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1988-12-20 Regular Meetingr `4 • I I r- a , n 11 1 , KODIAK ISLAND BOROUGH BUILDING CODE BOARD OF APPEAL December 20,1988 7:30 p.m. - Assembly Chambers Heard by the Architectural Review Board L CALL TO ORDER The regular meeting of the Architectural Review Board was called to order at 7:30 p.m. by Chairman Robin Heinrichs on December 20, 1988, in the Borough Assembly Chambers. IL ROLL CALL Members Present: Robin Heimichs, Chairman Bill Beaty Cliff Ford Jim Helfmstine Brian Parsons Members Absent: Wayne Coleman (Vacant seat) A quorum was established III. NEW BUSINESS Others Present: John Sullivan, Building Inspector Patricia Miley, Secretary Community Development Department CHAIRMAN HEINRICHS reported that the Architectural Review Board was convened to hear an appeal to the Building Code. CHAIRMAN HEINRICHS noted that Tide 15 had no framework for an appeal of a decision of the Building Official and suggested that the framework outlined in the Subdivision Code, Section 16.95.040, appeals from a Borough Engineer's decision be used. CHAIRMAN HEINRICHS read this section in its entirety, and it was the consensus of the Board to utilize Section 16.95.040 for the appeal. BILL BEATY MOVED TO ADOPT the procedures for appeal outlined in Section 16.95.040 for use by the Architectural Review Board sitting as the Building Code Board of Appeal. The motion was seconded and CARRIED by unanimous voice vote. CHAIRMAN HEINRICHS recessed the Architectural Review Board and convened the Building Code Board of Aooeal: CLIFF FORD requested a ruling of a potential conflict of interest. Mr. Ford noted that he works for the electrical contractor doing work on this project. It was the consensus of the Board that Mr. Ford step down. CHAIRMAN HEINRICHS ruled that Mr. Ford had a conflict of interest and requested Mr. Ford to seat himself in the audience. Mr. Ford stepped down. Architectural Review Board Page 1 of 4 December 20, 1988 Minutes BILL BEATY MOVED TO NOMINATE ROBIN HEINRICHS as Chairman of the Building Code Board of Appeal. The motion was seconded and CARRIED by unanimous voice vote. CHAIRMAN HEINRICHS requested staff to present the decision and set forth the evidence and reasons relied upon for the decision. JOHN SULLIVAN, Building Official, read his memorandum dated November 29, 1988 to the Building Code Board of Appeals regarding the Appeal Record - Appeal of Building Code Requirement for Handicap Access into the record. Mr. Sullivan also noted Title 15 provided for appeals and exceptions. A discussion ensued among the Board and Mr. Sullivan concerning the upper floor of the structure in question as it related to the Uniform Building Code (UBC) use classifications and construction requirements and the actual usage of the structure. CHAIRMAN HEINRICHS requested that the appellant present testimony before the Board of Appeal. JIM WHEELER, representing the appellant, appeared before the Board of Appeal to answer questions. Mr. Wheeler stated that the appeal was sought to avoid the high cost of a 165 foot ramp when the planned usage of the upper floor was for storage of furniture retail sales inventory. A discussion ensued among the Board and Mr. Wheeler, with input from the Building Official, concerning the usage of the upper floor, the options considered in order to comply with the requirement for handicap access, the number of employees utilizing the structure, and the various construction requirements for both the "retail sales" and the "light warehousing" UBC classifications. CHAIRMAN HEINRICHS requested that any private person supporting the appeal present testimony to the Board. Seeing and. hearing none, CHAIRMAN HEINRICHS requested that any private person opposing the appeal present testimony to the Board. Seeing and hearing none, CHAIRMAN HEINRICHS requested that the appellant present rebuttal testimony to the Board. JIM EGGEMEYER, appellant, appeared before the Board and stated that he desired an exemption from the handicap access requirement for the UBC retail sales construction classification. CHAIRMAN HEINRICHS closed the public comments section of the appeal and opened the Board's discussion and deliberations on the appeal. A lengthy discussion ensued among the members of the Board, with input from the Building Official and the appellant, regarding UBC use classifications and structural requirements for "retail sales" and "light warehousing", the intended use of the structure's upper floor, handicap access, public safety, employee access, "grandfathering", stipulations, future usage of the structure, nonconforming structures, and the setting of a "precedent". BILL BEATY MOVED TO UPHOLD the Building Official's requirement for handicap access to this facility. The motion was seconded The Board discussed the ramifications of this motion if it were to pass. The question was called and the MOTION FAILED by roll call vote. CHAIRMAN HEINRICHS voted "no". A discussion ensued among the Board and staff regarding procedure. BRIAN PARSONS MOVED TO REQUEST staff to obtain a legal opinion regarding the establishment of stipulations regulating and/or defining the Architectural Review Board Page 2 of 4 December 20, 1988 Minutes n narrowest possible scope for exempting UBC structural requirements for particular usages of structures and requiring the Building Official's review if the use or the ownership changes AND TO TABLE THE APPEAL until the legal opinion is received A discussion ensued among the Board, with input from staff, regarding the intent of the motion. Staff noted that the Board was required by Code to render its decision within forty days after the appeal's filing. Staff also noted that this timeframe was nearing its conclusion. The motion died for the lack of a second. BILL BEATY MOVED TO allow Jim Eggemeyer, the owner, to use the upper story facility as a light warehouse facility without the use of handicap access and if any of these conditions change, i.e., the owner or the use of the area for a staging and warehousing area, that handicap access be reviewed by the Building Official. The motion was seconded JOHN SULLIVAN requested that the motion be corrected to reflect "retail space" and not "light warehouse" as the light warehouse classification does not require handicap access. BILL BEATY, WITH CONCURRENCE OF THE SECOND, RESTATED the motion: "MOVED TO allow Jim Eggemeyer, the owner, to use the upper story facility as a retail sales facility without the use of handicap access and if any of these conditions change, i.e., the owner or the use of the area for a staging and warehousing area, that handicap access be reviewed by the Building Official." BILL BEATY also suggested the following FRIENDLY AMENDMENT to the main motion: "it is understood that the retail use of this will be for furniture sales and warehousing." With the concurrence of the second, the friendly amendment was added to the main motion. The question was called and the MAIN MOTION CARRIED by unanimous roll call vote. The Board discussed "Findings of Fact" with input from staff. The Board concluded that a stipulation needed to be added to the motion passed earlier. BILL BEATY MOVED TO RECONSIDER THE MOTION. The motion was seconded and CARRIED by unanimous voice vote. The main motion being "The owner of the building shall file with the District Recorder's Office the necessary papers to ensure that the restrictions placed on the property (i.e., that the various codes that apply to the occupancy for which the building will be used shall be reviewed by the Building Official if the ownership changes) by the Building Code Board of Appeal on December 20, 1988, appear on any future Title Insurance Policy issued for this property, and a conformed copy be filed with the Building Official prior to the issuance of a Certificate of Occupany." The amendment was seconded and the MAIN MOTION AS AMENDED CARRIED by unanimous roll call vote. BILL BEATY MOVED TO ADOPT THE FOLLOWING FINDINGS OF FACT: 1. Because handicap access to employees is not denied on the first floor, which is the main employee area of the structure, and because the upper floor activities are associated with the staging and warehousing of furniture retail sates inventory, it would be an unnecessary hardship- to require handicap access to the second floor of this structure. d 2. The facility requires only a limited number of employees. F Architectural Review Board Page 3 of 4 December 20, 1988 Minutes I r 3. If the building's use or ownership changes in any manner, the structure will require review for handicap access by the Building Official's office. 4. The nature of the furniture retail sales business requires few employees, reduced public access, and a large amount of floor space. The motion was seconded and CARRIED by unanimous roll call vote. IV. ADJOURNMENT CHAIRMAN HEINRICHS adjoured the meeting of the Architectural Review Board and the Building Code Board of Appeal at 9:00 p.m. KODIAK ISLAND BOROUGH ARCHITECTURAL REVIEW BOARD AND BUILDING CODE BOARD OF APPEALS By: L&, /u�// G� (iao do �• Robin Heinrichs, Chairman ATTEST: By. , a—lt- � _ Patricia Mil ecretary Community elopment Department Date Approved: January 11, 1989 A TAPE RECORDING IS ON FILE AT THE KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT Architectural Review Board Page 4 of 4 December 20, 1988 Minutes