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HomeMy WebLinkAboutBuilding Review Board - Minutes - 06/28/2018City of Fort Collins Page 1 June 28, 2018 Alan Cram, Chair City Council Chambers Tim Johnson, Vice Chair City Hall West Brad Massey 300 Laporte Avenue Bernie Marzonie Fort Collins, Colorado Katharine Penning Rick Reider Staff Liaison: Justin Robinson Russ Hovland Chief Building Official The City of Fort Collins will make reasonable accommodations for access to City services, programs, and activities and will make special communication arrangements for persons with disabilities. Please call 221-6515 (TDD 224-6001) for assistance. Regular Meeting Minutes June 28, 2018 A regular meeting of the Building Review Board was held on Thursday, June 28, 2018, at 1:00 p.m. in the Council Chambers of the Fort Collins Municipal Building at 300 Laporte Avenue, Fort Collins, Colorado. • CALL TO ORDER Chair Cram called the meeting to order at 1:10 p.m. • ROLL CALL PRESENT: Cram, Johnson, Massey, Marzonie, Penning, Robinson, Reider ABSENT: None (Reider arrived after the roll call.) STAFF: Hovland, Van Hall, Schiager, Gerber • PUBLIC COMMENT ON ITEMS NOT ON THE AGENDA None. • DISCUSSION AGENDA 1. CONSIDERATION AND APPROVAL OF THE MINUTES OF THE MARCH 28, 2018 MEETING. Marzonie moved to approve the minutes of the March 28, 2018 meeting. Penning seconded. The motion passed 5:0, with Cram abstaining due to not being present at that meeting. Building Review Board City of Fort Collins Page 2 June 28, 2018 Chair Cram explained the Appeal Process, Order of Proceedings and the role of the Board. 2. RUCKER HILL APPEAL OF D-1 GC LICENSE DENIAL DESCRIPTION: Mr. Hill, the Appellant, is requesting a temporary D-1 license so that he may build 2 new houses giving him the required 3 projects to achieve a permanent D-1 license. Staff Presentation Mr. Hovland presented the staff report. He reviewed the history of the case, the request of the Appellant, the relevant Municipal Code Section, and explained his recommendation for denial. Appellant and Parties-in-Interest in Support of Appeal Arguments Mr. Hill stated that he is seeking a variance to obtain a temporary D-1 license to enable him to complete the construction of a home in order to meet the requirements for the D-1 license. He discussed some of his experience and qualifications, stating that he has a business degree, designed model homes in Texas, and worked for a custom home builder in Texas. He has had a D-2 license in Fort Collines for three years. He explained his wife’s role in their business. He talked about his company, the volume of business they have booked, and his need to support his family. Chair Cram asked the Appellant to focus his comments on the issue at hand, which is that he has not met the requirements for a D-1 license. Mr. Hill explained why he shared the information about his company and experience. He said that the previous Chief Building Official, Mike Gebo, had allowed him to build a home on Mountain, and had given his approval of the path they proposed to meet the D-1 license requirements. Staff Questions of Appellant Mr. Hovland asked if he had any documentation reflecting the decision of the previous Chief Building Official. Mr. Hill said he had showed the Mr. Gebo examples of his work. Mr. Hovland explained why he believes Mr. Hill needs additional training for new home construction. He said Mr. Hill had failed inspections, held an open house in a home that had not yet received a Certificate of Occupancy (CO), and his license had expired more than once, indicating a lack of record keeping. Appellant Rebuttal Mr. Hill declined to provide an explanation for the items Mr. Hovland mentioned. Mr. Hill said he will always be learning and assured the Board that he would improve. Staff Rebuttal Mr. Hovland had no additional information. Board Questions of Staff and Parties-in-Interest Mr. Marzonie asked Mr. Hovland for clarification of the requirements for the D-1 license. Mr. Hovland stated the contractor must have three project verifications, proof of insurance, and must pass the test. He said Mr. Hill needed the two more project verifications. Mr. Hovland explained that often this requirement is met by doing homeowner builds, which are allowed every two years. Ms. Penning asked if it was possible for a homeowner to pull the permit. Mr. Hovland said they can pull their own permit, but if a homeowner hires someone to build a home, it must be a licensed contractor. Mr. Massey asked whether Mr. Hill had done any projects with his D-2 license that might be equivalent to the required new builds. Mr. Hill talked about an addition on Skyline and a project on Mohawk, explaining the scope of work for those jobs. Mr. Massey asked about the construction values of those jobs. Mr. Hill reported that the Mohawk job was $175K, and the Skyline job was approximately $200K. Ms. Hill talked about their upcoming projects. Mr. Massey said the Board needs to know about any projects that are comparable to new builds, or equivalent training, to consider in lieu of the requirements. Mr. Hill talked about what he observed as a realtor and Ms. Hill expressed confidence in their ability to handle new builds. City of Fort Collins Page 3 June 28, 2018 Mr. Massey asked if Mr. Hill does the work himself or subs out the work. Mr. Hill said he subs almost everything to licensed contractors. Ms. Penning asked if Mr. Hill had tried to find a GC to oversee his work. Mr. Hill said he had talked to other contractors. Ms. Hill talked about the complications of Mr. Hill being on someone else’s payroll or putting a GC on theirs. Mr. Robinson asked how many total new builds he had completed in Texas and Fort Collins. Mr. Hill said they had no full new builds in Texas. Mr. Hill talked about the build on Mountain, comparing the major additions to a new build. Mr. Reider disclosed that he had met Mr. Hill on two occasions and had spoken to him on the phone, but that doesn’t influence his decision. Mr. Reider confirmed with Mr. Hovland that Mr. Hill can continue doing remodels with his D-2 license. He asked if there was anything in the regulations to prohibit Mr. Hill from hiring a General Contractor himself. Mr. Hovland said he must be directly supervised as a supervisor on a new build. Mr. Reider asked if the code specified that Mr. Hill would specifically have to be an employee on the payroll of a D-1 GC. Mr. Reider asked about the possibility of a contractual arrangement with a GC without having to be an employee. Shar Gerber, City Contractor Licensing Agent, referenced Code Sections 15-156 and 15-157 which specify that the Appellant would have to be an employee of the GC. She mentioned that another alternative is to do a new build in another jurisdiction. Mr. Hovland also pointed out that doing a homeowner build in another path to meeting the requirements. Mr. Johnson asked about how code is interpreted for remodels vs. new builds. Mr. Hovland briefly explained those differences. Appellant Closing Comments Mr. Hill said he would rather be held to the Fort Collins standards and do that learning here. He stated he would be willing to have a mentor with a D-1 license, rather than being an employee. He has a General Contractor in mind who he could ask. Staff Closing Comments None Board Discussion Board members explored the options for Mr. Hill to meet the requirements. They discussed the possibility of Mr. Hill working with a mentor, but not as an employee. Other ideas were allowing Mr. Hill to do one new build, and then having him come back to ask for a third or pursuing homeowner builds. Mr. Reider inquired as to whether the Board has the option to allow the mentor arrangement. Mr. Van Hall said the Board could add a condition with a modification to their motion. Mr. Reider asked Mr. Hovland whether such an arrangement would create a problem for him. Mr. Hovland stated he would want verification that the license holder was on site with some regularity to provide supervision. Mr. Johnson said he would be concerned about having the building inspectors make more visits to confirm the presence of the licensee. Mr. Van Hall said he would need to talk with Mr. Hovland to see whether Staff is equipped to enforce such an arrangement. Chair Cram said he was concerned about setting a precedent. Mr. Robinson agreed with Chair Cram that this might open a can of worms. Mr. Johnson said there is a reason for the requirements in the Code and does not believe Board should dictate how that works. The Board discussed crafting a motion. Mr. Johnson feels like the avenue exists, but the details should be up to the City. Chair Cram wondered how they could monitor the presence of the supervisor on site. Ms. Penning proposed that the Board could allow Mr. Hill to do one new build, and then he could do a homeowner build on the lot they own to get the other one he needs. Chair Cram suggested Mr. Hill could do two homeowner builds in four years, while simultaneously working on additions and remodels for income. Mr. Reider asked whether it was required to live in the home, and Mr. Hovland said Staff doesn't track that. The Board discussed the time it would take to accomplish the homeowner builds. Mr. Massey noted that in that past the Board has approved a variance if an Appellant had two new builds and some other experience or education, but in this case, he does not believe Mr. Hill is close enough to meeting the requirements. Chair Cram said they've laid out some alternatives, but he would not want to dictate the path in a motion. If they deny the Appellant's request, he could come back for another appeal after completing one more new build. Mr. Hovland said if they have two new builds that were successfully completed, he may approve a third administratively, as Mr. Gebo had done in the past. Motion Mr. Marzonie moved to deny the variance because it does not meet the requirements of Section 15-156 under the City Code. Mr. Robinson seconded. The motion passed 7:0. • OTHER BUSINESS Chair Cram asked Mr. Hovland about the status of reviewing the new code. Mr. Hovland said the Committee would begin July 11, and invitations to the participants will be sent soon. He also said that there may not be a lot of amendments. He gave an overview of the schedule for the adoption of the amendments for the 2018 codes. Mr. Hovland mentioned that they had adopted the 2006 Property Maintenance Code and had administratively kept Chapter 34 out of the 2012 IBC. His goal is to accept the entire set of 2018 codes. Mr. Reider apologized for being late. Mr. Hovland asked other Board members to let him know if they want to volunteer for the committee. • ADJOURNMENT Chair Cram adjourned the meeting at 3:06 p.m. -·---···---··---·--·------..- .. ·--·-·-··-···--··---·-··--··--··-· .. -·-··-----·-··-- Minutes respectfully submitted by Gretchen Schiager. --·-··----·-----.-·--··----------------·-·--·-· Minutes approved by a vote of the Board on 'RussetlHovlanc, ~~ Chief Building Official City of Fort Collins Page 4 June 28, 2018