HomeMy WebLinkAbout1999-11-15 - Agendas - Final • AGENDA
CONSTRUCTION BOARD OF ADJUSTMENT AND APPEALS
NOVEMBER 15, 1999
212+ W. DICKSON
1 . Call to order by Chairman, Matt Bodishbaugh
2. Roll call by Secretary, Bert Rakes.
3 . Determination of Quorum.
a. Quorum=najority present.
b. Vary technical provisions--three votes minimum.
c. Vary BO's decision--four votes minimum.
d. Alternate members enter discussion and vote does count if filling in for member.
e. Those abstaining from voting may participate in the discussion.
4. Approval of mailed minutes of July 29, 1999, 509 E. Millsap Rd. meeting.
5 . Hearing procedure.
a. Appellant, Robert Sharp, Architect, 212+ W. Dickson.
b. Opposition, if any.
c. Building Official
• d. Appellant's rebuttal.
e. Vote
6. Old Business.
7. New Business.
8. Adjournment.
Note: The Board may approve, disapprove, or approve with conditions but should refrain from
offering design detail.
•
FAYETTEVI LLE
THE CITY OF FAYETTEVIItE. ARKANSAS
• NOVEMBER 05, 1999
DEPARTMENTAL CORRESPONDENCE
TO: CONSTRUCTION BOARD OF ADJUSTMENT AND APPEALS
FR: BERT RAKES, SECRETARY
RE: 212+ W. DICKSON ST.-THREE SISTERS PROJECT
Matt Bodishbaugh, Chairman, has called a meeting for Monday, November 15, 1999, 2: 30 P.M.
at 113 W. Mountain St., City Administration Building, Room 111, to hear the appeal of Robert
Sharp, Architect, appealing the technical provisions of the 1991 Standard Building Code.
A tour of the project is scheduled to leave the City Administration Building at 2: 30 P.M. for the
Board to view and understand fully the request.
Attached you will find the following:
1 . Meeting Agenda,
2 . Current membership listing,
• 3 . Completed Appeal form with 10 page explanation of request by Architect, and
4. Related 1991 Building Code sections and tables.
This is a design/build project with drawings to be submitted for review and approval by the
Inspection Division before construction indicated and with stamped and sealed as-built drawings
of the completed project before a Certificate of Occupancy will be issued to a tenant.
The project was permitted as a four story, Type V, unprotected, and sprinklered and with 47,3 1S
square feet with area modification of 56,000 square feet maximum allowed. Code allows a
maximum of five stories and up to 55 feet in height.
The appellant is asking approval of increasing the height to 70 feet, a variance of 15 feet. An
extra egress and fireman's approach is planned from the added fifth floor along with non-
combustible support for the floor. The extra egress is not required by the code but would add
safety to exit in an emergency situation. The added floor near the center of the roof would be
much more difficult for a fireman to enter without the egress. The non-combustible support and
the required one hour floor/ceiling assembly adds protection. " Will the extra egress and the non-
combustible support be enough to meet the intent of the code", is the question for the Board to
decide?
• cbaa1199
10/ 07./ 1588 . 09 : 03 5015758316 CITY FAY IST FLUOR PAGE 01
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City of Fayetteville
Inspection Division
NOTICE OF APPEAL
CONSTRUCTION BOARD OF ADJUSTMENTS AND APPEALS
NAME: t3E4z-T 5" J$b P-p DATE: NON 4,al 'I
ADDRESS : I W. t> IGK5oN v sn Io3
CITY: VA`tET?�Ir/u eSTATE: ZIP: X2.-101
HOME PHONE: �Z 6-7 WORK PHONE : 4-47z - 02211
ADDRESS OF PROPERTY WHERE APPEAL REQ STED:
2 / 2 + W, / cl�S
APPEAL THE DECISION OF THE BUILDING OFFICIAL AND/OR APPEAL THE
TECHNICAL PROVISION OF CODE (Y/N)
•. BUILDING OFFICIAL DECISION:
TECHNICAL PROVISION OF CODE:
'rp�81 500
REASONS FOR REQUESTING APPEAL:
A. PD OTIoN of: 4.�O ` )4 SID' PFI TADUc e .
AP-4r�w m
Signature
NOTE: A fee of $50.00 shall accompany each Notice of Appeal: Notice of Appeal shall be filed
• within thiry (30) days after the decision is rendered by the Building Official.
Board of Adjustments and Construction Appeals
Three Sisters Penthouse
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1 November 2, 1999
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1 • Robert Sharp, Architect, Inc .
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1 • November 2, 1999 " ` ` I 5 ' E " ` o
1 ROBERT SHARP. ARCHITECT
1 311 WEST DICKSON STE 10]
1 FAV ETTEV I LLE AR
Construction Board of Adjustment and Appeals
PHONE: 501 .412.0229
1 City of Fayetteville PAX: 501 .412.5,21
1 113 West Mountain Street —
Fayetteville, Arkansas 72701
1 - -
1 � '
1 RE: THREE SISTERS PROJECT
1
1
1 Dear Members of the Construction Board of Adjustment and Appeals,
1 I have asked Bert Rakes, head of the Inspection Department of the City of Fayetteville, to
1 place us on the agenda for the Construction Board of Adjustment and Appeals at your
1 earliest convenience. As construction has progressed on the Three Sisters Project, a
1 change has been requested by the Owners. Due to the outstanding views available at the
1 roof level, the Owner would like to construct a small (30'x30') observatory on the fifth
floor level.
1
1 In order to accomplish this we have requested a variance from the Planning Commission,
1 which was allowed by a 8- 1 vote. We have also had our structural engineering
1 consultant, Tatum Structural Engineers, perform an analysis of the existing structure and
they have completed construction documents detailing how the building structure must be
1 reinforced to accommodate this change.
1
1 As far as the Inspection Department is concerned, we are appealing a technical provision
1 of the Arkansas Fire Prevention Code. In particular we ask for a variance of TABLE 50P
1 Allowable Heights and Building Areas. Our project is Type V, unprotected, which allows
us a maximum height of 55 ' and five stories. Since our building is protected by fire
1 sprinklers, we are allowed an additional story, for a total of 6 stories. The proposed
addition would put our building height at 1433'4", grade being 1363'-0" above sea
level. This results in a building height of 70'-0" feet above grade, as defined by section
' 202 of the building code (please seepage 9)
We are asking for the variance of the technical provisions of the code for the following
reasons:
1) All of the residential portion of the project exits onto a cast in place concrete
parking deck that is fully protected by a dry pipe sprinkler system. We feel that this
page 1
• parking deck represents the true grade as far as exiting is concerned due to the
impregnable nature of its construction. Once egressing residents have reached the upper
level of the parking structure, we feel that they are safe from harm. The distance from the
second level of the parking structure to halfway up the peak of the proposed addition is
58' feet. The building code acknowledges such a situation in section 503 .2.2 which states
i in part: "Where a one-story automobile parking garage, enclosed or open of Type I or H
construction. ..is provided under a building of Group R occupancy, the number of stories
to be used in determining the minimum type of construction may be measured from the
i floor above such parking area." (please seepage 8)
1
1 2) By code, six floors are allowed for sprinklered residential Type V structures. We
are proposing only five floors, the fifth floor being only a single room.
1
1 3) The area under consideration is only 900 square feet which is only 3 .75 % of the
1 allowable building footprint of 24,000 square feet. We feel that this observatory is not
1 significant enough in area to trigger the height limitation.
1 4) The building code section 503 .2. 1 holds that steeples, aerial supports, stair towers,
1 parapet walls, and mechanical penthouses need not be considered in determining building
height. One of the primary functions of the proposed fifth floor addition is for the
resident to access a fully code compliant roof top garden. It is our feeling that the fifth
floor is very similar in nature to the structures exempted from the height limit in section
• 503 .2. 1 . (please seepage 8)
1
1 5) After meeting at the site with Mickey Jackson, Fayetteville's Fire Chief, we have
1 agreed to provide a supplemental exterior ladder/stair for access from the fifth floor to the
lowest roof along Dickson Street. He felt that this ladder/stair would help a great deal in
1 accessing the upper floors for rescue operations, as well as giving an additional means of
1 egress to the occupants of the fifth floor area.
6) Although Type V construction allows combustible interior bearing elements, we
have, at Bert Rakes's request, supported the entire fifth floor area with non combustible
hot rolled steel frame construction.
1 7) The building is fully protected by a fire sprinkler system. Although a height
modification for sprinklering is not formally recognized by the Building Code; as a
practical matter, a sprinklered building is far safer than an unsprinklered one. A slight
height modification should be allowed.
' In summary, we are asking that you find that a strict interpretation of the code would be
unjust and contrary to the intent of the code. We certainly feel that:
1 ) Special circumstances exist.
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' page 2
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. 2) These circumstances are not due to action upon the applicant's part
3) The granting of this variance will not confer a special privilege.
i
4) This variance would be the minimum variance to make this use of the building
possible, and finally,
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I 5) Granting this variance is in harmony with the general intent of the code.
1
1 Thank you for your consideration. Supporting documentation is included as follows:
1
1 Building Grade Calculation ........... ...................................... ............... page 4
1 Building Height Calculation ............................................................. .. page 5
1 Building Grade From Parking Deck ............................................ ....... page 6
1 Plan at Fifth Level . ..................... ..................................................... .... page 7
1 Definitions and Applicable Code Sections ................... .. ........... ......... page 8
Table 500, Allowable Building Heights and Areas ............................ page 9
1
1
1 Sincerely,
1
1 -
1 Robert Sharp, Architect
1 cc: File
1 Greg House, Houses, Inc.
' page 3
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Robert Sharp, ARCHITECT, INC. page 6
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1 Robert Sharp, ARCHITECT, INC. page 7
Definitionsand Applicable Code Sections
� . HEIGHT, BUILDING. The vertical the Group R occupancy above shall comply
distance from grade to the highest finished with the type of construction required for
roof surface in the case of flat roofs or to a the parking garage and shall also provide a
point at the average height of the highest fire resistance rating not less than the
I roof having a pitch. Height of a building in occupancy separation required in 704. 1 . 1 .
stories includes basements, except as
I specifically provided for in 503 .2.4. 108.4.2 Variances. The Construction
Board of Adjustments and Appeals, when so
I GRADE. A reference plane representing appealed to and after a hearing, may vary the
I the average of finished ground level application of any provision of this code to
adjoining the building at all exterior walls. any particular case when, in its opinion, the
I When the finished ground level slopes away enforcement thereof owuld do manifest
from the exterior walls, the reference plan injustice and would be contrary to the spirit
shall be established by the lowest points and purpose of this or the technical codes or
I within the area between the building and the public interest, and also finds all of the
lot line or between the building and a point 6 following:
ft ( 1829 mm) from the building, whichever
is closer to the building. 1 . That special conditions and
I circumstances exist which are peculiar to the
I 503.2 Height modifications building , structure or service system
involved and which are not applicable to
I
503.2.1 Rooftop structures. others.
I Church spires, chimneys, tanks and
• supports, aerial supports, parapet walls not 2. That the special conditions and
1 over 4 ft (1219mm) high, bulkheads and circumstances do not result from the action
penthouses used solely to enclose stairways, or inaction of the applicant.
' tanks, elevator machinery or shafts, or
ventilation or air conditioning apparatus, 3 . That granting the variance requested will
need not be considered in determining the not confer on the applicant any special
highest point of the building, provided that privilege that is denied by this code to other
the highest point of the roof of the highest buildings, structures, or service system.
I penthouse when the aggregate area of all
penthouses and other roof structures exceeds 4. That the variance granted is the minimum
one-third of the area of the roof upon which variance that will make possible the
they stand. See 1517. reaonable use of the building, structure or
i service system. .
1 503.2.2 Parking under Group R. Where a 5. That the grant of the variance will be in
1 one-story automobile parking garage, harmony with the general intent of this code
1 enclosed or open of Type I or II and will not be detrimental to the public
1 construction, or open of Type III health, safety and general welfare.
1 construction, with grade entrance, is
1 provided under a building of Group R
1 . occupancy, the number of stories to be used
in determining the minimum type of
1 construction may be measured from the floor
' above such parking area. The floor/ceiling
assembly between the parking garage and page 8
TABLE 500
ALLOWABLE HEIGHTS AND BUILDING AREAS
I •
1
1 TYPE CONSTRUCTION VNPROT—•
1 Maximum Height in Feet 55 '
1
f OCCUPANCY uns spr .
f h j
1 M MERCANTILE ab f
1 Max. No. of Stories 2 5
Area: Multistory 9.0 18.0
1
One Story only 9.0 27.0
1 R RESIDENTIAL a,b,d
1 Max. No. of Stories 2 5
Area: Multistory 12.0 24.0
One Story only 12.0 36.0
1
1
•� h. When all portions of buildings are sprinklered in accordance with the standards listed in
903 .2, the height of buildings listed under this column may be increased one story. A general
area increase provided for in 503.3 .2 may be applied before using footnote h.
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1 page 9
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TABLE 600
FIRE PROTECTION REQUIREMENTS
REQUIRED FIRE RESISTANCE URS
TYPE IV TYPE V TYPE VI
TYPES
�TRUCT 1 - HOUR UN- 1 - HOUR UN- 1 - HOUR UN-
'sLEM . : I II III PROT . PROT . PROT . PROT . PROT . PROT .
INTERIOR BEARING WALLS :
{ 1 }
Supporting more than one
floor , columns or other
bearing walls :
4 3 2 1 NC 1 { h } 0 { h } 1 0
Supporting one floor only
3 2 1 1 NC 1 0 1 0
Supporting a roof only :
3 2 1 1 NC 1 0 1 0
INTERIOR NONBEARING PARTITIONS :
See 403 , 701 and 702
FLOOR/ CEILING
20TRUCTION : See
{ 1 } 604 { n } { n , o } { n } { m , n , o } { 0 }
3 2 H { o } 1 NC 1 0 1 0
ROOF/ CEILING
"ONSCTRUCTION { g } :
See
1 1 / 2 1 604 1 NC 1 0 1 0
{ e } { e , f } H { d } { e } { e }
{ h } The use of combustible construction for interior bearing partitions shall be
limited to the support of not more than two floors and a roof .
403 SEPARATION REQUIREMENTS
403 . 1 GENERAL
403 . 1 . 1 A building that is used for two or more occupancies , classified within
different occupancy groups ,. shall be considered a mixed occupancy building .
EXCEPTION : A building containing two or more occupancies , none of them
Group H , may be considered a single occupancy when the entire building
meets the more restrictive requirements of each occupancy , as determined by
the Building Official .
3 . 1 . 2 A mixed occupancy building shall be governed by the height and area
mitations applying to the principal intended use . However each portion of
the building shall conform to all other requirements of this Code for the
occupancy contained therein . Accessory occupancies shall not exceed the area
limitation nor be located at a height greater than that permitted for such
occupancy group in the type of construction being used . / _ /
4,03 . 1 . 3 The minimum fire resistance of construction separating any two
occupancies in a building of mixed occupancy shall be the higher rating
�quired for the occupancies being separated , as specified in Table 403 . 1 .
TABLE 403 . 1
OCCUPANCY SEPARATION REQUIREMENTS
Business 1 hour
Residential 1 hour
702 INTERIOR WALL AND PARTITION FIRE SEPARATION REQUIREMENTS
702 . 1 GENERAL
702 . 1 . 1 This section shall apply to the fire separation requirements of
interior walls and partitions for the various occupancies and types of
construction . Partitions of higher fire resistance rating required by other
sections of this Code may also serve to meet the requirements of this section .
702 . 1 . 2 All partitions enclosing vertical openings such as stairways , utility
shafts and elevator shafts which are required to have a fire resistance rating
shall extend from floor to floor or floor to roof . These walls shall be
continuous through all concealed spaces such as the space above a suspended
ceiling . The supporting structure shall have a fire resistance rating equal
to or greater than the fire resistance rating required for the vertical
closure . Where the openings are offset at intermediate floors , the offset
floor construction shall be of construction having a fire resistance of
of less than that required for the enclosing partitions .
702 . 1 . 3 All other partitions required to have a fire resistance rating shall
extend from the top of the floor below to the ceiling above and shall be
securely attached thereto . Where said ceiling is not a part of an assembly
having a fire resistance rating at least equal to that required for the
partition , the partition shall be constructed tight against the floor or roof
deck above . The design of the partitions or ceilings and any openings shall
be such as to prevent spread of smoke to the corridor .
702 . 2 PARTITION REQUIREMENTS BY TYPE OF CONSTRUCTION
702 . 2 . 1 Bearing walls shall comply with the provisions of Chapter 6 , but shall
provide not less than the degree of fire resistance specified in Table 600 .
702 . 2 . 2 All nonbearing partitions shall conform to the requirements of this
section and have the fire resistance specified in Table 700 except as
specified elsewhere in this Code .
702 . 2 . 2 . 4 Type V and Type VI Construction - Partitions may be of any
material permitted by this Code .
•
2/�
TABLE 400
ALLOWABLE HEIGHTS AND BUILDING AREAS
Lcor case letters in table refer to Notes following table .
Height for types of construction is limited to the number of stories and height
in feet shown . NL = No Limit .
41lowable building area is shown in thousands of square feet per floor . UA =
Jnlimited Area .
B BUSINESS ( a , b )
TYPE MAX . HT . MAX . NO . AREA
CONSTRUCTION IN FEET SPRINK . OF STORIES MULTI - STORY ONE - STORY ONLY
V Unprot . 55 ' uns h 2 14 . 0 14 . 0
528 . 0 42 . 0
R RESIDENTIAL { a , b , d )
TYPE MAX . HT . MAX . NO . AREA
CONSTRUCTION IN FEET SPRINK . OF STORIES MULTI - STORY ONE - STORY ONLY
i r -
Unprot . 55 ' uns jh2 12 . 0 12 . 0
5 24 . 0 36 . 0
( h } When all portions of buildings are sprinklered in accordance with the
standards listed in 901 . 2 , the height of buildings listed under this column may
)e increased one story . A general area increase provided for in 402 . 3 . 2 may be
applied before using footnote h .
ik } When all portions of buildings are sprinklered in accordance with the
standards listed in 901 . 2 , the allowable heights and areas of buildings shall be
as listed under this column .
•
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TABLE 400 NOTES
or height modifications and limitations by Occupancy , see :
4 . Business 402 . 2 . 6
7 . Residential 402 . 2 . 21
, d } See 901 . 7 . 5 and 901 . 7 . 6 for height limitations of unsprinklered R1 and R2
,ccupancies . Height and area increases in 402 . 2 are not permitted for NFiPA 13R
sprinkler systems installed as an option in 901 . 7 . 6 .
: 02 . 2 HEIGHT MODIFICATIONS
402 . 2 . 1 ROOFTOP STRUCTURES . Church spires , chimneys , tanks and supports ,
aerial supports , parapet walls not over 4 ft ( 1219 mm) high , bulkheads and
penthouses used solely to enclose stairways , tanks , elevator machinery or
shafts , or ventilation or air- conditioning apparatus , need not be considered
in determining the highest point of the building , provided that the highest
point shall be taken to be the highest point of the roof of the highest
penthouse when the aggregate area of all penthouses and other roof structures
exceeds one - third of the area of the roof upon which they stand . See 712 ,
713 , 714 and 716 .
402 . 2 . 2 PARKING UNDER GROUP R . Where a one story automobile parking
structure , enclosed or open of Type I or II construction , or open of Type III
nstruction , with grade entrance , is provided under a building of Group R
upancy , the number of stories to be used in determining the minimum type
construction may be measured from the floor above such parking area . The
floor/ ceiling assembly shall provide the occupancy separation required in
403 . 1 . 3 .
•
Of
