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HomeMy WebLinkAbout01 16 1979 CM Board of AppealsCOUNCIL MEETING MINUTES BOARD OF APPEALS January 16, 1979 Mayor Cotant said he had instructed the Building Instructor, Dan Stuart, to ask qualified men to serve on a Board of Appeals. On January 9, 1979, Attorney Burnett had instructed the city council they could act as the board with Dan Stuart as secretary. Mayor Cotant said on January 10, 1979, Mr. Stuart had informed him he had selected some qualified builders as a board. The Mayor said he then contacted the city council to see if they would like to be relieved of this job and they had decided they would act as the Board of Appeals at this time. Attorney Burnett then instructed the Mayor the City Council should appoint the board rather than the Mayor or the Building Inspector. Meeting called to order at 7:20 p.m. by Mayor John O. Cotant, Jr. The following Board of Appeals members were present: Councilmen Boyd L. Fullmer, Dwain Kinghorn and Le Roy Quick, Building Inspector Dan R. Stuart and Attorney Donald L. Burnett, Jr. Councilman Earl L. Romriell did not participate and Mayor Cotant served as an alternate member. Mayor. Cotant asked for nominations for a chairman of the board. Councilman Kinghorn moved that Boyd L. Fullmer be chairman of the board. Councilman Quick seconded the DDtion. All voted in favor. ROMRIELL DENTAL CLINIC APPEAL - Dan Stuart said the Romriells had applied for a building permit, they had come in with a set of plans and drawings consisting of elevation and cross sections prepared by Tom Myers. He said he had used a plot plan of five years ago and on his own had drawn to scale, where the building would set, according to the scale it would give them plenty of room for existing side yard. As building progressed he didnt pay any attention to the property line as everything was fine with the plot plan. Building has been built within 6" of property line and being that close to the property line, by code anything close to 5' of property line cannot have any openings; and there are several windows in the south wall. Rather than avoid the problem he gave a correction notice. It was noticed at time of framing inspection; by code,they can build on property line if it is a one hour fire wall. Chairman Fullmer asked the apellant, Greg Romriell, if he would like to respond. He said that Mr. Stuart had mentioned reason for code being a one hour fire wall, he said he had talked to Jones Paint and Glass and they had told him the windows will withstand fire more than one hour, the building would be gone before the windows burned. His second point was that the plot plan belonged to his father on a different building and was five years old. He said had they known, at the time of picking up the building permit, they would have submitted a new plot plan. He said they had understood they had met all the requirements at the time the building plan had been submitted. Mr. Romriell said they had contacted Mr. Herbert about digging on his property and had made arrangements with him to dispose of the dirt on his property. He said they cannot have the building without windows, it would amount to a reconstruction job. ROMRIELL DENTAL CLINIC APPEAL Mayor Cotant asked Mr. Romriell why they had to have the windows. He said he had talked to state people and they are not required in this type of building. Mr. Romriell said there is no code or direction - but they themselves need windows. The color spectrum is different with ~each type of light. Dan Stuart said the basement plan did not show windows. He said by word of mouth, over the telephone, they had changed from cinder block construction. He did know but it did not register until time he talked to Vic Herbert they were close to property line; there is no problem for being on property line except for openings. Code says there shall be no openings in exterior wall. Mayor Cotant said the only person this would affect would be Vic Herbert. Mr. Romriell said Mr. Herbert said the best use of his building would be not to put a building that close to the property line, to have area as a drive way or parking area. Mayor Cotant said Doctor Romriell and Mr. Herbert should have an agreement whereby in years to come some one will not come back on the city for allowing this building to remain. Chairman Fullmer asked if any one in the audience would like to speak for or against. Mr. Vic Herbert said he could concur with Mr. Romriell's variance request with certain restrictions: 1. Approval of easement agreement that he, Mr. Herbert, can live with. The window wells are on his property and if some one falls in one or water gets in wells and runs down the basement who will be responsible. 2. Agreement of the road that goes to~he back of the property is signed; with no disagreement on the Valenty Road. Pete Hull, builder, asked what type of building was being built, and if it was in ~iolation of the fire code, could other builders do the same. Dan Stuart said he would like to know what precedent and procedure is going to be by the board of appeals, on the code. The code states it is a fire hazard. Dr. Romriell stated he felt the glass met the fire code. He was asked if JOnes Paint and Gl~ss would attest to the fire protection of the glass.~ Attorney Burnett asked if a qualified engineer would attest to the fire retardant of the glass and it appears to show glaesa~ substantially equal to or greater to structural material. In the event a report cannot be recieved and it appears glass aperture would pose some~f~re danger then would a 5' seperation be the minimum of this structure and another one on adjoining property. Attorney Burnett said supposing the report came back indicating protection quality of the glass was sufficeint'to warrant only a 5' seperation between structures; does~the contemplated ageement between the two property owners ROMRIELL DENTAL CLINIC APPEAL here involve an open space easement which p~ohibits another structure from being built within 5'. Attorney Burnett suggested the board might consider to grant the variance that the easement contains such an agreement, the easement provide for the city to be a third party beneficiary and they independently act to enforce it. Zt would be for public safety. Earl Romriell said he had prepared the first plot plan and the property line was~ out of scale; at that time they were 26' from property line. said the building had been framed for several months and he felt both parties had made mistakes. He Le Roy Quick said he felt it was imperative for the board to uphold the Uniform Building Code. Mr. Mark Bunce asked Attorney Burnett if an easement would not be changing the property line. Attorney Burnett said if both parties reach an agreement then it solves the problem for both parties. Attorney Burnett asked Mr. Romriell how long it would take to supply analysis on temered glass and how long to present city with easement between the two parties. Mr. Herbert asked for a verbal agreement on Valenty Road with board and Dr. Romriell that there would be no problem. Attorney Burnett said this was beyond the scope of the board. Dr. Greg Romriell stated he would cooperate with Mr. Herbert on Valenty Road. Attorney Burnett said parties should understand public interest requires sufficent seperation to meet what code otherwise requires and that would depend on what the engineering analysis shows and also whatever seperation is required will have to be decided in the easement together with the statement that the City of Chubb~ck is third party beneficiary in the easement and if property owner X is the successor to one of the two, the city could independently enjoin the builder from encroaching upon the open space. Chairman Fullmer said he felt the matter had been discussed thoroughly and that he felt the inclination of the board would need material before them before decision could be made on the variance. Mayor Cotant moved variance be granted tonight, subject to the easement being presented to the City Attorney's satisfaction and the test on the windows. Attorney Burnett said he would need more information; he would need to have the engineer's report and would need to confer with some one. Dwain Kinghorn said the City as a third party would need to have the copy of the agreement on file. Motion died because of a lack of a second. ROMRIELL DENTAL CLINIC APPEAL Mayor Cotant made second motion that ~ari'ance be granted on condition a five foot easement be presented. Motion died for Tack of second. Le Roy Quick made motion, if easement requirements have been sufficently met, to table this item until Tuesday, January 23, 1979, at 7:00 p.m. Dan Stuart seconded the motion. Fullmer, yes and Stuart, yes. Meeting adjourned at 8;30 p.m. Minutes recorded by Dorothy L. Ward Quick, yes; Kinghorn, yes, Cotant, yes;