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HomeMy WebLinkAboutBuilding Review Board - Minutes - 05/28/1998A regular meeting of the Building Review Board was held on Thursday, May 28, 1998, in the CIC Room of the Fort Collins Municipal Building, at 300 LaPorte Avenue, Ft. Collins. BOARD MEMBERS PRESENT: James Brown, Charles Cotterman, Susan Kreul-Froseth and Michael Sutton. BOARD MEMBERS ABSENT: Rudy Hansch STAFF MEMBERS PRESENT: Felix Lee, Building & Zoning Director Paul Eckman, Deputy City Attorney Delynn Coldiron, Staff support to Board AGENDA: 1. ROLL CALL: The meeting was called to order by Chairperson Sutton and roll taken. 2. APPROVAL OF MINUTES: Board Member Cotterman made a motion to approve the Minutes from the April 30, 1998 meeting. Board Member Brown seconded the motion. The motion passed unanimously and the Minutes from the April 30, 1998 meeting were approved as submitted. 3. HEARING: CONTRACTOR LICENSE #D-332, DENNIS STINK, PRO -BUILT HOMES Chairperson Sutton reviewed the procedures that would be used for the hearing. He then askedlelix Lee, Director of Building and Zoning for the City of Fort Collins, to provide an opening statement on behalf of the City. Lee mentioned that Dennis Stinn was contractor of record for Permit #973995 for which a single family dwelling was constructed at 2844 Zirkels Court. A Certificate of Occupancy • • BRB May 28, 1998 Page 2 for such single family dwelling was issued on or about February 5, 1998. In early May, 1998, the Building & Zoning office was contacted by a tenant residing at 2844 Zirkels Court. This tenant indicated that there were two dwelling units at this residence. Subsequent investigation by Zoning staff indicated that there were, in fact, two dwelling units at 2844 Zirkels Court, complete with cooking facilities. Other modifications had also been completed which included the addition of a separate entry to the lower level of the home. Following this investigation, Mr. Stine was sent a notice dated May 19, 1998, from the Building & Zoning Department indicating a violation to Art. 4.3[B][I][c] of the City of Fort Collins Land Use Code, for having constructed a two family dwelling (duplex) in a single family zoned neighborhood. Mr. Stinn's actions also violated Section 15-158(f), items (1) and (6) of the City of Fort Collins Contractor License regulations for the following reasons: (a) willful and deliberate disregard of the applicable zoning ordinance; and (b) not obtaining a permit for the work that was done to alter the residence. Mr. Stine was informed of these violations upon receipt of the License Hearing Notice dated May 19, 1998, which was mailed to him, and was also included in Board Member packets. Next, Dennis Stinn provided his opening statement to the Board. He mentioned that the modifications that were made to the residence in question were not planned. Initially, the basement was finished under permit and set up as an office in accordance with a contract he had on the property. His buyer subsequently withdrew, and he happened upon a tenant who had handicapped children and could not pay much rent. In an effort to provide housing to this tenant, he made necessary modifications to the residence that enabled Mr. Stinn to obtain an additional tenant and, thereby, obtain the additional income necessary to make renting to his first tenant feasible. He mentioned that he is guilty of changing this single-family residence into a duplex, and that he knew it was wrong. He also mentioned that he has since made the necessary modifications to change the residence back to a single-family dwelling. The tenants that were living in the basement have either moved or are in the process of moving and will be out by the end of May. Appliances have been moved out and walls have been removed to restore the home to single-family status. Mr. Stinn has contacted the Building & Zoning Department to have inspections done. However, this inspection had not yet occurred, and these changes had not yet been confirmed. Mr. Stinn mentioned that he enjoys working in Ft. Collins and asked the Board not to revoke his license. At this time, he has three lots in Ft. Collins that need to be finished and Certificates of Occupancy issued. He will then be building in Greeley, but would like to continue to build in Ft. Collins as opportunities arise. Board Member Kreul-Froseth asked Mr. Stinn if he originally constructed the residence. He answered that he had; that it was one of twelve houses he had built on Zirkels Court. He built the home under contract as a single-family ranch with a finished basement. When the contract fell through, he decided to keep the home as a rental. • • BRB May 28, 1998 Page 3 Board Member Kreul-Froseth asked Mr. Stinn how many sleeping rooms were in the basement and whether or not egress windows were included. Mr. Stinn answered that there were two bedrooms, each containing 4' x 4' egress windows. There was some discussion about the partitions that had been built by Mr. Stinn in the kitchen and garage of the residence. He described the placement of the partitions and explained the tenants' access to the basement and the access to the garage from the main level of the home. He reiterated that he knew the modifications he had made to the home were wrong, and again mentioned that the residence had been returned to its initial state. Board Member Brown asked if there were any building code violations at issue in this case. Felix Lee answered that the building had not been inspected for building code violations. The concern was the zoning violation which altered the single family residence into a duplex, and that the work was done without a permit. Board Member Kreul-Froseth asked Mr. Stinn if he had made special arrangements with insurance due to the change from a single family residence to a duplex. Mr. Stine answered that he had not; he had only a regular home insurance policy. Board Member Cotterman asked Mr. Stinn if he had a current contractor's license with the City of Fort Collins and the classification of that license. Mr. Stinn answered that he did have a current license with the City of Fort Collins. Felix Lee mentioned that it was a Class D license. Board Member Cotterman asked Mr. Stinn how long he had been a current contractor with the City. Mr. Stinn answered two years. Board Member Cotterman stated to Mr. Stinn that he should have been fully aware that the modifications that were made to the residence at 2844 Zirkels Court were in violation to City Code. Mr. Stinn said he was fully aware of this, but that he did not set out to build the house with the intention of turning it into a duplex. This situation just evolved. Mr. Stinn was sorry that he had let it happen. Board Member Cotterman emphasized that the City of Fort Collins would be in bad shape if more contractors did this type of thing. Board Member Cotterman asked Mr. Stinn if he was given a deadline to return the residence to its original single family status. Mr. Stinn answered that the deadline date was June 3, 1998. Board Member Cotterman mentioned that he really had no proof that Mr. Stinn had made the necessary changes to return the home to a single family dwelling since an inspection had not yet been done and thought that this might affect any penalties that might be assessed to Mr. Stinn. He mentioned that a penalty might be less severe for a contractor that acted responsibly to correct violations, etc. Board Member Brown asked for clarification on the Board's role as it relates to the zoning violation in question. Felix Lee reviewed Sec. 15-158(f)(1) which gives the board the power to suspend or revoke any license when the board determines that the holder thereof has willfully and deliberately disregarded the building code or any other code adopted by the City related to a specific construction project. • BRB May 28, 1998 Page 4 Chairperson Sutton mentioned that the items in question in this hearing constitute two fairly serious violations. Board Member Kreul-Froseth added that because Mr. Stinn had built a number of homes, prior knowledge of the City's codes, etc., was there. She also mentioned that there may have been problems with the payment of insurance claims if an accident were to have happened since the policy was for a single family home, not a duplex. There was some discussion on Mr. Stinn's three remaining outstanding permits. Mr. Stinn mentioned that the projects are scheduled to be done by the end of June. Board members discussed the various options available to them. Board Member Cotterman made a motion to suspend Mr. Stinn's contractor license privileges in the City of Fort Collins for six months, starting July 1, 1998, with the stipulation that if the changes to bring the residence at 2844 Zirkels Court back to single family status have not been done by the June 3, 1998 deadline, that Mr. Stinn's license (D-332) will be immediately revoked. Board Member Kreul-Froseth seconded the motion. Yeas: Brown, Cotterman, Kreul-Froseth, Sutton Nays: None Felix Lee assured that a timely inspection would be done to allow Mr. Stinn adequate time to make any further changes necessary by the June 3, 1998 deadline. 4. OTHER BUSINESS: Lee mentioned that four applications had been received for Building Review Board membership. Meeting adjourned at 2:15 p.m. Mike Sutton, Chairperson Felix LeOr6ilding & Zoning Director