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HomeMy WebLinkAboutBuilding Review Board - Minutes - 10/27/1994• 0 BUILDING REVIEW BOARD October 27, 1994 Minutes The Building Review Board was called to order by Chairman Mike Sutton. Members present: Sutton, Cornell, Cotterman, Goldrich. Members absent: Kruel-Froseth, Hansch. Staff present: Felix Lee Ann Chantler Paul Eckman Mike Gebo Staff Liaison: Felix Lee Council Liaison: Ann Azari William Coulson appeared before the Board appealing code section: 3103(a)8. Affected Property: 221 Mathews, Spring Creek , St, Vrain Platte Mr. Coulson stated he was appealing the local code, but said he would meet the National codes. He stated it would be difficult to market his units if he had to meet the handicap ratio code. He stated there was no federal monies in this project. He presented to the Board a story board stating he would also meet all landscaping and parking requirements. Zach Wilson, attorney for Mr. Coulson appeared before the Board. He stated there were several reasons to make this project work. He stated the national code stated only one per seven units needed to be accessible. The project has 28 units, 13 each 3 bedroom units, 2 each 2 bedroom units, and 13 each 1 bedroom units. Only the one bedroom units would be accessible. He stated the Building Department denied the project as is because the accessible units won't have the same features as the non -accessible units. Felix Lee referred to the 1991 Uniform Building Code Sec. 2103(a)8. He stated the project consists of 4 plexes and are required to be accessible. He stated the local amendment states the same ratio for accessible units as the non -accessible units shall have the same number of bedrooms and other features. He stated the Fair Housing Act regulates 4-plexes. He also stated the local code M Building Review Board October 27, 1994 Page 2 applies and about half the units would have to be accessible. Board member Cotterman stated that disabled people need choices, and the project is presented, no disabled person could live in a two or three bedroom unit. Mr. Coulson stated he had conversations with Nancy Jackson of Disabled Resource Services, and with Rusty Collins at Neighbor to Neighbor and they both stated very few disabled people could afford this kind of condo. Mike Gebo, the Building Department, stated the project has all one bedroom units accessible and not the two and three bedroom units, and there needs to be a mix. He added that all the two and three bedroom units have garages, not the one bedroom units. He stated a ratio of the project needs to be accessible, and the project violates the local amendment. Attorney Zach Wilson asked the Board if this project was looked at as 28 units for the entire project, or was each building (4-plex) looked at separately. Board chairman Sutton stated this project has 15 accessible units all one bedroom, 13 units, two and three bedroom units are not. Board member Meleski stated this is a case of interpreting the code. The Board discussed possibilities of making the 2nd floor accessible and/or moving one bedroom units around. Mr. Coulson stated that in five units out of 13 units, a wheelchair can be rolled right in the front door. He asked that the 1:7 code be used. Board member Meleski asked Mr. Coulson if he was planning to make all ground floor units accessible. Mr. Coulson stated he was. Board chairman Sutton stated he understood that none of the upper floors were accessible, and none were being required to be, because dwelling units in Group R, division 1, apartment buildings which are located on floors other than the primary entry level, when no elevator is provided, are an exception to accessibility. Mr. Coulson stated if a disabled person wanted a 2nd floor unit, he would build what was needed to make it accessible. Mr. Paul Eckman stated the Board could look at the decision Felix has made to see if that decision is erroneous or not. He advised the Board to look for a hardship. Ci Building Review Board October 27, 1994 Page 3 Board chairman Sutton stated the Board needs to examine if Felix was in error when interpreting the code. Paul Eckman stated the Board needs to look at non -accessible units vs accessible units to get the ratio. Board member Cotterman stated it should be the entire project, not "the other units". Mr, Coulson said it was not possible to rearrange this project to have 1,2, 3 bedrooms on the main floor. Board chairman Sutton stated finances cannot be a hardship, Mr. Coulson could redesign the project to fit on the site and still make it marketable. Mr. Sutton said he was voting against this appeal. He felt the amendment was vague, it should be the entire project, and if this Board denied this appeal, he suggested Mr. Coulson go to City Council. Attorney Zach Wilson stated the location could be a hardship because most affordable housing is presently on the fringe of town, this location would be more cebtal. This project would also provide 13 one bedroom units for the disabled population. Board member Cotterman stated that was true, but only one bedroom units would be available for the disabled population. He stated this Board needed to find a hardship, not design or economic consideration. Mr. Coulson stated no matter what he could do to re -design, he would have to split the entire project to reach a ratio for accessible units. Mr. Lee stated disabled people need a choice with regard to a place to live. Final Statements: Mr. Coulson stated he felt the City Council never intended to decrease affordable accessible housing and if this project cannot be built, then 13 accessible high quality affordable units will not be available Board member Goldrich stated several years ago, this property had another project proposed on it. He felt that if this project were tri-plexes, Mr. Coulson would not be before this board. Goldrich would vote against the appeal, and would like to see this project built in the city. t Building Review Board October 28, 1995 Page 4 Board member Cotterman moved to deny this appeal. Board member Cornell seconded the motion. Yeas: Cotterman, Sutton. Nayes: Cornell, Melenski, Goldrich. The motion was defeated. Mr. Coulson agreed to work with Felix Lee and attempt to resolve the issue. Board member Goldrich moved to table this appeal until the next Board meeting. Board member Cornell seconded the motion. Yeas: Cotterman, Cornell, Sutton, Melenski, Goldrich. The motion passed.