Loading...
HomeMy WebLinkAboutBuilding Review Commission - MINUTES - 09/28/2023City of Fort Collins Page 1 September 28, 2023 Alan Cram, Chair Council Chambers Gabe Dunbar 300 Laporte Avenue Shaun Moscrip Fort Collins, CO Eric Richards, Vice Chair Casey Roberts Staff Liaison: Mark Teplitsky Marcus Coldiron Ronnie Zimmerman Chief Building Official Meeting Minutes September 28, 2023 A regular meeting of the Building Review Commission was held on Thursday, September 28, 2023, at 9:04 a.m. in the Council Chambers of the Fort Collins Municipal Building at 300 Laporte Avenue, Fort Collins, Colorado. • CALL TO ORDER Chair Cram called the meeting to order at 9:04 a.m. • ROLL CALL PRESENT: Cram, Dunbar, Moscrip, Richards, Roberts, Zimmerman ABSENT: Teplitsky STAFF: Coldiron, Hayes, Manno, Matsunaka • PUBLIC COMMENT ON ITEMS NOT ON THE AGENDA None. • DISCUSSION AGENDA 1. CONSIDERATION AND APPROVAL OF THE MINUTES OF THE JULY 27, 2023 MEETING. Commissioner Zimmerman moved to approve the minutes of the July 27, 2023, meeting. Commissioner Moscrip seconded. The motion passed 6-0. [Timestamp: 9:06 a.m.] Building Review Commission City of Fort Collins Page 2 September 28, 2023 1. NOCO PROPERTY SOLUTIONS - REQUEST FOR VARIANCE TO LAPSED PAYMENT DEADLINES FOR RENEWAL, AND REINSTATEMENT OF EXPIRED LICENSE AND SUPERVISOR’S CERTIFICATE DESCRIPTION: Mr. John Davison of NoCo Property Solutions dba BLM Construction is requesting a variance to the lapsed 60-day deadline for payment of his license and supervisor’s certificate renewal fee. Mr. Davison’s license and certificate expired and ceased to be eligible for renewal because he was 13 days late in paying the renewal fee. STAFF: Shar Manno, Administrative Services Manager John Davison, owner, NoCo Property Solutions dba BLM Construction, introduced himself. Chair Cram outlined the hearing procedure. Staff Presentation Sharlene Manno, Administrative Services Manager, gave the background of City Code Sections 15- 154, 15-157, and 15-160, which allow a license or supervisor’s certificate to be renewed if the applicant pays the renewal fee within 60 days of the anniversary of the license or certificate’s issuance. If the renewal fee is not paid within that time, the license or certificate expires and stops being eligible for renewal. Ms. Manno discussed that since July 16, 2013, Mr. Davison has held a Class D2 license and supervisor’s certificate with the City of Fort Collins. The license and supervisor’s certificate are now in a disabled status because Mr. Davison was 13 days late in paying for his renewal. Ms. Manno explained that Mr. Davison applied to renew his license and supervisor’s certificate on May 11, 2023. Building Services sent payment instructions for the biennial fee of $225—with payment due on August 18, 2023. Mr. Davison attempted to pay the fee on August 31, 2023. At that time, the Chief Building Official was no longer able to grant a renewal without a variance from the Code. She noted that Mr. Davison now requests that variance from the Commission. Ms. Manno read through the relevant City Code Sections 2-173, 15-154, 15-157, and 15-160, in detail for the Commission. Ms. Manno stated that staff recommends denial of Mr. Davison’s appeal based on those relevant code sections. Ms. Manno discussed Commission options in this matter, including granting a variance. [Timestamp: 9:15 a.m.] Appellant Presentation Mr. Davison discussed the timeline and events of his renewal attempts. He discussed that on May 11, 2023, he came to staff to pay his renewal, but was turned away, and told to pay in the portal system online. He noted that due to circumstances beyond and within his control, he has failed to timely renew his license and certificate. He discussed that he has been a contractor in this area for twenty-seven years and would like to continue to work in the City, if the Commission grants him a one-time variance. He noted that he has not been late in paying his renewal in prior years. Staff Rebuttal Ms. Manno discussed her understanding of Mr. Davison and staff interactions on May 11, 2023. Ms. Manno clarified that staff will accept payment in person, over the phone, in the after-hours drop box, or in the online portal, via check, credit card, or cash. She noted that staff would like payments to be made as conveniently as possible for the payor. She noted that staff is diligent in their communications and invited Mr. Davison to reach out if this situation arises again. City of Fort Collins Page 3 September 28, 2023 Appellant Rebuttal None. Commission Questions and Discussion Commissioner Dunbar asked Mr. Davison about the types of projects he works on in the City. Mr. Davison indicated that he mainly does smaller projects, such as additions. He noted that he holds valid contractor licenses in Larimer County, Wellington, Windsor, and Timnath. Commissioner Richards asked Mr. Davison about current projects in the City that are waiting on this paperwork to begin. Mr. Davison discussed his upcoming projects, such as a three-story addition and garage. Chair Cram asked staff to provide information regarding any previous violations or permit issues charged to Mr. Davison. Ms. Manno discussed an incident on April 29, 2021, where Mr. Davison had a roofing permit that did not have a Construction Waste Management Plan, and was recommended for a blanket suspension of all permits that were not in compliance at the time. Ms. Manno noted that Mr. Davison brought his expired permits into compliance on May 27, 2021. Chair Cram asked for the Commission to make a motion. [Timestamp: 9:23 a.m.] Commissioner Dunbar moved that the Building Review Commission GRANT Mr. John Davison’s request for a variance from the requirements of City Code Chapter 15 relating to license renewal. I find that applicant demonstrates to the BRC’s satisfaction that it possess other qualifications not specifically listed in the Code that the BRC determines qualify the applicant to perform competently. I further find that the variance can be granted without substantial detriment to the public good, and without substantially impairing the intent and purpose of the Code. Commissioner Zimmerman seconded. The motion passed 5-1. Commissioner Richards discussed his concerns that granting this variance may substantially impair the intent of the Code. He noted that while thirteen days past the deadline is unfortunate, the issue is trying to be equitable to future or past applicants. He discussed issues of determining where to draw the line, of how many days late is too late. Commissioner Zimmerman noted that difficulty of this situation and not impairing the intent of the Code. He asked the Commission to consider the intent of the code in setting a payment deadline. Commission Moscrip discussed the fact that Mr. Davison tried to pay on May 11, 2023, but was turned away by staff. He noted that this sets this case apart from other applicants that fail to pay because they forgot. Commissioner Zimmerman agreed that Mr. Davison’s attempt to pay or comply is one reason why granting a variance is acceptable in this case. Chair Cram noted his concerns with setting a precedent and discussed facts of this case that prevent a precedent. He noted that Mr. Davison has had a license in good standing for a long time, is current, except for his failure to pay in this instance. Cram closed discussion and called for a vote on the motion. • OTHER BUSINESS None. • ADJOURNMENT Chair Cram adjourned the meeting at 9:30 am. Minutes prepared by and respectfully submitted by Melissa Matsunaka.