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HomeMy WebLinkAboutBuilding Review Commission - MINUTES - 02/27/2025City of Fort Collins Page 1 January 30, 2025 Meeting Minutes January 30, 2025 A regular meeting of the Building Review Commission was held on Thursday, January 30, 2025, 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: Moscrip, Poncelow, Schneider, and Zimmerman ABSENT: Dunbar, Richards, Roberts STAFF: Coldiron, Manno, Howell, and Shehan • PUBLIC COMMENT ON ITEMS NOT ON THE AGENDA None. • DISCUSSION AGENDA 1. MINUTES OF DECEMBER 19, 2024 The purpose of this item is to consider approval of the minutes from the December 19, 2024 regular meeting of the Building Review Commission. Commissioner Poncelow moved to approve the minutes of the December 19, 2024 meeting as written. Commissioner Schneider seconded. The motion passed 4-0. Building Review Commission City of Fort Collins Page 2 January 30, 2025 2. REED BRICKELL, DICK BRICKELL & SONS, INC. – REQUEST FOR A NEW SUPERVISOR’S CERTIFICATE WITHOUT REQUIRED EXAM DESCRIPTION: supervisor’s certificate to be issued without a Council (ICC) testing certificate of the code year required for a new supervisor’s certificate. STAFF: Neighborhood Services Marcus Coldiron, Chief Building Official Vice Chair Moscrip outlined the hearing process. Reed Brickell briefly outlined the history of his retaining wall company and his request for a new Class C1(DR) license and supervisor’s certificate to be issued without a passing ICC testing certificate. He noted two associations that oversee retaining wall regulations do not require or have any testing for retaining wall installation and stated the ICC has little or no education or testing related to retaining wall installation. Mr. Brickell went on to detail the type of specialized licenses he holds for his work in other municipalities and stated he is currently under contract for a job at Union Park. Staff Presentation Shar Manno, Manager, Customer Support, Community Development and Neighborhood Services, stated Dick Brickell & Sons, Inc. is a company that offers small- and large-scale residential and commercial retaining wall installation and noted a full and complete application packet has been received minus the testing for the license. Manno stated the license and supervisor’s certificate required for the types of projects Mr. Brickell would like to complete is the Class C1(DR) due to the height, square footage, and structural nature of the retaining walls, which currently requires a passing G12 ICC testing certificate that covers the 2018 Code year. Manno stated Mr. Brickell has argued the applicable testing covers more than what the company does. Manno stated staff is recommending denial of the request as the applicant has not completed the approved ICC testing as required for the issuance of any supervisor’s certificate. She outlined the applicable standards for a variance. Applicant Presentation (**Secretary’s Note: Mr. Brickell essentially made his presentation in his opening remarks.) Staff Response None. Applicant Response None. Commission Questions/Discussion Commissioner Poncelow asked if restrictions could be placed on the license limiting work allowed to only certain items. Manno replied staff has discussed that option, and based on previous discussions with the City Attorney, it was determined that limiting a license was not something that could be done; however, a variance to the supervisor’s certificate testing could be offered. Mr. Brickell stated he would have no problem with a license restriction either in terms of work allowed or timing. City of Fort Collins Page 3 January 30, 2025 Commissioner Poncelow made a motion, seconded by Commissioner Zimmerman, that the Building Review Commission grant the requested variance to waive the written examination requirement under City Code Section 15-157(c) with respect to Mr. Brickell’s application for a supervisor’s certificate. 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. The strict application of 15-157(c) would result in exceptional or undue hardship on Mr. Brickell because asking him to complete a test on a Code that is not applicable to his profession would cause that undue hardship and Mr. Brickell has demonstrated to the satisfaction of the Commission 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 C1(DR) license and supervisor’s certificate. Commissioner Poncelow stated the business obviously has the qualifications to do the work and noted staff is working to address the licensing issues caused by this type of situation. Commissioner Schneider concurred the applicant is qualified to perform the retaining wall work, but shared concerns that the license allows for the building of structures. Assistant City Attorney Shehan clarified the Commission does have the option to impose conditions on a granted variance. Commissioner Poncelow made a motion, seconded by Commissioner Zimmerman, to amend the motion as follows: that the Building Review Commission grant the requested variance to waive the written examination requirement under City Code Section 15-157(c) with respect to Mr. Brickell’s application for a supervisor’s certificate. This variance is limited to allowing the issuance of a supervisor’s certificate solely for the building of retaining walls that may be built under such license. 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. The strict application of 15-157(c) would result in exceptional or undue hardship on Mr. Brickell because asking him to complete a test on a Code that is not applicable to his profession would cause that undue hardship and Mr. Brickell has demonstrated to the satisfaction of the Commission 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 C1(DR) license and supervisor’s certificate. The motion passed 4-0. • OTHER BUSINESS None. • ADJOURNMENT Vice Chair Moscrip adjourned the meeting at 9:24 a.m. Minutes prepared by TriPoint Data and respectfully submitted by David Howell.