HomeMy WebLinkAbout1991-02-13 BAA MINUTES•
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MINUTES
BOARD OF ADJUSTMENT AND APPEALS
ENGLEWOOD, COLORADO
FEBRUARY 13, 1991
The regular meeting of the Englewood Board of Adjustment and Appeals was
called to order by Chairman Welker at 7:30 p.m.
Members present: Seymour, George, Lighthall, Shaffer, Cohn, Waldman, and
Welker.
Members absent: None.
Also present: Harold Stitt, Staff Advisor
Dan Brotzman, Assistant City Attorney
The Chairman stated that with seven members present, five affirmative votes
would be required to grant an appeal or a variance.
SWEARING IN OF NEW APPOINTEES.
Pat Crow, the City Clerk, administered the oath of office to Ms. Cohn, Mr .
Seymour, and Mr. Welker. The three appointees will serve 4-year terms
(February 1991 thru February 1995).
APPROVAL OF MINUTES .
Board Member Lighthall moved that the minutes of January 9, 1991 be approved
as written.
Board Member Cohn seconded the motion.
A 11 seven members voted in favor of the motion, and the Chairman ruled the
Minutes for January 9, 1991, were approved as written.
APPROVAL OF FINDINGS OF FACT.
Board Member Seymour moved that the Findings of Fact for Case #1-91, St. Louis
Church of 3300 South Sherman Street; Case #3-91, Mr. G i 11 i am of 3100 South
Humboldt Street; and Case #4-91, James Murphy of 2997 South Delaware Street,
be approved as written.
Board Member George seconded the motion.
All seven members voted in favor of the motion, and the Chairman ruled the
Findings of Fact approved as written .
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ELECTION OF OFFICERS. .
Board Member Lighthall nominated Mr. Waldman for Chairman, and Ms. Shaffer as •
Vice-Chairperson. Board Member Waldman moved to re-elect Mr. Welker as
Chairman. After the Board voted, the Secretary counted the votes and reported
that Mr. Welker would retain his Chairmanship, and Ms. Shaffer would become
Vice Chairperson.
PUBLIC HEARING -CASE #2-91:
4601 South Clarkson Street
The Chairman opened the pub 1 i c hearing for Case #2-91, stating the Board is
authorized to grant or deny a variance or appeal by Part 3, Section 60 of the
Englewood Municipal Code. He said he had proof of publication and posting,
and asked the staff to identify the request.
Mr. Welker announced he resides and owns the property adjoining 4601 South
Cl arks on Street and would, therefore, step down from the dais during the
consideration of this case. He asked Ms. Lighthall to chair this portion of
the meeting and left the dais.
Harold Stitt,
Staff Advisor for Community Development,
was sworn in for testimony. He stated that the applicant was requesting
a variance to construct a single, three-unit residential structure to
replace the existing three dwelling units contained in two separate
structures on the property at 4601 South Clarkson Street. The property
is zoned R-1-C, Single-family Residence and the three existing dwelling •
units are registered as a Nonconforming Use. This is a variance from
Sections 16-6-l:E,F,and G and Sections 16-6-2:B,and C of the
Comprehensive Zoning Ordinance, Nonconforming Uses.
Clifford Sampier
residence at 5629 South Greenwood, Littleton
was sworn in for testimony. He entered into the record a two-page
statement which included the following points:
-that he had purchased the property at 4601 South Clarkson street
with the intention of eliminating the existing structures and
replacing them with three modern, up-to-date units under one roof;
that he was proposing to construct an identical situation as exists
on the property: a one-bedroom unit and two 2-bedroom units;
-that he felt the request would not adversely affect the
neighborhood or result in a change in the character of the
neighborhood;
-that he would limit the number of children as specified by HUD
guidelines; allowing for a total of five children or less in the
unit s ;
-that he had initially obtained approval from four neighbors with •
Mr. Welker retracting his approval at a later date;
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-that he felt the proposal met all the parking, setback, structural
requirements, and building-to-land ratio;
-that the rent would range from $385 to $395 for the one-bedroom,
and between $425 and $450 for the two-bedroom units;
-that he felt his management of the property would benefit both the
tenants and the neighborhood.
Mr. Sampier explained to the Board that he is pastor of the Church at
4860 South Clarkson Street and has managed that facility as well as
owning and managing other properties. Mr. Sampier also addressed some of
the questions about the blueprints for the new construction included in
the Board's packet. Mr. Sampier concluded his testimony stating that
access to the units would be from East Tufts Avenue and not South
Clarkson Street; but that the original address of 4601 South Clarkson
Street would be retained.
Becky Baker,
Chief Building Inspector
was sworn in for testimony.
on several issues pertaining
Harold Stitt
Staff Advisor
was sworn in for testimony.
requirements for the R-1-C
the proposed construction.
fencing for corner lots.
Ms. Baker answered questions from the Board
to the proposed structure.
Mr. Stitt reviewed the side yard and setback
zone district stating they were observed in
Mr. Stitt also answered questions relative to
The Chairperson asked if there were any speakers in the audience for or
against the proposal.
Ralph Gies
4725 South Clarkson Street
was sworn in for testimony. Mr. Gies stated that he resides one block
from the subject property. Mr. Gies stated his primary concern was that
the property had been vacant for the specified time as stated under the
nonconforming use regulations, and maintained that the property should be
reverted to a single-family use.
Mr. Gies stated he opposed the variance because he fe 1t the proposed
multi-unit rental would affect present and future property values.
Carl Jobski
4617 South Clarkson Street
was sworn in for testimony. Mr. Jobski stated he has resided in the
neighborhood since 1950. Mr. Jobski stated that historically renters
were destructive to the property, and created general disorder within the
neighborhood. Mr. Jobski stated that his concern was that the proposal
would downgrade his property and that the multi-family situation would
create parking problems .
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Carl Welker
4611 South Clarkson Street •
was sworn in for testimony. Mr. Welker stated he resides at the property
abutting the subject property on the south and would be most affected by
the proposal. Mr. Welker stated that during the ten years of residing
next to the property he has witnessed good and bad conditions; but that
in recent years the property deteriorated due to tenant destruction and
lack of maintenance.
Mr. Welker stated that basically he was of the opinion that the property
could not sustain the amount of traffic, cars, and pets that would result
from the number of occupants that would reside in the proposed three-unit
structure. Mr. Welker added another concern was that the entrance to the
units would face his family room resulting in pedestrian traffic and
noise.
Mr. Welker concluded that the three-unit structure as proposed for the
property, would increase the density more than the property could
accommodate and more than should be allowed in a single-family area. Mr.
Welker added that the consideration of a two-unit dwelling which
apparently could be constructed under the Nonconforming Use section
seemed to be the maximum density that could be accommodated on the
property and in the neighborhood.
There were no further questions, and no other speakers for or against the
case. The Chairperson incorporated the Staff Report into the record and
closed the public hearing.
BOARD MEMBER SEYMOUR MADE A MOTION FOR CASE #2-91, THAT CLIFFORD SAMPIER, FOR •
THE PROPERTY LOCATED AT 4601 SOUTH CLARKSON STREET, BE GRANTED A VARIANCE TO
CONSTRUCT A THREE-UNIT RESIDENTIAL STRUCTURE TO REPLACE THE EXISTING THREE
DWELLING UNITS LOCATED ON THE PROPERTY IN TWO (2) SEPARATE BUILDINGS. THIS
PROPERTY IS ZONED R-1-C, SINGLE-FAMILY RESIDENCE AND THE THREE EXISTING
DWELLING UNITS ARE REGISTERED AS A NONCONFORMING USE. THIS IS A VARIANCE FROM
SECTIONS 16-6-l:E,F,G AND SECTIONS 16-6-2:B,C, OF THE COMPREHENSIVE ZONING
ORDINANCE, NONCONFORMING USES.
Board Member Waldman seconded the motion.
Discussion ensued with the Board questioning the legality of allowing a
Nonconforming Use on the subject property.
Harold Stitt
Staff Advisor
approached the podium . Mr. Stitt clarified the staff's position on the
property, stating that renovating the buildings to bring them up to code
would be structurally and financially impossible; and that the staff took
the position that a new building would be more attractive than the
present structures . Mr. Stitt explained that under the current
Nonconforming Use Ordinance, Section 16-6-l:G, the construction of a new
two-family structure to replace the existing three dwelling units in two
structures would be allowed .
The members locked in their votes, and gave their findings as follows:
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Ms. George voted no, stating the proposal does not meet any of the 5
conditions for granting the variance .
Mr. Seymour voted against the motion stating the variance did not meet the
requirements of the City ordinance.
Ms. Shaffer concurred stating the variance does not meet any of the required
conditions to grant a variance.
Mr. Waldman voted no stating the appropriate use of the property did not apply
for granting the variance.
Ms. Cohn concurred.
Chairperson Lighthall agreed with the other members and the reasons given.
When the votes were displayed, all 6 members had voted against the variance.
The Chairperson announced the variance was denied.
A recess was declared at 8:55 p.m. The meeting reconvened at 9:00 p.m. with
the same Board members present.
Public Hearing Case #5-91.
3627 South Pennsylvania Street
Mr. Welker resumed the Chair and opened the Public Hearing for Case #5-91,
stating he had proof of publication and posting .
Harold Stitt
Staff Advisor
i dent i fi ed the request stating the applicants, Dami en Mul vany and Mark
Novelen, were requesting a variance from Section 16-4-8:C 3 Minimum Lot
Area for Permitted Principal Uses, in order to construct a Dental Office
on a lot having an area of 11,812.5 square feet instead of the required
24,000 square feet.
Dr. Mark Novelen
3601 South Pearl Street
was sworn in for testimony. Dr. Novelen stated he and his partner,
Damien Mulvany, were currently conducting their dental practice at 3601
South Clarkson Street, but that they were interested in owning their own
building for their practice. Dr. Novelen stated that there were two
dental office buildings in the area, and that he felt the request to
build a new dental office would be in keeping with the developmental
pattern in the area. Dr. Novelen stated that he felt the neighborhood
would be upgraded by removing the existing single-family dwelling and
replacing it with a new single-story, ranch-style professional building.
Dr. Novelen submitted 3 statements from three (3) residents in the area
supporting the variance.
Dr. Novelen circulated a preliminary plan for the Board to review. He
explained that the proposed building would be between 3,000 and 3,500
square feet on the 11,800 square foot lot; that the requirements for
landscaping would be met; and that 20 to 25 parking places would be
available to provide adequate parking for both patients and employees.
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The Chairman asked if there were any speakers for or against the request.
Dr. Allen Wanderer
practice at •
3601 South Pennsylvania Street
was sworn in for testimony. Dr. Wanderer stated that his practice has
been at 3601 South Pennsylvania Street for thirteen (13} years during
which time a number of traffic problems have occurred. Dr. Wanderer
explained that the parking lot for his facility has experienced an
on-going traffic problem by drivers using it in an attempt to avoid the
light at Logan for accessing onto U.S.285; and conversely, traffic
entering from the opposite direction to access Logan. He stated after
damage to his building occurred last year resulting from someone trying
to avoid traffic, that he contacted the City about the problem and was
advised to post signage warning drivers about trespassing through the
private parking lot.
Dr. Wanderer demonstrated to the Board, using a sketch of the area to
illustrate traffic flow, that he perceived the impact of the proposed
office building would increase the traffic and parking problems. Dr.
Wanderer illustrated how the parking areas of the medical facilities at
3601 South Pennsylvania and 3600 South Logan have resulted in ingress and
egress traffic problems for accessing to U.S.285.
Dr. Wanderer concluded by submitting for the record, a traffic accident
report verifying that the third highest incidents of traffic accidents in
Englewood occurred at the intersection of Logan and Highway 285. He
stated that his main objection to the new facility at 3627 South
Pennsylvania Street stemmed from the past traffic problems, and that the •
variance should not be approved until an overall traffic plan was
developed to resolve the traffic issues identified in his presentation.
Robert Preeo
Attorney and Counselor of Law
1120 Lincoln Street, Denver
was sworn in for testimony. Mr. Preeo stated he was representing Mrs.
Patricia Wanderer, the owner of the building at 3601 South Pennsylvania
Street. He stated some of the concerns about the impact of the new
medical building in the area were: that there would be an increase in
traffic flow, congestion and accidents; and that there would be safety
and hazard issues for pedestrians and patients.
Mr. Preeo cited Section 16-2-8 stating he felt granting the variance
would be questionable in reference to observing the spirit of the
neighborhood; securing the public safety; and adversely affecting the
adjacent property.
Mr. Preeo questioned the accepted use of the property, stating he did not
feel the proposal met the requirements of an R-3 Zone District with
regard to square footage of tre property. Mr. Preeo continued with his
objections concerning the use qf the property, stating he was of the
opinion that the proposal did not meet the permitted use requirements
within the zone district applicable to the property, and that the
proposed use is not the least traffic-intensive use permitted, suggesting
that single-family use would have less impact upon the traffic
congestion.
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Mr. Preeo concluded that he was of the op1n1on that if the variance is
granted, that a st i pul at ion should be pl aced on the variance that the
City will take the burden of correcting the South Logan Street and
U.S.Hwy.285 intersection with an in depth study involving the City, the
State and the medical facilities in the area.
Dr. Riley, D.D.S.
practice at 3600 South Logan Street
was sworn in for testimony. Dr. Riley stated that he opposed the
variance because he felt the additional traffic generating from the
facility would add to the existing traffic problems. Dr. Riley cited
drivers from the Englewood High School, two blocks away, as another
factor involved with the high level of traffic on Logan and Highway 285.
Dr. Riley summed up his opposition, concluding that in his opinion the
new facility would increase the present parking and traffic problems.
Dr. Paul Hayes
3600 South Logan Street
was sworn in for testimony. Dr. Hayes stated he was opposed to the new
medical facility because he felt it would add to an already dangerous
traffic situation, and that he felt the present amount of traffic exiting
and accessing from Logan Street, tremendously impairs vision for safe
driving.
Dr. Novelen
approached the podium again. Dr. Novelen responded to the safety issues
as expressed by the doctors in the area, stating he was al so concerned
about the safety issues. Dr. Novel en entered into the record twenty
pictures of the side streets showing the current parking to illustrate
what he felt was adequate parking to support his request for the new
facility. Dr. Novelen stated that he did not agree that the new facility
would create additional traffic because their practice was already
established a block away from the proposed site.
Dr. Novelen concluded that both he and his partner, Dr. Mulvany, would be
open to work with the doctors and the issues relevant to traffic.
Harold Stitt
Staff Advisor
approached the podium to clarify a few issues. Mr. Stitt stated that the
variance was not for the permitted use of the property; but for the size
of the property involved. Mr. Stitt stated that although single-family,
two-family, and three-family dwellings are permitted uses in the R-3 Zone
District, that based on the type of existing land use pattern: eleven
apartment buildings, four office buildings, and five single family homes
within the four block area, the office building will be in character.
Mr. Stitt stated that the staff did not think one, two or three-family
dwellings were appropriate at this location; therefore, it was supportive
of the request.
Mr . Stitt concluded that he had met with the Traffic Engineer and City
Attorney's office concerning the traffic problems, and added since
U.S.Highway 285 is a state highway, they would have to be contacted; and
that all agencies need to consider some long range plans.
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There were no other speakers for or against the request. The Chairman
incorporated the Staff Report into the record, various exhibits, and closed
the Public Hearing.
BOARD MEMBER WALDMAN MADE A MOTION FOR CASE #5-91 AT 3627 SOUTH PENNSYLVANIA
STREET, THAT THE APPLICANTS, DR.DAMIEN MULVANY AND DR.MARK NOVELEN, BE GRANTED
A VARIANCE TO CONSTRUCT A DENTAL OFFICE ON A LOT HAVING LESS THAN THE MINIMUM
REQUIRED LOT AREA OF 24,000 SQUARE FEET, WHICH WOULD BE A VARIANCE TO SECTION
16-4-S:C 3, MINIMUM LOT AREA FOR PERMITTED PRINCIPAL USES, OF THE 1985
ENGLEWOOD MUNICIPAL CODE.
Board Member Seymour seconded the motion.
Discussion ensued.
The members locked in their votes, and gave their findings as follows:
Ms. Lighthall voted "no" stating she felt the tentative site plan and the need
to resolve the existing traffic problems prohibited her from approving the
variance.
Mr. Seymour voted "yes" stating he was in favor of eliminating the existing
house and erecting the new facility.
Ms. Shaffer voted "no" stating she felt the variance did not meet the
conditions necessary to grant it.
Mr. Waldman voted "yes" stating the proposed structure seemed to meet the
conditions necessary to grant the variance.
Ms. Cohn voted "yes" stating the only objections she heard concerned traffic,
and she felt the City would handle the problem; therefore, she was of the
opinion that all of the necessary conditions for granting a variance were met.
Ms. George stated she voted "yes" and felt the new facility would be
compatible with the other development in the area.
Mr. Welker voted "yes" stating the requirements for granting a variance
applied.
When the votes were displayed, 5 members voted for the variance, and 2
members; Ms. Lighthall and Ms. Shaffer voted against the motion. The Chairman
stated the variance was granted.
A recess was declared at 10:35 p.m. The meeting reconvened at 10:40 p.m.
PUBLIC HEARING CASE #6-91.
AMCO Construction -2830 South Bannock Street
The Chairman opened the Public Hea-ring stating that in an appeal, the staff
presents its case first and then the appellant is allowed to present his case .
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Harold Stitt
Staff Advisor
stated the applicant has requested an appeal from Section 3209 of the
1988 Uniform Building Code which states roofing materials and methods of
application shall comply with the U.B.C. Standards or shall follow
manufacturer, s i nsta 11 at ion requirements when approved by the Building
Official.
Becky Baker
Chief Building Inspector
approached the podium. Ms. Baker entered into the record a copy of the
manufacturer,s instructions to indicate that the instructions state that
rolled roofing must not be applied on a roof with less than 2/12 slope (2
inches drop, 12 inches run), and that in the case at hand, the garage
roof measured one and one-quarter, making it flatter than the allowable
margin of two inches or less. Ms. Baker reported that Code requires that
application of the roofing material be in accordance with manufacturer,s
specifications. Ms. Baker further explained that manufacturer,s know
what is best for application of their product and when the products are
applied incorrectly such as to a lesser slope than specified,
weather-protection problems can occur with the roof.
Ms. Baker answered some of the Board,s questions stating: that the entire
garage roof would need to be re-roofed; that the flatter the roof the
bigger the problems with respect to water standing or "ponding"; and that
the responsibility of the Building Department was to make sure the
roofing material was properly applied to meet the minimum standard; and
that even if the property owner says they approve of the job, the
responsibility of the City is with the property, not with the owner.
Ms. Baker concluded stating that the Department needs to have a pre-roof
inspection of the garage to ascertain the extent of water damage from
"ponding"; ascertain the number of layers of roofing; and check to see if
the decking is solid. Ms. Baker stated that it was the Department,s
opinion that the rolled roofing would have to be removed and acceptable
roofing material applied.
Mike Cooper
AMCO Construction
2115 West Chenango, Littleton
was sworn in for testimony. Mr. Cooper stated he was unaware that the
ro 11 ed roofing app 1 i ed on the garage was unacceptab 1 e s i nee it was not
documented during the pre -roof inspection. He added that the homeowner,
Mrs. Townsend, had written a letter stating she found the work
satisfactory.
Mr. Cooper answered the Boards questions on deta i 1 s concerning
application, materials and existing layers on the garage. Mr. Cooper
stated that there were two layers of roofing, making the rolled roofing
they applied, as the third layer. He added that to have applied a
roofing materi a 1 other than the ro 11 ed roofing with a modified roofing
application, would have cost three to four times more, and added the
insurance would not have reimbursed the difference . Mr. Cooper discussed
the guarantees involved with the different roofing products and stated
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Mr. Robert Cooper
AMCO Construction
was sworn in for testimony. Mr. Cooper, Sr. stated that he had been in •
the roofing business all his life. He stated that he estimated the job
at 2830 South Bannock Street, and that he applied for the permit. He
added that he felt the roofing material used for the garage was applied
according to the manufacturer's specifications.
Becky Baker
Chief Building Inspector
approached the podium. Ms. Baker entered into the record photographs of
the garage roof illustrating: 1) the areas of trapped water; 2) that the
slope was less than 2 inches; 3) the irregular nailing pattern; and 4)
the blistering of the roof.
There were no other persons who wished to testify relative to this matter.
The Chairman incorporated the Staff Report, various exhibits and photographs,
into the record and closed the Pubic Hearing.
BOARD MEMBER LIGHTHALL MOVED THAT IN CASE #6-91, THE APPLICANT, MICHAEL COOPER
OF AMCO ROOFING, BE GRANTED AN APPEAL FROM THE CODE ADMINISTRATOR'S ORDER AS
IT PERTAINS TO SECTION 3209 OF THE 1988 U. B. C. WHICH STATES THAT ROOFING
MATERIALS AND METHODS OF APPLICATION SHALL COMPLY WITH U. B. C. STANDARDS OR
SHALL FOLLOW MANUFACTURER'S INSTALLATION REQUIREMENTS .
Discussion ensued .
Board Member Cohn seconded the motion.
The members locked in their votes, and gave their findings as follows:
Board Member Seymour voted "yes" stating he felt the contractor met the
standards for applying the roofing material.
Board Member Shaffer concurred.
Board Member Waldman stated he voted "yes" because he felt the contractor
took the necessary measures for making the roofing water-tight.
Board Member Cohn voted "yes" stating the homeowner found the job acceptable
as stated in her letter .
Board Member voted "yes" stating she felt the safety measures were taken by
the contractor to ensure the roof is water-tight.
Board Member Lighthall concurred with the other Board members and added that
she felt that AMCO made a sincere effort to do a competent job.
Chairman Welker voted "no" stating he was not reasonably assured that the
installation of the roofing system met the standards, or that it is
water-tight.
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When the votes were displayed, six members had voted for the appeal, and one •
member, Mr. Welker, voted against it. The Chairman stated the appeal was
granted.
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PUBLIC HEARING CASE #7-91.
AMCO Construction -3270 South Pearl Street
The Chairman opened the Public Hearing and asked the Staff to present its case
first.
Harold Stitt
Staff Advisor
stated the app 1 i cant has requested an appea 1 from Section 3209 of the
1988 Uniform Building Code which states roofing materials and methods of
application shall comply with the U.B.C. Standards or shall follow
manufacturer's insta 11 at ion requirements when approved by the Bui 1 ding
Official.
Becky Baker
Chief Building Inspector
approached the podium. Ms. Baker stated that the Building Department
found the application of Tamko for the roof at 3270 South Pearl Street
unacceptable because of the irregular nailing pattern. Ms. Baker said
she had included in the Board 's packet a copy of a photo taken of the
roof to illustrate that the nailing pattern was not in conformance with
manufacturer's instructions.
Duane Davidson
Building Inspector
was sworn in for testimony. Mr. Davidson read the application
instructions from a Tamko roofing package, stating that the nails must be
p 1 aced under the s 1 it port ion of the tab to make it water-tight. Mr .
Davidson stated that a cautionary note specifically states that if the
roofing is not applied according to the instructions, the manufacturer
will not be responsible for problems that may result from any deviation;
thus the warranty would be void. Mr. Davidson entered into the record a
diagram to illustrate that application of the nails was critical to
prevent wind uplifting of the T-lock shingles, and to prevent water
collecting at the interlocking of the tabs.
Mr. Davidson commented on letters from roofing manufacturers . He stated
that the companies are interested in promoting their product and that
many of the letters a r e not always from technical personnel but rather
sales people interested only in promoting their product. Mr. Davidson
stated that the Building Division's position is that they prefer that
specifics are addressed rather than a gloss-over in generalities.
Mr. Davidson concluded that it was the Building Department's position
that the contractor should remove the third layer they applied, and
re-roof according to the manufacturer's instructions .
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Mike Cooper
AMCO Construction •
approached the podium. Mr. Cooper stated he disagreed with the Building
Department's analysis that the nailing pattern was incorrect. Mr. Cooper
entered into the record a letter from the manufacturer. stating he felt
that with their approval, the application of roofing should be
acceptable.
Robert Cooper, Sr.
AMCO Construction
approached the podium and briefly commented that he felt they had
correctly applied the roofing material and disputed the nailing pattern.
There was no further testimony. The Chairman incorporated the staff report,
photographs, and exhibits into the record and closed the Public Hearing.
BOARD MEMBER WALDMAN MOVED THAT IN CASE #7-91, THE APPLICANT, MICHAEL COOPER
OF AMCO ROOFING, BE GRANTED AN APPEAL FROM THE CODE ADMINISTRATOR'S ORDER AS
IT PERTAINS TO SECTION 3209 OF THE 1988 U.B.C. WHICH STATES THAT ROOFING
MATERIALS AND METHODS OF APPLICATION SHALL COMPLY WITH U.B.C. STANDARDS OR
SHALL FOLLOW MANUFACTURER'S INSTALLATION REQUIREMENTS.
Board Member Seymour seconded the motion.
The members locked in their votes, and gave their findings as follows:
Board Member Shaffer voted "yes" for the appeal to be granted.
Board Member Waldman voted "yes'' stating he did not think the nailing pattern
was that critical.
Board Member Cohn voted "no" stating that the manufacturer's specifications
are set forth for a reason and that the contractor should have followed them.
Board Member George concurred that the manufacturer's instructions should be
followed and therefore voted "no".
Board Member Lighthall voted ''no" stating that the contractor was given plenty
of notice from the Building Department to make the necessary corrections and
should have done so.
Board Member Seymour voted "no'' stating that evidence showed the contractor to
be neg 1 i gent.
Board Member Welker concurred voting "no".
When the votes were displayed, five members had voted against the appeal, with
Board Member Shaffer and Board Member Waldman voting for the appeal.
The Chairman announced the appeal was denied and instructed the appe 11 ant,
AMCO Construction, to contact the Building Department for direction on making
the necessary corrections.
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CITY ATTORNEY'S CHOICE .
Mr. Brotzman informed the Board that City personnel from the Building and
Safety Division, Fire Division, and Code Enforcement Division met with Omni
Bank representatives at 2280 West Evans Street. At that meeting, the City
issued a list of Zoning, Building, and Fire Code violations that need to be
brought into compliance.
The Bank issued to Kurtz an eviction notice, giving him until March 1, 1991 to
evacuate the property. Mr. Brotzman said since that time period was
unrealistic, the Bank would be monitoring the progress of the eviction.
STAFF ADVISOR.
Mr. Stitt informed the Board that the meeting with Council originally
scheduled for March 4th, has been postponed until March 18th at 6:00 p.m.
With no further business to come before the Board, the meeting adjourned at
1:00 a.m.
Respectfully submitted,
C1e Mahon,
Recording Secretary
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