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HomeMy WebLinkAboutAppeals.Minutes.12-10-2015 MINUTES BOARD OF APPEALS City of Cape Girardeau P.O. Box 617 Cape Girardeau, Missouri 63702-0617 December 10, 2015 The Board of Appeals met on Thursday, December 10, 2015 at 7:00 p.m. in the Council Chambers, City Hall, at 401 Independence Street. Members Present: Mark Strickland, Joe Burton, Melanie Cantrell, Mike Annis, Craig Milde, Robert Blasiney, Willie Sandin (alternate) and Kristen Uhrhan (alternate). Members Absent: Christopher Johnson The meeting was called to order at 7:00 p.m. by Vice Chairman Joe Burton and the roll was called. Motion was made by Mike Annis to accept the minutes from the April 9, 2015 meeting; Melanie Cantrell seconded the motion. The motion passed 8-0 in favor. Vice Chairman Joe Burton opened the meeting with the Building and Code Enforcement Manager, Anna Kangas; she introduced new members appointed to the Board of Appeals, Christopher Johnson and Craig Milde. City Manager, Scott Meyer appeared before the Board of Appeals to thank the board for their service on the advisory board. The City Attorney, Eric Cunningham, he opened his presentation to the board with the Sunshine Law and Conflicts of Interest Rules. Sunshine Law: Chapter 610-010 of the Revised Statues of Missouri. All public governmental bodies are subject to provisions of the Sunshine Law; this includes city councils, advisory boards and commissions. The Sunshine Law establishes specific requirements for providing notice of meetings to the public and the media. Each meeting shall be held at a place reasonably accessible to the public and of sufficient size to accommodate the anticipated attendance by members of the public and at a time reasonably convenient to the public. Closed meetings are authorized for limited purposes and with specific procedures under Section 610.021 . Any person, taxpayer, the attorney general, or the prosecuting attorney may bring an action to enforce the Sunshine Law. The legislative has added a new section to the statue, Section 610.025 Electronic transmission of messages relating to public business, this section pertains to BOARD OF APPEALS MEETING December 10, 2015 Page 2 texting or any other means of electronic messaging between board members, if any decisions are voted by the members the correspondence should also be sent to the public computer for retain of the record. When in doubt as to any of the provisions of the Sunshine Law, you should discuss the matter with your staff contact and ask for an opinion from the City Attorney's Office. Conflict of Interest: Chapter 2 of the City Code of Ordinances. The city government is considered a corporation by the legislature of the State of Missouri. The proper operation of municipal government requires that public officials and employees be independent, impartial and responsible to the people; that public office not be used for personal gain. The key to the Conflict of Interest Article is disclosure. Any member of the board who has substantial personal or private interest as defined by this chapter in any matter before the board shall disclose to the board the nature of that interest and shall be disqualified from voting on, discussing with the board or talking to the staff on any matters relating to this interest. Appeals Request: 1. An appeal request by Community Counseling Centers, Garen Miller, 1416 Luce St, to vary from the 2015 International Existing Building Code Section 407 "Change of Occupancy". Vice Chairman, Joe Burton requested the representatives for the appeal request present to the board the appeal request at 1416 Luce St. Mr. Garen Miller and Larry Ream are the representatives for the appeal. They are requesting the proposed project be classified as a single family residence and be reviewed under the 2015 International Residential Code. This proposal is to convert this residence into a limited group home with 4 or less unrelated clients of the Community Counseling Center. Until 2009 the International Building Code permitted care facilities of under 5 non-related residents to be classified as a single family residence and be reviewed under the Residential Code. The 2012 and 2015 IBC now indicate that small care facilities must be fire suppressed (sprinkled). The home on 1416 Luce Street would be difficult to sprinkle because of the water service size and the construction of the existing building. The owner is requesting the City consider provision of Section 407 of the 2015 International Existing Building Code, which would determine "Equal Use" for this occupancy, the owner is offering the following improvements beyond what is required by the code. A second means of egress will be added to the outside of the structure, connecting the second floor directly to grade. A fire alarm system complying with Section 906.6.2 of the 2015 IBC which would include pull boxes, interconnect system monitoring and a properly trained staff member from Community Counseling will provide 24 hour supervision of the occupants BOARD OF APPEALS MEETING December 10, 2015 Page 3 and be aware during the supervision period. This could be considered an R-3 use group to be reviewed under the Residential Code. There will not be any non-functional person to be housed at the facility, there will not be any locks on the doors and the facility is a non-smoking residence. Fire Marshal, Brian Schaffer has reviewed the request and has indicated they will be going beyond the requirements of the fire code for residential. He has no objections for the variance request. Joe Burton made a motion to approve the appeal request by Community Counseling Center for 1416 Luce St., to vary from the 2015 International Existing Building Code Section 407 "Change of Occupancy". Melanie Cantrell seconded the motion, the motion passed 8-0 in favor. 2. ELECTION OF OFFICERS. Melanie Cantrell made a motion to nominate Mark Strickland as Chairman, Joe Burton seconded the motion. Motion passed 8-0 in favor. Joe Burton made a motion to nominate Melanie Cantrell as Vice Chairman, Mark Strickland seconded the motion. Motion passed 8-0 in favor. Melanie Cantrell made a motion to nominate Craig Milde as Secretary, Mike Annis seconded the motion. Motion passed 8-0 in favor. Being there was no other business at this time; a motion was made to adjourn. The meeting adjourned at 8:29 p.m. The next meeting of the Board of Appeals is scheduled for January 14, 2016. Respectfully Submitted, eta/ALL d'r , Melanie antrell Secretary