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
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MEETING
July 14, 2016
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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.
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MEETING
July 14, 2016
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Re pect ully Submitted,
/ /
Craig Milde
Secretary