HomeMy WebLinkAboutBuilding Review Board - Minutes - 04/26/1990MEMBERS PRESENT:
BUILDING REVIEW BOARD
April 26, 1990
Minutes
Harry Cornell
Dennis Sinnett
Vincent Guerrie
Chris Allison
Ron Baker
Tony Bontz
Doug Johnson
Charles Cotterman
MEMBERS ABSENT: None
STAFF PRESENT: Felix Lee
Debbie Zeigler
Paul Eckman
The minutes of the March 29,
approved.
1990 meeting were unanimously
Class B applicant, David K. Brinker, Peak Professional Contractors,
Inc., was approved for a license/certificate. Testing will be
waived based on reciprocal testing in Colorado Springs.
Michael Rossi, Rossi Construction, submitted additional references
for the Board's approval. Boardmember Johnson made a motion to
approve the application. The motion was seconded by Boardmember
Allison. Motion carried unanimously.
Warren Jones with Poudre Fire Authority asked the Board to grant
a 90 day continuance on the Prospect Plaza appeal. The owners of
Prospect Plaza have decided to install the alarms. The Board
approved the request.
1988 Code Adoption - Felix explained any plumbing changes proposed
were not in the Board's purview to change. The plumbing code
allows no latitude for local amendment.
Boardmember Cotterman questioned
height requirements were. Mr. Le
1988 UBC, not an amendment. He
mitigation requirements were in
after hearing public input and tt.
withdrawing Chapter 29 (radon
inconclusive, guesswork at best.
where in the amendments the sill
e said they are in the body of the
also questioned where the radon
the newest draft. Mr. Lee said
e Board's concerns he recommended
mitigation) because it was too
Boardmember Bontz made a motion to forward the proposed amendments
to Council for consideration with the exception of Item 30. The
motion was seconded by Boardmember Johnson. Motion passed
unanimously.
BRB Minutes
April 26, 1990
Page 2
Boardmember Johnson made a motion to eliminate Item 30 (reducing
open space in guardrail from 6" to 411). Mr. Johnson felt the
requirement is excessive. Boardmember Cotterman seconded the
motion stating Fort Collins should wait until the Uniform Building
Code requires the guardrail spacing. All members voted in favor
of the motion except Ron Baker, who was opposed to eliminating Item
30.
Appeal #90-01 - Frank Vaught requesting Willow Grove Village, a 72
unit multi -family housing project be granted a variance to the city
of Fort Collins Accessible Housing Guidelines with 3 designated
accessible housing units instead of 10.
Frank Vaught appeared representing Shields Street Corporation. He
said the project consists of two story buildings. Some of the
bedrooms are in an upper level above the second story. There are
thirty-six units on the ground floor. Twenty-eight of those on the
ground floor have the ability to be adaptable. Mr. Vaught said he
and his client feel having 10% of the ground floor accessible is
more reasonable than 10 units which would be 30% of the ground
floor. Mr. Vaught indicated 14% of the population is disabled,
therefore their request for providing accessibility in 10% of the
ground floor units is realistic.
City Attorney Paul Eckman told the Board they will have to consider
two findings; one, is it impractical to comply and is it an unusual
hardship to comply, or are there problems with construction that
make it difficult to comply.
Lori Gehricke, a realtor and member of the Commission on
Disability, said she helps people find accessible properties. When
she first started she quickly found, there is nothing to buy.
There is a big gap between rental properties and custom homes which
seems to be the only options. She has 2 to 3 requests per week for
accessible housing. Condos are really needed.
Nancy Jackson, Executive Director of the Office of Disabled
Resources and Commission on Disability member addressed the Board
stating disabled does not mean low income. The amount of people
becoming disabled increases with the aging process. There are not
enough units available in rental and sale units. She feels the
State law is part of what's being done to make this a city for
everyone to live in.
Frank Vaught said these units are not condos, but rentals and they
propose to make three units totally accessible.
Ron Baker pointed out the law allows flexibility if the requirement
is impractical and an unusual hardship or if the lay of the land
presents a hardship. What he is hearing Mr. Vaught say is it's too
0
BRB Minutes
April 26, 1990
Page 3
many units to require and wouldn't rent like a normal apartment.
Mr. Baker doesn't see the hardship.
Mr. Vaught said the bathrooms need extra room, materials and
doorways to be accessible, plus all door openings have to be made
larger. When you are working with 500 to 600 square feet in an
apartment and trying to make the most of the space, every inch
becomes important.
Boardmember Baker asked if all of the units in Chestnut Village
were occupied and are they occupied by disabled people? Mr. Vaught
said he didn't know. Mr. Baker asked if other units in town are
in demand. Mr. Vaught said if so, contractors would build these
units that are in demand. Mr. Vaught said UBC requirements are
different that the ANSI requirements and the net effect has
increased the number of units over the last five years.
Roy Beauchamp, a member of the Commission on Disability, spoke to
the Board and said he would like to see units made adaptable rather
than totally accessible. This would make it less expensive for the
contractors and the units could be used for all.
Boardmember Cotterman asked what the big disadvantage is of making
the units accessible to the handicapped. He said he had stayed in
motels that were accessible and it didn't bother him. Mr. Vaught
thought motel stays vs. living would make a big difference. He
said 6 to 8 inch reductions of space makes a big difference in a
10 x 11 foot room. Mr. Cotterman asked if it is possible to rent
a handicapped unit to a non -handicapped person. Mr. Vaught said
yes, but adaptable would suffice also. Mr. Bontz said he thought
although it was possible to rent these units, people would choose
them as a second, third and even fourth choice.
Boardmember Guerrie said his concern is that these rules were made
to provide the same opportunities to the disabled community, to
offer them a choice. He felt the standard has been established and
would hate to deviate from that.
Mr. Vaught said in working with other contractors, they had
problems renting the units and after the certificate of occupancy
was issued, they remodeled the units so that they could be rented.
Nancy Jackson named several apartment projects that have waiting
lists for their accessible units. At the Landmark Apartments they
have two units that rent for $400 and leases are renewed yearly so
they are not available. People are desperate for accessible units.
There is a demand.
Boardmember Bontz asked Ms. Jackson if her office could subsidize
the units if there is not a need for them and they sit empty. Ms.
BRB Minutes
April 26, 1990
Page 4
Jackson said no, her office could not do that, but they do keep a
bulletin Board available advertising accessible units. Mr. Bontz
thought if Ms. Jackson was wrong, the developer would be hung out
to dry. He thought specific numbers to support her claims for
accessible units should have been provided.
Boardmember Guerrie asked what the cost difference was between
handicapped units and non -handicapped units. Mr. Vaught said the
cost differential comes from the unit sitting empty.
Boardmember Johnson said a pre -lease agreement could be worked out
with the contractor and wondered why Lori Gehricke or Nancy Jackson
hadn't worked this out for people.
Mr. Vaught said they could probably live with more than three
accessible units.
Boardmember Guerrie made a motion to approve five accessible units
which would be 14% of the ground floor units, which he felt was a
nice compromise. His finding was based on impracticality and the
fact that 1:7 is an unusual hardship. The motion was seconded by
Charles Cotterman.
Boardmember Cotterman agreed with five units thinking that 10 units
was too restrictive and impractical.
Boardmember Johnson voiced disappointment in attending Commission
on Disability members and Frank Vaught for failing to give needed
information. Neither side had proved their point.
Boardmember Bontz said he would not vote in favor of approving five
units. He felt five is impractical and that the developer is being
exposed to unrentable units and that it would complicate
construction.
Boardmember Allison said he would like to stay with the 1:7 ratio
but felt requiring that on the second floor was impractical. if
you use the 1:7 on ground floor units only it equals 5.
Boardmember Sinnett thought 10 was impractical and would cause
undue hardship. He voted for five.
Boardmember Cornell suggested all interested parties prepare
information to support the market, which would benefit the disabled
community.
Chairman Ron Baker said Mr. Vaught did not do a good job of
presenting the variance request, nor did the audience have any
facts and figures to back up their statements. He would like to
see hard statistics
BRB Minutes
April 26, 1990
Page 5
It would make it much easier to make a
decision on. Based on the information given, he will vote for five
accessible units.
Vote - Yeas: Cornell, Sinnett, Guerrie, Baker, Allison, Johnson,
Cotterman. Nays: Bontz.
Felix reminded the Board Council will consider amendments at their
May 15th meeting. Meeting was adjourned.
Respectfully submitted,
Ron Baker, Chairman
Feli� e, Staff Liaison