The URL can be used to link to this page

Home My WebLink About2001-03-20 - Agendas - Final • AGENDA CONSTRUCTION BOARD OF ADJUSTMENT AND APPEALS MARCH 209 2001 15 S. BLOCK, SUITE 105 1 . Call to Order by Chairman, Matt Bodishbaugh 2. Roll Call by Secretary, Bert Rakes a. Appointments and Terms for members 3. Determination of Quorum a. Quorum = majority of those present b. Vary technical provisions = three votes minimum c. Vary BO's decision = 4 votes minimum d. Alternate members enter discussion and vote does not count if filling in for member e. Those abstaining from voting may participate in the discussion 4. Hearing Procedure: a. Appellant, Mason H'ba, proprietor • b. Opposition from anyone c. Building Official d. Appellant's rebuttal e. Vote 5. Old Business 6. New Business a. Election of 2001 year Chairman and Vice Chairman 7. Adjournment • FAYET'T`EVI LLE THE CITY OF FAYETTEVILLE, ARKANSAS • March 14, 2001 DEPARTMENTAL CORRESPONDENCE TO: CONSTRUCTION BOARD OF ADJUSTMENTS AND APPEALS FROM: STEVE CATTANEO TURU: BERT RAKES, SECRETARY RE: 15 S. BLOCK SUITE 105 Matt Bodishbaugh, Chairman, has called a meeting for Tuesday, March 20, 2001 , 4pm, at 113 W. Mountain St., City Administration Building, Room 038A (Downstairs) to hear the appeal of Mason Hiba, proprietor, appealing the decision of the Building Official. Attached you will find the following: 1 . Meeting agenda, 2. Completed Appeal form with explanation of appeal, 3 . A letter dated March 6, 2001 to the CBAA from the appellant further explaining the reason for • this appeal, and 4. Related Code Sections, Policy and Procedures and other information used by the Building Official to make his decision. The appellant is requesting that the board modify the decision of the Building Official to require both Men's and Women's restrooms in a 2125 SF Mercantile Occupancy. Most of his clients and employees will be women. The Arkansas State Plumbing Code requires separate facilities for each sex in Section 7.21 .3 with exceptions. Exception 3. permits unisex restrooms when the total occupant load is 15 or less. The Arkansas State Plumbing Code does not contain a definition for "occupant load". The State Director of Plumbing Section has left this decision to each jurisdiction based on its adopted codes. The Building Code defines "occupant load" in Section 202 and provides Table 1003 . 1 to determine the minimum occupant load by use. With this information the Building Official issued a Plumbing Policy and Procedure dated Aug. 21 , 2000. This Policy has been consistently enforced. The Standard Plumbing Code, Table 407, and the International Plumbing Code, Section 402.3, both support this method in determining the minimum occupant load and separate facilities requirement. • The Occupancy classification remains the same until a different Occupancy classification is required. A change of tenants will not necessarily require a change of Occupancy classification. • City of Fayetteville Inspection Division NOTICE OF APPEAL CONSTRUCTION BOARD OF ADJUSTMENTS AND APPEALS NAME: Illf1iw IrfI �7M DATE: 3/6/D1 ADDRESS : NA MA6( i , �YPTTI; VIU� . Adz- 32 -03 CITY: I IT r:: f 1l L f; STATE: A(Z- ZIP: -72gmd HOMEPHONE: `f'` 3 � `F 21 WORK PHONE: ADDRESS OF PROPERTY WHERE APPEAL REQUESTED: 5ullr7 105 , opm-VINU , Ir2 5 • bL06,k- 5T(��7--1=T, j=Ay �TI�VI >— LES Ate � Z � al APPEAL THE DECISION OF THE BUILDING OFFICIAL ✓ AND/OR APPEAL THE TECHNICAL PROVISION OF THE CODE . (Y/I) • BUILDING OFFICIAL DECISION: F ('-e V I b r bN 1= A p D I p o N A L• t:ki✓STf?-OD fvl , ( To T1fE oN hct �ssl6l ! K s (RenM I.IZ� /kD'4 'SAP. � � T1+15 sfA� TWO T{FI: T07K- or a Ff$ lT-c W?M ONr fP- t*CR LdEfNMrf PVt To 1. 4 Or rvN�Ic� � TWM 1AOL-ln IN Ttt t3uILP )Nzj . TECHNICAL PROVISION OF THE CODE: REASONS FOR REQUESTING APPEAL: (yf-�r ATTltctt�-=P 1- TTP--) - M05T a-� ANb STArr WELL (� WaM1 N , oNC Az��sSI � L� ?��IpoM r:�r� -�NOV67 } - AfTi"jhf - 605T RNP ,19 (TlOrNfll- s�uPrrt� fi�TfrG, NFia�PS0-1 tl` FtN fbolTlo-Pjhl� t�;* IZoom Signature NOTE: A fee of $50.00 shall accompany each Notice of Appeal. Notice of Appeal shall be filed within thirty (30) days after the decision is rendered by the Building Official. • • Mason Hiba NWA mall 4201 N . Shiloh Fayetteville, AR 72703 4440077 March 6, 2001 Construction Board of Adjustments and Appeals City of Fayetteville, Fayetteville, Arkansas. Dear Sir or Madam: I am the owner of Mason's On The Square a women's clothing and accessories store that I plan to open in an existing space on the ground floor of the Campbell-Bell building, suite 105, 15 S Block St. Fayetteville, AR 72701 . The store will be a total of approximately 2, 125 square foot, and I am planning to have no more than 1 sales associates at any one time. It is my understanding that for a space this size and this occupancy, one accessible restrooms is adequate, but due to the lack of public toilet facility in the building, we are required to have two restrooms, one for each gender. I am hereby requesting that The Board consider my appeal of providing only one accessible unisex restroom for this space. I feel that since most of my staff and my clients will be women, one accessible restroom should be adequate. If there is an occasional male • shopper or companion to the shopper that may need to use the restroom facility, they can still use the one restroom that will be provided because this restroom is plan for use by a single person at one time. I have a limited budget for this project, and I was not anticipating the cost implication of an extra restroom facility might entails as well as the additional square foot necessary of an extra restroom facility. I am hereby requesting The Board's kind consideration in this area. I thank you for your time and consideration and I will abide by the outcome of your decision. Sincerely, Mason Hiba • 7.21 .2. Minimum number of fixtures. Plumbing fixtures shall be provided for the type of occupancy shown in table 7.21 . 8. other building categories not shown on this table • shall be considered separately by the State Administrative Authority. v 7.21 .3. Separate Facilities. Separate facilities shall be �- provided for each sex where plumbing fixtures are required. The figures shown are based on an occupant load composed of 50 percent of each sex. 1 . Water closets , lavatories and showers or bathtubs shall be equally distributed between sexes between sexes based on the percentage of each sex anticipated in the occupant load . The occupant load shall be composed of 50 percent of each sex unless there's sufficient statistical data reflecting a different distribution of the sexes. 2 . Separate restroom requirements shall riot be required for residential occupancies . 3 . Separate restroom facilities shall not be required in i buildings with a total occupant load of 15 or less. Under these conditions, unisex restrooms are allowed unless disapproved by other regulatory requirements not covered by the Code. 7.21 .4. Location of employee toilet facilities in y� S 1 L A ancies other than mercantile or assembly . Access to �facilities in occupancies other than mercantile andbly occupancies shall be from within the employees' r working area . The required toilet facilities shall be JS4CJAJd not more than one story above or below the employees ' a r working area and the path of travel to such facilities shall ceed a distance of 500 feet (152m) . Employee facilities be either separate facilities or may be public customer facilities . y 7.21 .5. Location of employee toilet facilities in A , Mercantile and assembly occupancies. Employees shall be provided with toilet facilities in buildings and tenant spaces ko15 ) utilized as restaurants , nightclubs, places of public assembly and f mercantile occupancies. The employee facilities shall be either v ` separate facilities or may be public customer facilities. 5 y Exception : Employee toilet facilities shall not be nrequired in tenant spaces of 900 square feet or less where the travel distance from the main entrance of the tenant space to a > 6iT �fZ central toilet area does not exceed 500 feet (152m) and such- h ; o central toilet facilities are located not more than one story above � n " or below the tenant spaces . _ Z & . � 8 • PLUMBING POLICY AND PROCEDURE AUGUST 21, 2000 Revision 1 The Arkansas State Plumbing Code Section 7.21 .3 .3 requires separate restroom facilities for more than 15 occupants. Jerry Duncan, Director of the Plumbing Section of the Arkansas State Health Department, indicates that the intent is for the number of occupants to be determined by the City adopted building code. Therefore, Table 1003 . 1 of the current adopted building code, now the 1997 SBC, will be used as the guideline for determining the number of occupants. One Unisex accessible toilet may be approved for 15 or less occupants unless separate restrooms are required by State Health Department Food Service or other agency of higher government. varvfs