HomeMy WebLinkAbout06-24-1999 Regular Meeing and Public Hearing• •
MINUTES
• •
ZONING BOARD OF ADJUSTMENT
MINUTES OF APRIL 22,1999
Members Present: Sidney Grant, Willie Walker, Ruben Salinas, Charles Schoppe, Bob
Caper, George Maltsberger
Members Absent: Rod Rothermel
COY Staff Present: Chief Building Official Debbie Wilmore, Assistant City Attorney
John Armstrong, Planning Secretary Peggy Lee
I. CAIS. TO ORDER
Meeting was called to order by Chairperson Grant at 7:00 PM.
II. APPROVE MINUTES OF THE FEBRUARY 24,1999 MEETING.
No objections were posed from the Board; Chairperson Grant declared the minutes
approved as presented.
III. CONSIDER SPECIAL EXCEPTION REQUEST #SE99-002 WHICH
SEESS TO ALLOW THE CONSTRUCTION OF AN ACCESSORY
BUILDING WHICH WILL BE USED FOR OFFICE AND STORAGE
PURPOSES IN A GENERAL COMMERCIAL (GC) ZONE AS PER
SECTION 106-191(B)(2)(C) OF THE CODE OF ORDINANCES OF THE
CITY OF LA PORTS.
Chief Building Official, Debbie Wilmore, presented stafQs report The applicant, Bill
White, on behalf of the owner, American Legion Post 428, requested a special
exception to allow construction of a new 20' x 20' office/storage accessory building
to be built on an existing conaete slab.
Public notices were mailed to twenty surrounding property owners. The City
received two replies in favor of the special exception; three were returned
undeliverable.
Staff recommended approval of the exception.
A. PROPONENTS
Mr. Grant swore in Bill White. Mr. White told the Board that he
really appreciated all the effort put forth by City staff regarding his
request.
B. OPPONENTS
There were none.
A motion was made by Bob Capen m approve Special Exception #SE99-002 The
motion was seconded by Charles Schoppe. All were in favor and the motion passed.
(Note: Mr. Maltsberger arrived after the meeting had convened and was not present
for the vote.)
Zoniag Board of Adrys~ •
M~autes of April 22,1999
Page 2 of 2
PP. STAFF REPORTS
Mr. Capen asked if there were any matters staffwas aware of that might be coming
before the Board in the near future. John Armstrong noted that City staff has
contracted with a consulting firm m develop some guidelines for processing non-
conformities (Ordinance 1501-Z). Since the role of the Board of Adjustment will be
increased to address the non-conformities, the consultants will be conducting
training and education sessions for staff and Board Members.
Chairperson Grant asked that the City coordinate closely with the Board when
setting dates and times for :training sessions. to ensure meeting times accommodate
Member's schedules.
v. A~uJouRly
Chairperson Grant declared the meeting duly adjourned at 7:10 PM.
Respectfully submitted,
Peggy ,
Secretary, Zoning Board of Adjustment
Approved on this~~day of ,1999.
~ Sidn. G t
Chairperson, Zoning Board of Adjustment
• •
APPEAL OF THE
ENFORCEMENT OFFICER' S
DECISION
#A99-001
• CITY OF LA PORTE •
ZONING BOARD OF ADJUSTMENT
APPEAL OF ENFORCEMENT OFFICERS DECISION
-------------------------------------------------------------- -----
Application No.:~~~- aa~
OFFICE USE ONLY: Date Received: S / - 9
-----------------------------------------------------------------------
Applicant:
3?v~ /~~
I am.the owner of the herein described property. I have authorized
to act on my behalf in this matter.
Owner*:
Name
PH:
Address
f gA ~0~. D ~/ ~.0~~ ~ GJJC
I am appealing the decision regarding or the interpertation of
Sect. ~i//. ?~, ~ of the No. 1501 . I am making
this appeal i~ r_,.gards to ,the prop r y located
Street Address Legal Descript'on
( ) Site Plan ( ) Minor Development Site Plan
( ) Major Development Site Plan ( ) General Plan
A Site Plan of the property is attached. Also, I have listed the
information requested below on the following pages of this form.'
a) All facts concerning the matter that has led up to this request.
b) The type of relief I am seeking (setbacks, lot coverage, etc.).
c) The grounds upon which I am making this request.
e If applicant is NOT the owner, he must provide Authorization to act
on the Owner's behalf.
S /s `1
at ~ Applicant s Signature
-----------------------------------------------------------------------
OFFICE USE ONLY
Site Plan and Authorization (if applicable) attached? Yes ( ) No ( K
Date transmitted to the Board of Adjustments: ~ ~ ~ ~ " 9 9
Meeting Date: ~ Applicant Notified of Date:
Board's Decision: Approved ( ) Denied ( )
Notice of Board Decision mailed to Applicant/Owner:
• •
PAGE 2
If there is not adequate room on the remainder of this form to
list all pertinent information, please feel free to attach an
additional letter or any information and exhibits you feel the Board
should consider.
FACTS RELEVANT TO THIS MATTER:
TYPE OF
9""y i1J RELIEF
o~- /3ii BEING
~ /L~z SOUGHT:
Q!/! R!z/)
~V .S//~if 6`/1 a~t ~9i~ •9~~
GROUNDS FOR THE REQUEST:
,~ x CAE P ~ja,~ /N L C~/)~z ~//. ~,
CED/1-f8T
• •
5-17-99
From: William Herrick, Atlantis Homes Inc.
281-473-5841
To: Buildling Inspection Department City of La Porte
Re: Appeal to Board of Adjustments and Appeals
Atlantis Homes would like to request an appeal of the
decision of the building inspection department to.require
sheetrock seperation between the house and attached garage.
This decision is not supported by the Standard Building
Code. 1991 version excepts single family dwellings from
this requirement as does the 1994 version. 1991 exeception
is 412.5.6.
William Herrick, president
•
•
Staff Report JUNE 24,1999
Appeal of Enforcement Officer's Decision #A 99-001 '~,
Requested bv: Atlantis Homes, Bill Herrick, Owner
Requested for: Elimination of the Residence and Garage Fire Separation
Background: In November 1995, by Ordinance #95 2079, the City adopted the 1994
Edition of the Standard Building Code and appendices. Then in October,
1997, the City adopted the current Code of Ordinances by Ordinance #97-
2198. Section 82-31 of that Code adopted and designated the 1994 Edition
of the Standard Building Code and appendices as the building code of the
~Y•
In accordance with Section 411.2.6 of the city's building code, the separation
between an automobile parking garage and other occupancies is required.
However, an option to this requirement is granted for Group R3 buildings
(one and two family dwellings) and an attached garage. A copy of this
requirement is attached and identified as Exhibit A
However, one of the referenced appendices adopted by the city is the CABO
One and Two Family Dwelling Code. In this code, Section 309.2
specifically requires the garage to be separated from the residence and its
attic area by means of a minimum 'i4-inch gypsum board applied to the
garage side. A copy of this requirement is attached and identified as Exhibit
B.
The exception referenced in the building code is located in Chapter 4, which
is identified as "Special Occupancy". This chapter is very broad and
includes regulations on residential, commeraal and industrial separations.
The One and Two Family Dwelling Code on the other hand is specifically
written to deal with residential construction.
The city has by department policy and by enforcement of the Dwelling Code
regulation required a separation between the residence and an attached
garage. This requirement is in place currently and is being uniformly
• •
Board of Adjustment
June 24,1999
#A 99-001
Page 2 of 3
enforced with all cornractors. This separation requirement provides a fire
separation to prevent the spread of fire between the garage and the residence.
The Dwelling Code regulation and department policy is totally supported by
the Fire Chief and the City's Fire Marshal. A memo from the Fire Marhal's
Office is attached and identified as Exhibit C.
In May, staff performed a survey of five (5}suimunding cities. The cities
included in this survey were League City, Webster, Friendswood, Seabrook
and Kemah. With the exception of Kemah, these cities indicated the fire
separation between the residence and garage was being installed by
contractors.
Ana is: The applicant is asking the Board to consider eliminating this requirement
based on the following facts.
^ Based on increased construction activity, the supply and demand of
sheetrock fluctuates. This can impact construction schedules.
The Building Code allows an exemption in accordance with Section
411.2.6.
Staff feels strongly that the separation requirement should remain in effect.
That is why in addition to the Dwelling Code regulation, a city policy also
addresses this issue. The separation provides a protection that along with
fire department action saves lives and helps reduce the amount of fire
damage to the'structure.
The Code of Ordinances allows appeals to the Board of Adjustment (Board)
by any person aggrieved or by an officer, department or board affected by
any decision of the enforcement officer.
Conclusion: Based on the facts and considerations noted in this report, staff stands by the
decision to require the fire separation between the residence and the garage.
We recommend the Board deny the applicant's request to delete the
residence and garage separation requirement as requested in Appeal of the
Enforcement Officer's Decision #A99-001.
• - i
Board ofAdusm~nc
June 24,1999
#A 99-001
Page 3 of 3
~: Asper Section 106-196 of the Code of Ordinances of the City of La Porte:
Any person or persons, jointly or severally, aggrieved by any decision of the
Board of Adjustment, or any taxpayer, or any officer, departmerrt, board or
bureau of the .city may present to a covet of nscord a petition for a writ of
certiorari, as provided by V.T.C.A, Local Government Code Section
211.011, duly verified, setting forth that such decision is illegal, in whole or
in part, specifying the grounds of the illegality. Such petition shall be
presented to the court within ten days after the filing of the decision in the
office of the Board of Adjustment.
•
•
EXHIBITS
• •
411.2.2 The cleaz height ~~f eai h floor level in vehicle and pedestrian traffic
areas shall not be less tha 7 f (2134 rnrn).
41123 Pedestrian gu 'ls; hall be provided in accordance with 1015 at
all exterior and interior openings on all floor and roof areas where
automobiles are pazked oved and when the vertical distance to the
ground or surface directly below exceeds 3 ft (914 mm). Such parking
areas shall also be provided with exterior or interior walls or impact
guardrails, except at pedestrian or vehicular accesses. designed in
accordance with 1608.2.3. Impact guardrails not less than 2 ft (607 mm)
high shall ~be placed at the ends of drive lanes, at the end of parking spaces
at the perimeter of the structure and at the end of parking spaces where the
difference in adjacent floor elevation is greater than 1 ft (305 mm).
411.2.4 Automobile ramps shall not be considered as providing required
exit facilities. Enclosed ramps shall be in accordance with the exit
requirements of Chapter 10.
411.2.5 Pazking surfaces shall be of concrete or similar noncombustible
and nonabsorbent materials.
F.~,~'!'t~?N: Asphalt parking surfaces are permitted at ground level.
411.2.6 Automobile parking garages shall be separated from other
o ;cuparicies in accordance with 704.
EXCFPTI~N~_ Separation is noted between a Grou~R3 building
~d a attached garage.
411.2.7 Connection of an automobile pazking garage with'any room in
which there is a fuel-fired appliance shall be by meatis of a doorway with a
raisedsill at least 8 inches (203 mm) above the garage floor or through a
vestibule providing two door separation. '
411.2.8 Openings from a parking gazage directly into a room used for
sleeping purposes shall not be permitted.
411.2.9 Garages of Type VI construction shall be permitted for use only for
dead storage or display of automobiles.
EXCEPTION: Garages not exceeding 850 sq ft (79 m2) and used for the
storage of not more than four automobiles or trucks of 1 ton (907.2 kg)
or less capacity.
4113 Opea Parking Garages
411.3:1 Open automobile parking garages with roof parking may be
constructed to the allowable heights and areas specified in Table 411.3.1.
To be considered open, the garage shall meet the requirements of 411.3.2,
411.3.3. and 411.3.4.
411.3.2 The. exterior and interior walls of the garage shall be designed in
accordance with one of the following:
1. At least 50% of the clear height between floors shall be open to the
atmosphere for the full length of at least two exterior walls, excluding
required stair and elevator walls and structural columns. Interior wall
~~ Standani Building Code®1994
~n~~~
3
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s
.~
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"r~~iti l
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•
308.6.4 Screens with multiple glazing. When the inboard pane
is fully tempered, heat-sorengthened, or wired slags, a tt:taiaing
scr+eea meeting the requirements of Section 308.6.7 shall be
installed below the glass, except for either condition listed in
Section 308.65. All other panes in the multiple glazing may be
of any type listed in Section 308.6.2.
308.65 Screens not required. Screens shall not be required
when fuAy tempered glass is used as single glazing or the bottom
pane in multiple glazing and either of the following conditions
ate met:
1. Glass area 16 square feet (1.49 m~ or less. I~ighest point
of glass not more than 12 feet (3658 mm) above a wa11c-
ingsurface orotheraccessiblearea, nominal glassthick-
nessnot more than 3/t6 inch (4.76 mm). and (formultiple
glazing only) the other pane or panes fully tempered,
laminated or wired glass.
2 Glass area greater than 16 square feet (1.49 m~. Glass
sloped 30 degrees or less from vertical, and highest point
of glass not more than 10 feet (3048 nun) above a walk-
ing surface or other accessible area
308.6.6 Glass in greenhouses. Any glazing material is per-
mitted to be installed without screening in the sloped areas of
greenhouses, provided the greenhouse height az the ridge does
not exceed 20 feet (6096 mm) above grade.
308.6.7 Screen characteristics. The screen and its fastenings
shall (1) be capable of supporting twice the weight of the glaz-
ing. (2) be fumlyand substantially fastened to the framing mem-
bers. and (3) have a mesh opening of no more than 1 inch by
1 inch (25 mm by 25 mm).
308.68 Curbs for skylights. All unit skylights installed in a
roof with a pitch flatter than three units vetical in 12 units hori-
zontal (25-percent slope) shall be mounted on a curb extending
at least 4 inches (102 mm) above the plane of the roof.
• SEC?10N 309
~~'' GARAGES
Opening protection. Openings fiom a private garage
y into a room used for sleeping purposes shall not beper-
. Other openings between the garage and residence shall
~PP~ with either solid wood doors not less than 13/g inch
g}ia thickness or 20-minute fire-rated doors. .
~Z Separation regnired. The garage shall be from
residence and its attic area by means of minimum t/2-inch
7 ~) 8YPsmn board applied to the garage side.
3 Floor surface. Garage and carport floor surfaces shall be
Iptoved noncombustible material. That area of flaorused for
iagofaummobiles arothervehiclesshall besloped to facili-
~e alovemenc of liquids to a drain or toward the main
be entry doorway.
• BUILDING PLANNING
SECTION 310
EXRS
310.1 Exit required. Not less than one exit conforming m this
chapter shall be provided from each dwelling unit
310.2 Emergency egress tzquired. Every sleeping room shall
have az least one opeaabie window or exterior door approved for
emergency egress orrescue. The units mustbe operable fi+omthe
inside to a full clear opening without the use of a key or cool.
Where windows are provided as a means of egcrst orrescue they
shall have a sill height of not more than 44 inches (1118 mm)
above the floor.
3102.1 Minimum size. All egress or rescue windows from
sleeping rooms must have a net clear opening of 5.7 square feet
(0.530 m~. The minimum net clear opening height shall be
22 inches (559 mm). The minimum net clear opening width shall
be 20 inches (S08 mm).
Exception: Grade floor windows may have a minimum net
clear opening of 5 square feet (0.465 m~.
310.2.2 Bars, grt7ls and screens. Bars, grills, screens or other
obstructions placed over emergency escape windows shall be
releasable or removable from the inside without the use of a key
or tool.
3103 Under stair prntection. Enclosed accessible space under
stairs shall have walls and soffits protected on the enclosed side
with 1/Z-inch (12.7 mm) gypsum board
310.41~pe of lock or latch. All egress doors shall be readily
operable fiom the side from which egress is to be made without
the use of a key.
SECTION 311
DOORS AND HALLWAYS
311.1 General The required exit door shall be a side-hinged
door not less than 3 feet (914 mm) in width and 6 feet 8 inches
(2032 mm) in height Otherexteriorhinged orsliding doors shall
not be required to comply with these minimum dimensions. The
minimum width of a hallway orexit access shall be not less than
3 feet (914 mtn).
SECTION 312
LANDINGS
312.1 General A minimum of 3 foot by 3 foot (914 mm by 914
mm) landing shall be required on each side of an egress dsgr. The
floor or landing stratr roc ue uwre than 1'/Z inches (38 mm) lower
than ute~ of the thresttota. ` '~•
Exceptions:
1. At the top of a flight of stairs, provided the door does not
swing over the stairs. '
2. The landing az the exterior doorway shaD not be rice
than 8l/4 inches (210 mm) below thetopofthe threshold,
- D['Q_ j~Q.r~OQL~[ dCC.4 nOt swing Over thf: l8n~n~;
3. Exterior storm and,screeA aoors are exempt from the
• requirements •ror ianoutgs. ~ -
DCHIQIT $ ,9
• ~
LA PORTE FIRE MARSHALS' OFFICE
INTER-OFFICE MEMO
May 19,1999
TO: DEBBIE WILMORE, CHIEF BUILDING OFFICIAL
FROM: PAUL R. HICKENBOTTOM, FIRE MARSHAL ~~~~~ ,
SUBJECT: RATED WALL SEPERATION
Asper your request, I have reviewed the La Porte Fire Code (Standazd Fire Code -1994
Edition -with amendments) regarding the requirement for a rated sheet rock wall
sepazating an attached gazage from a residence.
After my review, I was unable to find any code requirement for the rated wall.
However, I am:
1. In full agreement with,
2. In total support of,
3. Requesting that,
the currently enforced Building Department policy, requiring such a rated wall be
continued.
For your information, I have been in the fire service for over 29 years, first as a Fire
Fighter, Fire Inspector, Assistant Fire Marshal, and for the last 19 years the Fire Marshal
for the City of La Porte. I have personally seen many times where a fire rated wall
separating a gazage from a residence has help stop the spread of fire from one area to
another. In my professional opinion, the protection the rated sheet rock wall provides, far
out ways the cost of the sheet rock and the labor cost to install it.
If you have any question,. please advise.
E~HI~I°f C