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HomeMy WebLinkAboutAppeals.Minutes.07-14-2016 MINUTES BOARD OF APPEALS City of Cape Girardeau P.O. Box 617 Cape Girardeau, Missouri 63702-0617 July 14, 2016 The Board of Appeals met on Thursday, July 14, 2016 at 7:00 p.m. in the Council Chambers, City Hall, at 401 Independence Street. Members Present: Joe Burton, Melanie Cantrell, Craig Milde, Robert Blasiney, Willie Sandin (alternate). Members Absent: Mark Strickland, Mike Annis, Christopher Johnson, Kristen Uhrhan (alternate). The meeting was called to order at 7:00 p.m. by Vice Chairman Melanie Cantrell and 0.111 the roll was called. Motion was made by Craig Milde to accept the minutes from the December 10, 2015 meeting; Willie Sandin seconded the motion. The motion passed 5-0 in favor. Appeals Request: 1 . An appeal request by Collins Mill Development LLC, Derrick Geringer, Old Hopper Road-Collins Mill Subdivision, to vary from the 2015 International Fire Code Appendix D107.2 "One or Two Family Dwelling Residential Developments". Vice Chairman, Melanie Cantrell opened the meeting to review the request of Collins Mill Development LLC for a variance from 2015 International Fire Code at Old Hopper Road. Mr. Chris Koehler with Koehler Engineering will present to the board the appeal request, Mr. Koehler explained to the board the fire code states developments of one and two residential dwellings where the number of dwelling units exceeds 30 there should be two separate and approved access roads. The Collins Mill Development will have forty two (42) total lots, with twelve (12) lots facing Old Hopper Road and using Old Hopper as access. The remaining 30 lots would exit by way of Collins Mill Road; if the lots on Old Hopper are counted with the rest of the development then the number would exceed the 30 lot requirement for two access roads. Mr. Koehler would like the BOARD OF APPEALS MEETING July 14, 2016 Page 2 board to interpret the request as the twelve not being part of the development because they face Old Hopper Road and has Old Hopper Road access, the engineer and developer feels they meet the intent of the fire code with the omittance of those twelve lots. The developer explained to the board the problem with the land in that area, it would be very difficult to move the amount of dirt to install another access road, and he said he would love to have the second access, but it will be impossible because of the terrain. Board member Craig Milde mentioned the memo from Anna Kangas, Building and Code Enforcement Manager, the memo states section 108.2 Limitations on authority, any application for appeal shall be based on a claim that the intent of the code or the rules legally adopted have been incorrectly interpreted the provisions of this code. The designers believe the City incorrectly interpreted the code, specifically IFC section D107.1 . Developments of one or two family dwellings where the number of dwelling units exceeds 30 shall be provided with two separate and approved access roads. This proposed subdivision contains 42 total buildable lots; 30 lots are interior and 12 are accessed from Old Hopper Road, this exceeds the allowable 30 total lots for the development with only one access road. If the board believes the code was interpreted incorrectly, then only one access road into the subdivision is required. If the board believes the code was interpreted correctly, then two access roads into the subdivision are required. Willie Sandin made a motion to approve the appeal request from Collins Development that the cities interpretation of Section D107.1 of the 2015 International Fire Code was incorrect. Robert Blasiney seconded the motion. Vice Chairman Melanie Cantrell asked for a roll call vote by name. Willie Sandin, yes Robert Blasiney, yes Joe Burton, yes Melanie Cantrell, yes Craig Milde, no The motion passed 4-1 in favor. Only one access road will be required into the new Collins Mill Subdivision, twelve lots will be accessed on Old Hopper Road. The interior houses are limited to thirty and are accessed by one road. Being there was no other business at this time; a motion was made to adjourn. The meeting adjourned at 7:54 p.m. The next meeting of the Board of Appeals is scheduled for August 11, 2016. BOARD OF APPEALS MEETING July 14, 2016 Page 3 Re pect ully Submitted, / / Craig Milde Secretary