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HomeMy WebLinkAboutBuilding Review Commission - MINUTES - 04/25/2024City of Fort Collins Page 1 April 25, 2024 Eric Richards, Vice Chair Council Chambers Gabe Dunbar 300 Laporte Avenue, Fort Collins Shaun Moscrip Bob Poncelow Casey Roberts Staff Liaison: Jeffrey Schneider Russell Hovland Ronnie Zimmerman Supervisor, Plans Examiner Meeting Minutes April 25, 2024 A regular meeting of the Building Review Commission was held on Thursday, April 25, 2024, at 9:00 a.m. in person at 300 Laporte Avenue, Fort Collins, Colorado. • CALL TO ORDER Vice Chair Richards called the meeting to order at 9:01 a.m. • ROLL CALL PRESENT: Dunbar, Moscrip, Poncelow, Richards, Roberts, Schneider, and Zimmerman ABSENT: None STAFF: Hovland, Howell, Manno, Matsunaka, Shehan, Yatabe • PUBLIC COMMENT ON ITEMS NOT ON THE AGENDA None. Managing Attorney Yatabe suggested switching items two and three as the representative for item two is not yet present. • DISCUSSION AGENDA 1. MINUTES OF MARCH 28, 2024 The purpose of this item is to consider approval of the minutes from the March 28, 2024 regular meeting of the Building Review Commission. Commissioner Dunbar moved to approve the minutes of the March 28, 2024 meeting. Commissioner Roberts seconded. The motion passed 7-0. Building Review Commission City of Fort Collins Page 2 April 25, 2024 2. ALAN PALLAORO, HIGH POINTE HOMES, INC. – NEW LICENSING REQUEST WITHOUT CURRENT EXAM AND PROJECT VERIFICATIONS DESCRIPTION: Mr. Alan Pallaoro of High Pointe Homes, Inc. is requesting a new license and supervisor’s certificate using an ICC testing certificate that is of an older code year than is currently required (accepted) and project verifications that do not meet code requirements. STAFF: Shar Manno, Manager, Customer Support, Community Development & Neighborhood Services Russell Hovland, Supervisor, Plans Examiner (**Secretary’s Note: Commissioner Schneider withdrew from the discussion of this item due to a conflict of interest.) Alan Pallaoro, High Pointe Homes, introduced himself. Vice Chair Richards outlined the hearing procedure. Staff Presentation Manno outlined Mr. Pallaoro’s request for a new license and supervisor’s certificate using an ICC testing certificate that is of an older code year than is currently required and project verifications that do not meet code requirements. She noted Mr. Pallaoro has never held a license or supervisor’s certificate in Fort Collins and she discussed Mr. Pallaoro’s submission of an older exam which covered the 2012 code year and project verifications that did not qualify for the license classification being sought. Manno noted staff requested two additional project verifications be submitted and only one was received; however, it was self-verified which is not allowed per code. Applicant Presentation Mr. Pallaoro stated that while he does not have the project verifications that fit the exact code criteria, he stated he has the competency to do those projects. Additionally, he noted he owned the real estate on which the self-verified project occurred, therefore, there was no one to verify the project aside from himself. He also stated it is difficult to get project verifications if a license cannot be granted to get those verifications. Vice Chair Richards asked Mr. Pallaoro to describe his work. Mr. Pallaoro replied he has been in the hotel renovation business for 22 years and has completed five total renovations as a general contractor, the most recent of which involved taking the building down to studs and rebuilding, moving laundry facilities, and adding a fitness room. He also stated he has done a number of residential remodels and stated he is seeking this license to work on an office building façade renovation. Manno stated the hotel work could be considered for project verification, and given that Mr. Pallaoro is the property owner, that helps with the verification. She asked if any of the hotel projects included structural elements and requested Mr. Pallaoro address the testing issue. Mr. Pallaoro replied he has held a general contractor class A license with Larimer County since 2015, and he did complete the ICC W11 test that year. Vice Chair Richards suggested certificates of occupancy could be used to help with project verification. Manno replied that copies of permits and final passing inspection reports or certificates of occupancy are required. Mr. Pallaoro noted most of the remodeling work is primarily aesthetic, however, a recent project did involve a porte cochere renovation that was structural in nature. City of Fort Collins Page 3 April 25, 2024 Manno stated she believes she can work with Mr. Pallaoro on the project verification; however, the testing remains an issue as updated testing is required for new license requests. Mr. Pallaoro noted he provided letters of recommendation, including one from a structural engineer. Commission Questions/Discussion Commissioner Dunbar asked Mr. Pallaoro if he has any other potential projects in Fort Collins. Mr. Pallaoro replied he does not currently have any other projects lined up other than a potential vestibule project at a restaurant on Harmony. Commissioner Moscrip asked Mr. Pallaoro why he has not taken the current test. Mr. Pallaoro replied he is not against continuing education; however, the test is quite lengthy and he has not gotten to a point where he needed to take it until now. Commissioner Zimmerman asked Mr. Pallaoro if he has been hired to do the façade work or if it is something he is pursuing. Mr. Pallaoro replied it is something he is pursuing pending the outcome of this hearing as he would not be hired without the proper requirements being met. Commissioner Zimmerman asked how long the current test has been the standard for this type of license. Manno replied it has been the requirement for about two and a half years. Vice Chair Richards stated many of the projects mentioned by Mr. Pallaoro appear to be primarily cosmetic. Mr. Pallaoro concurred and stated there are only a few structural elements to the work he has done. Vice Chair Richards asked Mr. Pallaoro about the extent of the residential projects he submitted. Mr. Pallaoro replied he built a home in Gunnison in 2003 which did not require any type of licensure and the second project was a detached shop that was constructed last year. He noted both of those projects involved structural components, but most of the residential projects he has completed have been cosmetic. Commissioner Poncelow asked Mr. Pallaoro if he holds licenses anywhere besides Larimer County. Mr. Pallaoro replied in the negative. Commissioner Poncelow asked if there are any requirements for continuing education or testing after a certain time period. Manno replied a license would hold onto testing indefinitely as long as a license does not expire and there are no continuing education requirements. Commissioner Moscrip asked Mr. Pallaoro how he completed the porte cochere project in Greeley without a license. Mr. Pallaoro replied a license was not required. Vice Chair Richards stated Mr. Pallaoro has demonstrated knowledge, background, and ability to perform the projects; however, he expressed concern that granting this request would set a precedent that licenses would be granted without appropriate requirements being met. He stated it is important for the City to continue to uphold the testing requirement for new licenses and stated he would lean toward denial of the request at this time. Commissioner Moscrip concurred and stated the testing requirement is important. Commissioner Zimmerman agreed. Vice Chair Richards also concurred and stated it seems there is a path forward regarding project verification and Mr. Pallaoro could take the exam while that issue is being sorted. Commissioner Moscrip made a motion, seconded by Commissioner Poncelow, that the Building Review Commission deny the request for a variance to City Code Sections 15- 158(A)(2) and 15-158(C)(1) finding based on agenda materials, information presented, and the discussion on the item, particularly about the licensing, the strict applicant of Section 15- 158(A)(2) and 15-158(C)(1) would not result in peculiar or exceptional practical difficulties to, or exceptional undue hardship on, Mr. Pallaoro, and Mr. Pallaoro failed to demonstrate that City of Fort Collins Page 4 April 25, 2024 he possessed the other qualifications not specifically listed in City Code Chapter 15, Article 5 to perform in a competent manner any construction authorized under the C1 DR license and supervisor certificate. Furthermore, granting this variance would be a substantial detriment to the public good and would impair the intent and purpose of Article 5. THE MOTION PASSED 6-0. 3. MIRANDA CABRERA, AJAX SAFETY AND SECURITY CONTRACTING, INC. LLC - REQUEST FOR VARIANCE TO THE PROJECT VERIFICATION REQUIREMENT FOR A NEW LICENSE AND SUPERVISOR’S CERTIFICATE DESCRIPTION: Miranda Cabrera of AJAX Safety and Security Contracting, Inc. is requesting a new Class C1(DR) license and supervisor’s certificate to be issued without project verifications that will qualify for the license classification. STAFF: Shar Manno, Manager, Customer Support, Community Development & Neighborhood Services Russell Hovland, Supervisor, Plans Examiner Manno requested a continuance of this item to the next meeting pending communication with Miranda Cabrera. Managing Attorney Yatabe outlined the options for the Commission. Vice Chair Richards stated the item would be continued to the next meeting. 4. OFFICER ELECTIONS Managing Attorney Yatabe stated the suggested timing for elections is the meeting following the first meeting with new members, though that is not a requirement. Members concurred to move forward with elections. Managing Attorney Yatabe outlined the election process. Vice Chair Richards stated he would be willing to serve as Chair. Commissioner Moscrip stated he would be willing to serve as Vice Chair. Commissioner Poncelow made a motion, seconded by Commissioner Zimmerman, to elect Richards as Chair and Moscrip as Vice Chair. THE MOTION PASSED 7-0. • COMMISSION TRAINING Managing Attorney Yatabe noted Assistant City Attorney Shehan will be taking over advising for the Commission. Additionally, he discussed open meetings requirements, attorney/client privilege, and conflict of interest issues. He noted the Code specifies that an abstention from a vote counts as a vote in favor of a motion. He also commented on the quasi-judicial information provided to members. • OTHER BUSINESS Vice Chair Richards welcomed new Commissioners Poncelow and Schneider. • ADJOURNMENT City of Fort Collins Page 5 April 25, 2024 Vice Chair Richards adjourned the meeting at 9:54 a.m. Minutes prepared by TriPoint Data and respectfully submitted by David Howell.