No preview available
HomeMy WebLinkAbout1999-04-19 - MinutesISI 1ICROFILMED 1645 S. INDUSTRIAL DR. MINUTES CONSTRUCTION BOARD OF ADJUSTMENT AND APPEALS (CBAA) APRIL 19, 1999 A meeting of the Construction Board of Adjustments and Appeals was held on April 19, 1999, at 1:00 • p.m., in room 111 of the City Administration Building, Fayetteville, Arkansas. • MEMBERS PRESENT: OTHERS PRESENT: Mike Tramill, Tommi Perkins, Butch Green, Dennis Becker, O.E. "Eudell" Lutrell, and Jim Key Tom Stockland, Burt Hanna, Mickey Jackson, Minor Wallace, Bert Rakes, and Jan West Jim Key, Chair, declared the meeting open and asked for a role call. Bert Rakes Secretary, called the role. Stan Johnson, Matt Bodishbaugh and Stephen Jeffus were absent. Bert stated that the agenda reflected the resignation of Stephen Jeffus. Bert thanked Stephen for the work he had done on the board and welcomed Tommi Perkins to the board. Jim Key made sure that there would be a quorum for this meeting, and was assured by Bert, that there was for this meeting. Jim asked if there were any additions or deletions to the mihutes of the last board meeting and if not if he could have a motion to accept the minutes. Mike Tramill made the motion and O. E. Lutrell seconded the motion. The vote was unanimous to accept the minutes. Mr. Key stated that this is the second hearing of the appeal of Mr. Hanna, for his property at 1645 S Industrial Dr. Mr. Rakes reminded the Chair that rtiles governing the board, stated that Mr. Hanna would state his case, the Building Inspector would then state his case, the Board would discuss the issues, then Mr. Hanna would have an opportunity for rebuttal. There then would be a vote by the Board. • • • • 1 • REQUEST FOR APPEAL OF DECISION OF THE BUILDING OFFICIAL AND THE TECHNICAL PROVISION OF THE 1991 STANDARD BUILDING CODE FOR 1645 S. INDUSTRIAL DRIVE MR. BURT HANNA MR. TOM STOCKLAND Mr. Key asked Mr. Hanna to state his case to the Board. Mr. Hanna quickly ran down the situation, as he had at the last meeting, about needing either a fire wall, water curtain or an easement from the adjacent property owners, to be able to meet the code requirements for his new building. Mr. Hanna stated that he had contacted the adjacent property owner and they had reached an agreement on the sixty foot easement. Mr. Hanna remarked that Tom Stockton, attorney, and Mr. Rakes had gone over the papers for the easement and made sure that everything that the Inspection Division required was a part of the agreement. Mr. Stockton and Mr. Rakes had finally reached an agreement that was then presented to the adjacent property owner. Mr. Hanna stated that he did not think that he was here to appeal a decision but more to see if the easement agreement was acceptable to the Board. Mr. Rakes stated that he understood that this was an alternative to the previous solution of sprinkling. Mr. Rakes did not believe that the Board had ever voted to approve either of these alternatives. Mr. Key asked if the existing building was sprinkled and if the new building would be sprinkled? Mr. Hanna answered in the affirmative. Mr. Key asked if there were any members of the public present to object to this request at this time. Since there were not, Mr. Key suggested that they move on to the Building Officials position regarding this matter. Mr. Rakes stated that Mr. Hanna had a building permit issued and this permit stated that there would be a four hour firewall built. The firewall has not been built at this time, but Mr. Hanna did have designs and requirements for the firewall, hoping that the technical provisions can be varied, so that the Construction Board of Adjustments and Appeals, will feel comfortable that this meets the intent of the code. Mr. Rakes stated that Mr. Hanna had pursued the idea to get the sixty feet of clearance, so he could meet the intent of the code. Since Mr. Hanna did not own the property, the next best thing would be to obtain an easement that would not allow any building. This would go with the land and could not be changed as long as Mr. Hanna's building was there. Mr. Rakes and Mr. Stockton have worked together to get a document that would do that. For further protection there is a high pressure gas line going through the property, with an easement for the gas line that isn't likely to change, so that they could not build on it any way. Mr. Rakes went on to say that the question now is, does this easement fulfill the requirement of the code, where another building can not be built in that easement. Mr. Key's recollection of the previous meeting on this matter, presuming there were no objections from Mr. Rakes, the public or the board, there was discussion of whether they have a sprinkler system, a same sprinkler and riser, or, as would be desirable from the city's stand point, a separate riser. Since Mickey Jackson is present, would he have any comments. Mr. Jackson, Fire Chief, stated that there is sprinkler installation code, and if this were being followed he would have no problems. Mr. Hanna commented that he knew the code called for a new riser system for every 36,000 sq. ft., and they had 39,000 sq ft. So they added a third riser to the system. Mr. Green thought that the primary problem the last meeting, was not having a combustible building put less than sixty foot easement. He thinks that Mr. Hanna has met the heart of the code, and for all practical purposes has met all of the concerns of the Board. • Mr. Key stated that the Board had asked Mr. Hanna to go back and see if he could go back and attain a sixty foot easement. Mr. Hanna has done exactly what the Board has asked of him and attained the sixty • foot easement. Mr. Tramill said that he still had questions about the availability of the fire hydrant to the fire department, and would Mr. Jackson have any comments to this situation. Mr. Jackson said that the state fire code requires that no part of the building be more than five hundred feet from the hydrants, that and the basic spacing regulation that we have with the city, are the only two hydrant location requirements that we have. Mr. Tramill stated he was concerned about being able to approach the hydrant during a blaze. Mr. Jackson did not think, that with a sprinkled building, that the approach would be that much of a problem. • Mr. Key asked if any one had more questions and if not would some one want to make a motion. Mr. Tramill moved that with the document that Mr. Rakes and the attorney, Mr. Stockland, had drawn up was so well written, seems to satisfy totally what Mr. Hanna wanted to do and attempted to do, and seems like he accomplished that, therefore he has met all of the Boards requirements. Ms Perkins, seconded the motion. Mr. Key said there would be a vote unless someone had further discussion. Mr. Lutrell asked Mr. Rakes if he saw anything missing from the easement agreement. Mr. Rakes stated that we were fulfilling the intent of the code, it would be better if Mr. Hanna owned the property, but the easement goes with the property and it has been recorded at the Court House. Mr. Key said if there were no other questions they would vote. We had a motion for approval and a second. The motion was approved unamiously, Butch Green abstaining . Mr. Rakes made the comment that he had talked to Mr. Bodishbaugh and Mr. Johnson and they had wanted to make sure that the document for the easement would prohibit building on the easement. Since those questions were covered to their satisfaction they would have voted favorably for the motion. Mr. Hanna was very appreciative of all of the work and help that the Board and Mr. Rakes in particular had done to make the process easier. Mr. Key seconded the thanks to Mr. Rakes. Mr. Key then asked if there was any old business to take care of at this time. Mr. Rakes replied that at the last meeting, there was a question about alternate members. The legal opinion was alternate members can discuss, but can not vote, unless a regular member is absent. If both alternates come to the meeting, and their vote is needed, the voting alternate would have to selected by a coin toss. Mr. Key asked who the alternates are, they are Mr. Butch Green and Mr. Stan Johnson. Mr. Rakes stated that with Stephen Jeffus' resignation, that more than likely one of the alternates would move up to a regular member. The City Clerk will advertise for the new member and nominating committee on the city council will make the decision. Mr. Rakes took this opportunity to introduce the new commercial inspector for the city, Mr. Minor Wallace. Mr. Rakes stated that the city was very lucky to have lured Minor out of retirement to be our commercial inspector, Mr. Wallace was warmly welcomed by the board members. Mr. Rakes wanted to make a special mention that one of the board members, Matt Bodishbaugh, had a very nice write up in the news letter for Nabholz Construction. Mr. Key asked if there was any new business other than the election of officers, namely the chair and vice -chair. Mr. Key stated that he thought it would be a reasonable approach to let the present vice -chair to be made the chair. Mr. Key made it a motion and nominated Matt Bodishbaugh for the position of Chair. With no other nominations offered, Mr. Lutrell moved that Mr. Bodishbaugh be elected to the chair by acclamation. The motion was seconded by Mr. Tramill. Mr. Key said the next order of business was nominations for the vice -chair. Mr. Green nominated Mr. Key for the position of vice -chair, Ms. Perkins seconded the nomination. Mr. Lutrell moved that Mr. Key be elected to the vice -chair by acclamation. Both candidates were unanimously elected. • Mr. Key adjourned the meeting at 1:45 p.m.