Loading...
HomeMy WebLinkAboutBuilding Review Commission - MINUTES - 05/30/2024 City of Fort Collins Page 1 May 30, 2024 Eric Richards, Chair Council Chambers Shaun Moscrip, Vice Chair 300 Laporte Avenue, Fort Collins Gabe Dunbar Bob Poncelow Casey Roberts Staff Liaison: Jeffrey Schneider Marcus Coldiron Ronnie Zimmerman Chief Building Official Meeting Minutes May 30, 2024 A regular meeting of the Building Review Commission was held on Thursday, May 30, 2024, at 9:00 a.m. in person at 300 Laporte Avenue, Fort Collins, Colorado.  CALL TO ORDER Chair Richards called the meeting to order at 9:00 a.m.  ROLL CALL PRESENT: Dunbar, Moscrip, Poncelow, Richards, Roberts, Schneider, and Zimmerman ABSENT: None STAFF: Coldiron, Manno, Howell, and Shehan  PUBLIC COMMENT ON ITEMS NOT ON THE AGENDA None.  DISCUSSION AGENDA 1. MINUTES OF APRIL 25, 2024 The purpose of this item is to consider approval of the minutes from the April 25, 2024 regular meeting of the Building Review Commission. Chair Richards made a name correction to the April 25, 2024 minutes. Commissioner Poncelow moved to approve the minutes of the April 25, 2024 meeting as amended. Commissioner Dunbar seconded. The motion passed 7-0. Building Review Commission City of Fort Collins Page 2 May 30, 2024 2. NATHAN EPPERSON, SKOOKUM CRAFTSMANSHIP, LLC - REQUEST FOR VARIANCE TO THE PROJECT VERIFICATION REQUIREMENT FOR A NEW LICENSE AND SUPERVISOR’S CERTIFICATE DESCRIPTION: Mr. Nathan Epperson of Skookum Craftsmanship, LLC is requesting a variance to the project verification requirement to obtain a Class D1 license and supervisor’s certificate. STAFF: Shar Manno, Manager, Customer Support, Community Development & Neighborhood Services Marcus Coldiron, Chief Building Official Nathan Epperson introduced himself. Chair Richards outlined the hearing process. Staff Presentation Manno stated Mr. Epperson is requesting a variance to the project verifications for a new license and supervisor’s certificate. Manno outlined Mr. Epperson's denied license request which included project verifications for projects located in Fort Collins with Kevin Dewlen of FR Development listed as the principal contractor and supervisor’s certificate holder for the permits. Manno stated the nature of Mr. Epperson’s association with Mr. Dewlen and the details of these projects remain unclear. Additionally, Mr. Dewlen’s company’s lack of worker’s compensation coverage and the absence of recorded employees for FR Development is particularly concerning. Manno noted the Code’s project verification requirement cannot be filled by relying on projects that were completed within the city of Fort Collins as the license and supervisor’s certificate themselves are required to serve as a contractor or project supervisor. Manno stated the staff recommendation is for denial of the request given the lack of evidence showing experience for the license and supervisor’s certificate classification being requested. Manno outlined the role of the Commission and discussed what members should consider in this case. Additionally, Manno discussed Mr. Dewlen’s history and noted the supervisor’s certificate for Mr. Dewlen expired on June 24, 2023. Applicant Presentation Mr. Epperson stated he has been in the residential construction industry for most of his adult life and discussed his work experience for FR Development from 2013 until 2022. He stated he believed he followed the instructions for the licensing process properly and noted he passed the G13 exam and got a residential inspector certification. He stated his purpose in applying for this license is to build decks, finish basements, complete small additions, and to have the ability to possibly build a custom home or spec home. Staff Response Manno stated Mr. Epperson could be placed into a license classification that may be better suited to his needs at this time; however, a license cannot be issued based on what Mr. Epperson would like to do in the future with the information provided. Applicant Response Mr. Epperson stated he has worked in Fort Collins his entire life and commented on the Code requirement for project management outside the city. He stated he went back to the earlier projects under Mr. Dewlen as he is a respected contractor in the city. Additionally, Mr. Epperson stated his qualifications are well suited to carry a D1 license. City of Fort Collins Page 3 May 30, 2024 Commission Questions/Discussion Commissioner Dunbar asked Mr. Epperson to describe his daily responsibilities as a supervisor on the projects he submitted. Mr. Epperson replied he poured footings, measured for support beams, doublechecked framing, oversaw HVAC contractors, laid out cabinets for the trim contractor, and made punch lists as appropriate to ensure things were complete for the homeowners. Commissioner Zimmerman requested Mr. Epperson elaborate on why he provided project verifications from ten plus years ago and asked why FR Development has stated it never had any employees. Manno replied the company stated it did not have any employees and noted there is a requirement to provide a worker’s compensation policy if a company does have employees. Mr. Epperson stated he chose the projects he did as he has a good relationship with Mr. Dewlen, who is a respected contractor in the community. He stated he did not use later FR Development projects as he did not leave the company on the best terms in 2022. Commissioner Schneider asked Mr. Epperson about his experience with projects prior to permits being issued in terms of design, budget, and planning. Mr. Epperson replied he was not especially involved in the planning phase of the projects he submitted, though he feels he has more experience in that area now. Commissioner Poncelow asked Mr. Epperson to provide information as to what types of projects he was doing between 2015 and 2022. Mr. Epperson replied he was still working with FR Development at that time and was doing miscellaneous improvements on properties owned by the company when development slowed. He stated he then worked for the City of Fort Collins for a time and now does small home improvements that do not require a license. Chair Richards asked Mr. Epperson if he was aware FR Development was not claiming employees. Mr. Epperson replied in the negative and stated he was hired by the company as an employee in 2014 after being a subcontractor. Commissioner Dunbar asked Mr. Epperson if he has acted as supervisor on any projects since 2014. Mr. Epperson replied he was heavily involved in several projects but was not necessarily the primary project manager on those. He stated he was the primary supervisor on an addition project on Cherokee in 2018. Commissioner Dunbar noted the Commission has previously granted variances for using projects within the city of Fort Collins for project verification; however, they are usually more recent. Mr. Epperson stated he would need to do some research to determine those addresses. Commissioner Dunbar asked if Mr. Epperson would need to come back before the Commission if he were to revise his application to include newer project verifications within Fort Collins. Manno replied in the affirmative noting it still may be difficult to determine whether he is eligible for the D1 license depending on the extent of the projects. Manno concurred that the Commission has previously granted variances for projects in Fort Collins; however, the circumstances have varied. Commissioner Roberts requested more detail on Mr. Epperson’s work in a supervisor’s role after the projects that were provided were completed. Mr. Epperson replied he continued to do the same type of work for FR Development after Mr. Dewlen left the company; however, those projects were under different supervisors’ licenses. He stated he was essentially a site superintendent on most of the projects on which he worked. Commissioner Zimmerman stated he does not feel comfortable granting a variance with the provided information and suggested Mr. Epperson resubmit for a license based on more recent work. He also suggested a D2 license may be more appropriate. Commissioner Schneider asked Mr. Epperson if he has any licenses with any other jurisdictions or municipalities. Mr. Epperson replied in the negative. Commissioner Dunbar concurred with Commissioner Zimmerman. City of Fort Collins Page 4 May 30, 2024 Commissioner Roberts encouraged Mr. Epperson to consider submitting projects that were not completed within Fort Collins. Commissioner Poncelow also concurred and suggested Mr. Epperson take some time to further review the work he did on the projects. Commissioner Roberts made a motion, seconded by Commissioner Dunbar, that the Building Review Commission deny the request for a variance to City Code Section 15-158(A)(2) finding based on agenda materials, information presented, and the discussion on the item, and the strict application of the Code, would not result in peculiar or exceptional practical difficulties to, or exceptional undue hardship on, Mr. Epperson, and Mr. Epperson failed to demonstrate that he possessed the other qualifications not specifically listed in City Code Chapter 15, Article to perform in a competent manner any construction authorized under the class D1 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. Additionally, the Commission suggests that Mr. Epperson review more current work and provide more detail on those projects in a future license application. Commissioner Moscrip questioned whether the Commission would rather postpone a decision to allow for Mr. Epperson to gather more information instead of having to resubmit resulting in additional fees. Manno replied a new application and fee would not be required, just new project verifications. Chair Richards asked if the City places more weight on license holders who are in good standing adequately licensed within the city for project verifications. Manno replied in the negative and stated it would be the same process regardless. Chair Richards noted this decision is appealable to Council. THE MOTION PASSED 7-0. (Secretary’s Note: The Commission took a brief recess at this point in the meeting.) 3. MICHAEL PATE, AMAROK FOR MIRANDA CABRERA, AJAX SAFETY AND SECURITY CONTRACTING, INC. - 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 Marcus Coldiron, Chief Building Official Michael Pate introduced himself. Chair Richards outlined the hearing process. Staff Presentation Manno noted this application was originally submitted by Miranda Cabrera of Ajax Safety and Security Contracting requesting that a class C1(DR) license and supervisor’s certificate be issued without project verifications that qualify for the license classification. Manno noted Ajax offers commercial battery-charged electric security fence installation and the company has been contracted to install a commercial electric fence taller than 6 feet in height. Manno stated staff feels the license classification being sought falls far above what the company does and can qualify for; City of Fort Collins Page 5 May 30, 2024 however, there are no other licensing classifications that are suitable and due to the structural aspects of the project, this licensing classification is necessary. Manno noted Mr. Pate is appealing the denial of the initial application and is requesting a variance from the project verification requirement. Manno stated staff is recommending a variance of some type, either a one-time permit, a 30-day temporary permit, or something similar, and outlined the items for the Commission to consider. Applicant Presentation Mr. Pate stated Amarok is a security company that builds perimeter security systems, which he described. He noted Ajax is an installation company that Amarok has worked with throughout Colorado. Staff Response Manno stated limiting a license for these types of companies has worked in the past and noted staff does not have the ability to do that without Commission approval. Marcus Coldiron, Chief Building Official, stated the Code does not currently provide for a ‘catch-all’ license or the administrative ability to limit a license for these types of niche projects. Commission Questions/Discussion Chair Richards asked if there are multiple projects in Fort Collins the company is seeking to construct. Mr. Pate replied there is only one currently, though there may be more in the future. Commissioner Moscrip noted the Commission has run across this issue a few times for niche projects and expressed support for granting a license limited to fencing, not just for a single project. Commissioner Dunbar asked how Ajax is affiliated with Amarok. Mr. Pate replied Ajax is one of many third-party installers hired by Amarok allowing it to not have to hold licenses in every jurisdiction in which it works. Commissioner Dunbar clarified the variance would then be granted to Ajax. Commissioner Moscrip asked why Miranda Cabrera is not present representing Ajax. Mr. Pate replied he did not believe she needed to attend as he is present. Manno also noted staff was aware she would not be present. Commissioner Zimmerman made a motion, seconded by Commissioner Dunbar, that the Building Review Commission grant the requested variance to the prior project requirements under City Code Section 15-158(A)(2), 15-159(A)(6), and 15-160(A)(6) with respect to Ms. Cabrera’s application for a class C1 DR license and supervisor’s certificate. This variance is limited to allowing the issuance of a class C1 DR license solely for the installation of electric security fences that may be installed under such license. The Commission finds that granting the variance will not be a substantial detriment to the public good or substantially impair the intent and purposes of Chapter 15, Article 5, and the strict application of these Code sections would result in peculiar or exceptional practical difficulties for Ms. Cabrera because of the limited scope of the work that is being done and the inability of the Commission under current licensing categories to address these niche cases. THE MOTION PASSED 7-0.  OTHER BUSINESS Adam Hirschhorn stated he is working to craft a resilience policy for the City and asked the Commission if there are any new construction materials about which members are excited and whether there are any innovative modes of construction the Commission would like to see included. He provided his contact information for the members. City of Fort Collins Page 6 May 30, 2024  ADJOURNMENT Chair Richards adjourned the meeting at 10:17 a.m. Minutes prepared by TriPoint Data and respectfully submitted by David Howell.