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1994-09-27 Special Meeting KODIAK ISLAND BOROUGH BUILDING CODE BOARD OF APPEALS PUBLIC HEARING MINUTES September 27, 1994 - 7:00 P.M. Borough Conference Room I CALL TO ORDER AND ROLL CALL The meeting was called to order at 7:00 p.m. by Woody Koning, Chairman. Roll Call was taken. MEMBERS PRESENT STAFF PRESENT Scott Bonney Steve Hobgood Gerry Cloudy Kaye McClain Gregg Hacker Audience Doug Mathers Woody Koning Doug Bunting Eric Ness Mike Rassmusen Laura Rollins Jack Bunting Quorum Established. Kathleen Carlson I Mr. Koning stated the procedure which was to be followed during the Public Hearing, for the appeal for an exception to the notice received from the building official that he obtain a building permit for the grade behind his property. II BOROUGH STAFF REPORT Doug Mathers, Building Official, read his letter to Doug Bunting dated August 4, 1994 (attached) into the record. He also read his staff report of September 13, 1994. Mr. Cloudy asked that a profile of the area be drawn on the board. Mr. Bunting drew the profile and passed photos of the area to the members of the board. III APPELLANT TESTIMONY Mr. Bunting gave a summarization of the events leading to this evening's hearing. He had very steep slope at the back of his house which he wanted cut away so that there might be more back yard usable space. He contacted Randy Blondin of Blondin & Son to see if the work could be performed. Mr. Blondin said he would do the work for all the excavated materials. Mr. Bunting said Mr. Blondin was to do all the permitting, etc. as part of their agreement. He indicated he asked during the time of the project, if there were any papers he needed to sign and was told it was handled. As the work progressed, Mr. Bunting informed Mike Rassmusen, property owner to the rear, of the intent of the project. Mr. Bunting said the project took between 1 year, 3 months to 1 year, 6 months to complete as Mr. Blondin took time for fishing in 0 between the work. After the project was complete he built a fence between his property and Mr. Rassmusen's and seeded the area. He stated that Mr. Rassmusen felt it was done against his wishes and filed a protest with the Borough. Mr. Bunting stated he was guilty of relying on a contractor to do all the paperwork related to the project. Mr. Koning drew a diagram of the fence line versus the property line. Mr. Bunting said he could move the fence so it was on the property line. He stated he had talked with other contractors and none of them had discussed amount of slope or setback. y Mr. Cloudy asked what happened on the permit. Mr. Bunting indicated he relied on Blondin who said a permit wasn't needed since the work was in rock. Mr. Mathers read Borough Code 15.04.055 (amendments to Uniform Building Code Chapter 70) Section 7009 (b) Slope. (Copy attached) Mr. Koning said the slope is not the question. It is the permitting question. IV PUBLIC TESTIMONY Mr. Rassmusen stated the slope was a liability issue for him. Since the cut, he now has cliffs around his house; two other neighbors have changed their slopes. He stated he told Blondin not to do it. He told the Board that if they rule on this situation and allow it to remain as it is, his responsibility on the liability issue ends. He feel he has done all he can to protect himself. He noted what the Board does will affect other similar situations in the Borough in the future. He mentioned that there is an electrical and phone 20 ft. dedicated easement involved. Laura Rollins, Harlequin Ct., next door neighbor to Mr. Bunting, stated she carries a heavy liability insurance policy and the slope in her yard passed the requirements of her insurance company. She has climbed the slope to pick berries and found it and the fence to be very stable. Jack Bunting stated he understands Mr. Rassmusen's concerns and he understands his son's disappointment with the contractor. V APPELLANT REBUTTAL Mr. Bunting commented that Jim Devlin of KEA, also a neighbor, had no problem with the cut at the easement. He stated he wanted to find a solution to the problem which would be the least costly and the safest for all. VI BOARD DISCUSSION Several questions and concerns were voiced by the Board and discussed with Borough staff and members of the audience. Mr. Koning said he was only comfortable with making a decision on the building permit. He felt the board should follow the procedure strictly. Mr. Ness felt the data does not exist at this moment to make a recommendation on a fix. He felt a permit needed to be obtained to take care of the immediate problem and the steps following that would help produce the needed data. Mr. Hobgood noted that if all parties agree the hearing should be all inclusive, we should resolve it. Mr. Bonney agreed more data is needed. Mr. Ness noted the Code does ask for a stable slope. Mr. Bonney noted the need for a set back and suggested a retaining wall could be a solution. He reiterated the need of a plat with property lines, fences, etc. He felt with those materials the group could come up with a plan to resolve the problems. VII BOARD DECISION Mr. Bonney moved that the hearing be postponed to 7:00 p.m. October M 18 in the Borough Conference Room while more information is gathered. Seconded by Mr. Ness, the motion carried on a unanimous roll call vote. VIII AUDIENCE COMMENTS None IX BOARD COMMENTS None Mr. Koning recessed the meeting at 8:02 P.M. to be reconvened on October 18, 1994, 7:00 P.M. Chairman Woody Koning reconvened the meeting at 7:00 P.M., October 18, 1994. Roll Call was taken. MEMBERS PRESENT STAFF PRESENT AUDIENCE Scott Bonney Steve Hobgood Doug Bunting Gerry Cloudy Connie Lanahan Mrs. Bunting Gregg Hacker Doug Mathers Woody Koning Eric Ness Quorum established. 0 3 Mr. Koning established they were still in Public Hearing. After discussion with the Borough Clerk it was decided the Board is concerned only with the matter of granting or denial of a request for an exception to the notice received from the Building Official that the appellant obtain a building permit for the grade discussed earlier. X BOARD QUESTIONS Mr. Ness questioned the fact that in the last session they decided to try to come to a solution at this meeting. Mr. Koning stated that the Board's job is to interpreted the code and rule based on that as to whether the appellant should be required to have a building permit. We will rule either for the Building Official or the appellant based on our interpretation of the code. Mr. Ness questioned if the individual has go through the process again and Mr. Koning stated that there maybe a better solution rather than coming to this board with an appeal. With no other questions from the Board, the Public Hearing was closed. MOTION: Mr. Bonney moved the Building Code Board of Appeals support the Building Officials notice dated August 4, 1994 stating a Building Permit is required. Mr. Ness seconded. DISCUSSION: Mr. Bonney stated that when he read the code it was clear to him that a building permit was required. There was discussion as to what will go into the findings -of -fact. VOTE ON MOTION: Ayes: Bonney, Hacker, Koning, Ness Noes: Cloudy Absent: Mahoney MOTION PASSES 4 Ayes, 1 Noe COMMENTS Mr. Koning stated the findings -of -fact is an official document and needs to be approved by the board. If it could be approved in this meeting it could save time. Mr. Ness stated that it was an administrative issue and it would involve taking all the information discussed, typing it up and having it signed. Mr. Koning asked that the findings -of -fact be read back. Ms. Lanahan stated basically it would be taken directly from the code that Mr. Koning read. Mr. Ness agreed that the findings -of -fact will be the code that has been identified so far. Mr. Hobgood stated there will be another meeting in two weeks. Mr. Bonney suggested we get it typed out for everyone to read before the next meeting. Mr. Ness agreed that would be sufficient time. XI FINDINGS -OF- FACT Mr. Koning stated: 1. In the Uniform Building Code Chapter 70, Permits Required, Section 7003 (a) Permits Required, Except as specified in Subsection (b) of this section, no person shall do any grading without first having obtained a grading permit from the building official. a. It is a fact that no permit was obtained by the contractor. 2. Section 7003. (b) Exempted Work. 8. An excavation which (1) is less than 5 feet in depth, or (2) which does not create a cut slope greater than 10 feet in height and steeper than 1 1/2 horizontal to 1 vertical, as amended by the Borough 7/92. In Rolland Jones letter it is stated that it is anticipated that here will be a longtime continual raveling and slaking of the slope of the existing material until it attains its natural angle of repose. This would be a slope of approximately 1 1/2 horizontal to 1 vertical. a. The fact is that the slope is greater than 1 1/2 to 1 vertical. 3. In UBC Section 7006.(a) Permits Required. Except as exempted in Section 7003 of this code, no person shall do any grading without first obtaining a grading permit from the building official. A separate permit shall be obtained for each site, and may cover both excavations and fills. 4. In the letter dated August 6, 1994 from the appellant to the Building Code Board of Appeals it is stated in number 3 that a permit had not been obtained. Mr. Koning stated the following: "According to Appellant rule 602, you the appellant have the right to appeal to the Superior Court of the State of Alaska from our decision. Should you wish to exercise your right of appeal you must do so by notifying the Borough Attorney and initiating the process within 30 days from November 1, 1994, when the findings -of -fact are adopted, and failure to do so will forever bar you from any appeal in this case." MOTION: Mr. Ness moved to postpone the review and approval of the findings -of- facts to November 1, 1994. Mr. Bonney seconded. VOTE TO POSTPONE: Ayes: Bonney, Cloudy, Hacker, Koning, Ness Noes: None Absent: Mahoney MOTION CARRIED. Meeting was recessed at 7:30 P.M. until November 1 1994, 7:00 P.M. in the Conference Room. i Chairman, Mr. Koning reconvened the meeting on November 1, 1994 at 7:30 P.M. in the Conference Room. Roll call was taken. MEMBER PRESENT STAFF PRESENT Scott Bonney Connie Lanahan Gregg Hacker Woody Koning Eric Ness A quorum was established. MOTION: Mr. Hacker moved to approve the Findings -of -Fact as written and Mr. Ness seconded. Roll call vote was unanimous. Findings -of -Fact is adopted. Mr. Ness moved to approve the minutes as written. Mr. Hacker seconded. Unanimous roll call vote. Motion carried. XII. ADJOURNMENT Mr. Koning adjourned the meeting at 7:35 P.M. Minutes pproved by: Submitted by: Chaairir o man an ning Date Connie Lanahan Date Eng /Fac Secretary