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
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MEETING
December 10, 2015
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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
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MEETING
December 10, 2015
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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