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HomeMy WebLinkAboutBuilding Review Commission - MINUTES - 07/25/2024City of Fort Collins Page 1 July 25, 2024 Meeting Minutes July 25, 2024 A regular meeting of the Building Review Commission was held on Thursday, July 25, 2024, at 9:00 a.m. in person at 300 Laporte Avenue, Fort Collins, Colorado. • CALL TO ORDER Vice Chair Moscrip called the meeting to order at 9:00 a.m. • ROLL CALL PRESENT: Dunbar, Moscrip, Poncelow, Roberts, Schneider, and Zimmerman ABSENT: Richards STAFF: Coldiron, Manno, Howell, and Shehan • PUBLIC COMMENT ON ITEMS NOT ON THE AGENDA None. • DISCUSSION AGENDA 1. MINUTES OF JUNE 27, 2024 The purpose of this item is to consider approval of the minutes from the June 27, 2024 regular meeting of the Building Review Commission. Commissioner Dunbar moved to approve the minutes of the June 27, 2024 meeting as written. Commissioner Zimmerman seconded. The motion passed 6-0. Building Review Commission City of Fort Collins Page 2 July 25, 2024 2. BARRY HALL, PALMER CONSTRUCTION - REQUEST FOR VARIANCE TO PROJECT VERIFICATIONS REQUIRED FOR A NEW LICENSE AND SUPERVISOR’S CERTIFICATE DESCRIPTION: verification requirement to obtain a license and supervisor’s certificate. STAFF: Neighborhood Services Vice Chair Moscrip outlined the hearing process. Staff Presentation Shar Manno outlined Barry Hall’s request for a variance to the project verification requirement to obtain a new class C1 license and supervisor’s certificate. Mr. Hall supplied two project verifications from projects within the city of Fort Collins on which Paul Brinkman was the principal contractor and supervisor’s certificate holder; however, his application does not satisfy the letter of the Code section and was therefore denied. Mr. Hall is appealing the denial and requesting a variance to the project verification requirement so he can use those projects. Manno stated staff is recommending denial of the appeal to use the two city of Fort Collins projects for verification and she outlined the role of the Commission. Manno noted staff is cognizant of the difficulty the strict application of the Code section imposes on new entrants to the industry; however, Mr. Hall is not new to the industry and it does appear he has significant experience outside Fort Collins that would qualify Mr. Hall for a lower license classification. Applicant Presentation Barry Hall, applicant, discussed his additional education and experience that was not part of the application, including work at The Exchange and The Group office on Harmony. Additionally, he discussed the types of projects Palmer Construction is planning moving forward. Staff Response Manno stated the tenant finish experience provided by Mr. Hall would apply to different license classifications. Applicant Response Mr. Hall stated his experience varies throughout license classifications and he submitted for the C1 as it covers everything. He asked if the C1-DR license would be more appropriate for the types of work he outlined that is planned for Palmer Construction. Manno replied the C1-DR allows for commercial additions and structural changes that need to occur whereas the full C1 license is reserved for ground-up commercial construction. Mr. Hall stated changing his request to a class C1-DR license would be appropriate for his desired work. Manno stated she would then need two project verifications showing the structural scope of work on projects. She also noted Mr. Hall could still apply for a full C1 license with proper verifications. Commission Questions/Discussion Vice Chair Moscrip disclosed that several of the projects on Mr. Hall’s list were designed by his firm, though he was never personally involved, and can be objective in any decisions. Commissioner Schneider asked if the hearing needs to proceed given the discussion around the license type. Manno replied in the negative. City of Fort Collins Page 3 July 25, 2024 Commissioner Schneider recommended postponing the item to a future hearing in case the proper project verifications cannot be provided. Commissioner Zimmerman made a motion, seconded by Commissioner Schneider, to postpone consideration of this item. (**Secretary’s Note: The Commission took a brief recess at this point in the meeting to determine motion wording.) Mr. Hall stated he would be able to provide project verifications in the next couple weeks. Manno suggested the item could be fully dropped rather than postponed, or postponed to the next meeting during which she could report as to whether Mr. Hall has submitted the necessary information. Assistant City Attorney Shehan outlined the Commission’s options. Mr. Hall stated he would work with Manno to provide the required project verification information based on today’s discussion; however, he would like to retain his right to appeal. The motion passed 6-0. 3. JACOB BACA FOR WILLIAM DAVIS AND GREGORY KNAPP, GROUNDWORKS COLORADO, LLC DBA COMPLETE BASEMENT SYSTEMS - REQUEST FOR VARIANCE TO COMPLETE WORK OUTSIDE OF LICENSE LEVEL DESCRIPTION: requesting a variance to the allowable scope of work for the currently held Class D1 license and supervisor’s certificate. STAFF: Neighborhood Services Marcus Coldiron, Chief Building Official Staff Presentation Shar Manno outlined the request for a variance to the allowable scope of work for the currently held class D1 license and supervisor’s certificate which were issued in April of 2023 based on the submitted project verifications and testing at the time. Manno stated Chief Building Official Coldiron and Gregory Knapp had a discussion about a specific permit in May as to whether a hold could be lifted resulting in a permit issuance. Manno discussed the property for which the permit applied noting it is currently operating as a childcare facility, despite being constructed as a single-family residence, and any contractor doing work on that type of facility would need a minimum of a class C1-DR license and supervisor’s certificate. Manno outlined the work that has been requested for the property and discussed the scope of work that would be allowed under the current license. Manno stated staff is recommending approval of a one-time variance to be granted based on Chief Building Official Coldiron’s assessment that the structure was built as a single-family dwelling despite being classified as a childcare facility. Applicant Presentation Jacob Baca, on behalf of Gregory Knapp, stated the structure was built as a single-family home and Groundworks is the most experienced company nationwide to fix the type of structural issues facing the building. Additionally, he stated the company holds commercial licenses in most other counties and cities in which it does work. Staff Response City of Fort Collins Page 4 July 25, 2024 Chief Building Official Coldiron stated the childcare facility is a legal non-conforming use as it was annexed into the City operating as such. He noted the building cannot go through another commercial change of use and could only be converted back to a single-family residence. Applicant Response None. Commission Questions/Discussion Commissioner Zimmerman made a motion, seconded by Commissioner Poncelow, that the Building Review Commission grant the requested variance to the allowable scope of work for a D1 license and supervisor’s certificate under City Code Section 15-160(D) to allow William Davis to install three push piers and six wall anchors on the foundation at 225 East Skyway Drive as shown in the hearing materials. The Commission finds that granting this variance will not be a substantial detriment to the public good or substantially impair the intent and purposes of Chapter 15, Article V, and that William Davis has demonstrated to the satisfaction of the Commission that they possess other qualifications not specifically listed in City Code Chapter 15, Article V which the Commission has determined to qualify them to perform this work in a competent manner the installation of push piers and wall anchors on the foundation of 225 East Skyway Drive. The motion passed 6-0. 4. J. NATHAN EPPERSON, SKOOKUM CRAFTSMANSHIP, LLC – SECONDARY REQUEST FOR A CLASS D1 LICENSE AND SUPERVISOR’S CERTIFICATE BASED ON NEWLY PROVIDED PROJECT VERIFICATIONS DESCRIPTION: Review Commission to allow the issuance of his original request of a Class D1 license and supervisor’s certificate. STAFF: Neighborhood Services Staff Presentation Shar Manno outlined Nathan Epperson’s secondary request for a class D1 license and supervisor’s certificate based on newly provided project verifications. Manno outlined Mr. Epperson's previous request before the Commission and noted the Commission requested he provide lower license classification type project verifications from outside the city of Fort Collins, or submit class D1 project verifications which would require this second hearing. Manno stated staff is recommending denial of the request for a class D1 license and supervisor’s certificate based on the Commission’s conversation and responses to questions from the May 2024 hearing; however, staff recommends approval of a class D1-DR license and supervisor’s certificate which would allow Mr. Epperson the ability to build decks, finish basements, and complete small additions to residential structures based on the experience he was able to speak to. Applicant Presentation Mr. Epperson stated he was hoping to get the highest license level possible and noted it is not necessarily his objective to build houses in Fort Collins, but he wanted the option in case he was approached to build a home. City of Fort Collins Page 5 July 25, 2024 Staff Rebuttal Manno stated the class D1-DR license would allow for structural alterations and additions to single- family residences where as a D2 license would allow for the building of certain detached structures, including garages up to 1,000 square feet. Commission Questions/Discussion Commissioner Roberts stated it seems the class D1-DR license best fits the needs of Mr. Epperson and his company. Commissioner Dunbar asked if the Commission needs to weigh in on the class D1-DR license if the applicant already meets the qualifications for that license class. Assistant City Attorney Shehan noted the Commission does not have the authority to grant a license, but does have the authority to grant a variance to Code requirements for the specific license classifications. Manno stated staff is comfortable granting the class D1-DR license based on the materials submitted by the applicant. Assistant City Attorney Shehan asked if a variance would be necessary to grant the D1-DR license. Manno replied a variance would be necessary as Mr. Epperson appealed her initial decision through licensing for a D1-DR early on. Chief Building Official Coldiron stated Mr. Epperson’s application does not meet the letter of the Code for project verifications for either the D1 or D1-DR license; however, based on the additional information provided, the Commission has the discretion to approve a variance to the project verifications thereby allowing staff to grant a license. Commissioner Schneider asked Mr. Epperson if he would be satisfied with the D1-DR license. Mr. Epperson replied in the affirmative. Chief Building Official Coldiron clarified the previously referenced class D1-DR license is actually D-DR. Commissioner Dunbar made a motion, seconded by Commissioner Zimmerman, that the Building Review Commission deny the requested variance to City Code Section 15- 158(a)(2). The Commission finds that based upon the materials presented and the discussion on this item: the strict application of Section 15-158(a)(2) would NOT result in peculiar or exceptional practical difficulties to or exceptional or undue hardship upon Nathan Epperson and Nathan Epperson failed to demonstrate that they possess other qualifications not specifically listed in City Code Chapter 15, Article V, which qualify them to perform in a competent manner any construction authorized under the Class D1 license and supervisor certificate sought. Furthermore, granting this variance would be a substantial detriment to the public good and would impair the intent and purposes of Article V. The motion passed 6-0. Commissioner Poncelow made a motion, seconded by Commissioner Roberts, that the Building Review Commission grant the requested variance to the project verification requirements to City Code Section 15-158(a)(2) with respect to Nathan Epperson’s application for a class D-DR license and supervisor’s certificate. Granting this variance will not be a substantial detriment to the public good or substantially impair the intent and purposes of Chapter 15, Article V. Nathan Epperson has demonstrated to the satisfaction of the Commission that they possess other qualifications not specifically listed in City Code Chapter 15, Article V, which the Commission has determined qualify them to perform in a competent manner any construction authorized under the class D-DR license and supervisor’s certificate sought. The motion passed 6-0. City of Fort Collins Page 6 July 25, 2024 • OTHER BUSINESS None. • ADJOURNMENT Vice Chair Moscrip adjourned the meeting at 10:10 a.m. Minutes prepared by TriPoint Data and respectfully submitted by David Howell.