seconded the motion. The motion passed 5-0 in favor. Robb McClary suggested amending amendment number 3, which is Section R105.2 (3) of the code to read fences over three (3) feet and taller would require a permit. Mike Annis made a motion to require any fences under three (3) feet would be exempt from a permit. Joe Burton seconded the motion. The motion passed 5-0 in favor. Mark Stovall discussed with board the recommendation by the staff to amend Section R105.2 (3) to make all retaining walls to require permits. Board member Mike Annis feels that all retaining walls even for a residential project would require an engineer to design the retaining wall. There is also a concern by the board the liability that the city would be assuming by requiring permits for all retaining walls. Mr. McClary said city staff would probably require a manufacturer's specifications for a residential retaining BOARD OF APPEALS MINUTES March 10, 2005 Page 4 wall and an engineered design for a commercial retaining wall. His concern is the large commercial retaining walls that we are not getting any type of permits for, presently the city doesn't even require a fence on the top of these high retaining walls. Joe Burton asked Robb McClary if the 2003 International Residential Code does it give us specifications for the varies heights and consistency of the back fill? Robb McClary answer was no, he does believe the code addresses these concerns. Robb McClary asked that amendment number 4 be removed from the staff recommendations. He also asked that the City Code of Ordinances Section 7.7.3 to read 150 square feet for accessory structures instead of the present ordinance which reads 100 square feet. Mike Annis made a motion to amend the City Code of Ordinances Section 7.7.3 to read "150 square feet and under" to be exempt from permits for accessory structures. Joe Burton seconded the motion. The motion passed 5-0 in favor. Section R310.1 "Emergency Escape and Rescue Required" it is suggested by the city staff to amend this section to add the definition of a sleeping room. A sleeping room is defined to mean any room in the dwelling that is greater than 70 square feet and has built in closet space and typically could be used as a bedroom. This does not include rooms used for cooking, toilet rooms, halls, storage, utility and workshop space and all unconditioned space. The 2003 International Residential has changed the section pertaining to emergency escape and rescue required that is why we want to retain the sleeping room definition. Mike Annis made a motion to approve the recommended amendments number 5 - 23. Farris Nabors seconded the motion. Motion passed 5-0 in favor. Mike Annis asked to discuss with the board and staff members some concerns he has with the 2003 International Residential Code. Section 703.7 Brick veneer would not be enforced because of seismic. Section 311.5.3.3 Deals with stair nosing, "Profile" is the what code refers to this section. It has always been in the codebook, will if continue to be un-enforced? The city staff reported that we have been enforcing this section, but it has been difficult getting all the contractors to realize this section will be enforced by the city. Section R320.1 Decay and Termite. City does not enforce this section. Section 802.11 Changes to rafter ties from the 2000 Residential Code. Robb McClary indicated the city was enforcing this section by requiring truss specifications for plan review. Section 309.2 Separation required. Changed the ceiling back to 5/8" type X drywall r‘ for split foyer type houses where a bedroom is over the garage. BOARD OF APPEALS MINUTES March 10, 2005 Page 5 Being there was no other business at this time, a motion was made to adjourn. The meeting adjourned at 8:15 p.m. The next meeting of the Board of Appeals is scheduled for April 14, 2005. Respectfully Submitted, Paul Grebe Secretary