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HomeMy WebLinkAboutBuilding Review Board - Minutes - 02/27/2020City of Fort Collins Page 1 February 27, 2020 Alan Cram, Chair City Council Chambers Tim Johnson, Vice Chair City Hall West Brad Massey 300 Laporte Avenue Katharine Penning Fort Collins, Colorado Eric Richards Justin Robinson Staff Liaison: Mark Teplitsky Rich Anderson 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. Meeting Minutes February 27, 2020 A regular meeting of the Building Review Board was held on Thursday, February 27, 2020, at 9:00 a.m.. in the Council Chambers of the Fort Collins Municipal Building at 300 Laporte Avenue, Fort Collins, Colorado. • CALL TO ORDER Vice Chair Johnson called the meeting to order at 9:00 a.m. • ROLL CALL PRESENT: Johnson, Massey, Richards, Robinson, Teplitsky ABSENT: Cram, Penning STAFF: Anderson, Hovland, Havelda, Schiager • PUBLIC COMMENT ON ITEMS NOT ON THE AGENDA None. • DISCUSSION AGENDA 1. INTRODUCTION OF NEW CHIEF BUILDING OFFICIAL AND ASSISTANT CITY ATTORNEY Russ Hovland, former Chief Building Official (CBO), introduced his successor, Rich Anderson, as well as the new Assistant City Attorney assigned to support the Board, Claire Havelda. The Board members each introduced themselves. Building Review Board City of Fort Collins Page 2 February 27, 2020 2. CONSIDERATION AND APPROVAL OF THE MINUTES OF THE OCTOBER 31, 2019 MEETING. Mr. Robinson moved to approve the minutes of the October 31, 2019 meeting. Mr. Massey seconded. The motion passed unanimously. 3. DAVID KAPLAN APPEAL DESCRIPTION: David Kaplan is appealing the CBO’s denial of his request to upgrade from a D2 license to a D1 license level or to approve a permit with his D2 license to build an addition larger than 1000 square feet to a single-family house. Staff: Rich Anderson, Chief Building Official; Russ Hovland, Senior Plans Examiner Staff Presentation Mr. Hovland presented the staff report, explaining the background for the appellant’s request and stating his recommendation to allow a one-time permit to construct the addition based on Mr. Kaplan’s experience and knowledge. Appellant Arguments Mr. Kaplan spoke to the Board. He described his experience. He stated that he has licenses in Boulder and other counties that allow him to build additions of this size. He explained why he did not have the required three projects within the City to qualify for the D1 license. Board Questions of Staff and Appellant Mr. Richards asked for more detail about the projects he has completed. Mr. Kaplan discussed a Red Feather Meadows project and shared about the training he has completed. Mr. Robinson asked Staff to clarify the requirements to upgrade to a D1. Mr. Hovland described the requirements. Mr. Teplitsky asked about risks with connecting to the house. Mr. Kaplan described exploratory digging and consulting with the engineer. He discussed tying the addition to the existing roof and explained the need to demolish the existing chimney. He stated the existing roof structure is adequate to support the addition. Mr. Massey asked what additional unique experience he has that would qualify him for the D1 license. Mr. Kaplan said he studied architecture and has been involved in over 500 projects on both the design and construction side. He mentioned his experience with heavy timber. He stated he has been a project manager and noted his commitment to sustainable building practices. He talked about his experience working with the trades and his experience in Boulder. Mr. Kaplan mentioned he had worked with the firms where Mr. Massey & Mr. Richards work. It was clarified that neither member has a personal or financial relationship with Mr. Kaplan and that the parties simply worked for the same employer. Upon hearing testimony from both Mr. Kaplan and the board members, Ms. Havelda stated that she did not believe a conflict of interest existed. Neither board member felt there was any bias presented by the situation and neither chose to recuse. Mr. Massey explained he was not concerned about the square footage but was more concerned about the fire separation walls. Mr. Kaplan mentioned similar experience with commercial projects but acknowledged he did not have a lot of experience with fire separation walls. He stated his experience with design and attention to detail would enable him to figure it out. Mr. Teplitsky asked if he were granted this one-time permit whether that would affect any of his other work. Mr. Kaplan stated it would not, but he would like the opportunity to expand and build single-family homes. Acting Chair Johnson asked how many projects would be required to get the D1 license. Mr. Hovland responded that the requirement is three projects. Mr. Robinson asked how many projects Mr. Kaplan had completed. Mr. Kaplan responded that a current project outside the City would give him a second. City of Fort Collins Page 3 February 27, 2020 Mr. Richards asked about Larimer County requirements versus City of Fort Collins requirements. Mr. Hovland said the City is one of the most restrictive jurisdictions in the area and that Larimer County has more lenient requirements. Ms. Manno, Manager of the City’s contractor licensing program, explained more about how the County’s licensing requirements differ from the City’s. Mr. Kaplan explained that his Larimer County license enables him to build single-family homes, but he was uncertain about duplexes. He stated his County license is similar to the City’s D1 license. Public Comment Ann-Marie Phalen-Hartman, owner of 2436 Farghee Ct., spoke about working with Mr. Kaplan and expressed her interest in working with him based on their comfort level with his abilities. She stated that the size of the addition they need is due to wheelchair accessibility. Board Questions and Discussion Mr. Richards mentioned that in the past they have used a mentoring arrangement, but Mr. Kaplan seems to be well-qualified. He said he would be likely to support a motion to allow an upgrade to the D1 license. Mr. Massey said he was leaning toward allowing the full upgrade to the D1. Acting Chair Johnson pointed out that Mr. Kaplan’s current project does not yet have a Certificate of Occupancy and stated he would prefer the one-time exemption. Mr. Robinson agreed, expressing concern about the fire barrier requirements and ADA compliance. Mr. Massey said Mr. Kaplan only needs one more single-family to qualify for a license upgrade and added that this significant addition is similar to doing a new build. Mr. Teplitsky stated he was more comfortable with the one-time permit. Mr. Massey suggested Mr. Kaplan could complete this one-time permit to fulfill the required projects for the upgrade. Mr. Hovland clarified that a one-time permit for this addition would not give him the experience for the D1, as it would be another D2 project. Ms. Havelda noted that Mr. Richards had made a motion. Mr. Richards withdrew the motion. Acting Chair Johnson asked for clarification about the Board’s jurisdiction. Ms. Havelda explained the Board’s options. Mr. Massey suggested approving a one-time exemption today. If the project is successfully completed, and the Certificate of Occupancy is issued, then this project combined with Mr. Kaplan’s architecture degree and prior experience would demonstrate that he was qualified for a D1 license without going back to the Board. {Secretary’s Note: The Board took a short break to allow Ms. Havelda to craft two motions that would reflect Mr. Massey’s comments.] Motion #1 Mr. Massey moved to grant the approval of a one-time permit for the applicant to complete an addition at 2436 Farghee Court pursuant to the Board’s finding that: 1) the applicant has demonstrated to the Board’s satisfaction that he possesses other qualifications not specifically listed in Article 15 of the Fort Collins Municipal Code - such as specialized training, education or additional experience; and 2) the Board has determined that these considerations qualify the applicant to perform in a competent manner the construction authorized for the aforementioned project under the license or certificate sought, and 3) that such relief may be granted without substantial detriment to the public good and without substantially impairing the intent and purpose of Article 15 of the City’s Municipal Code. Mr. Robinson seconded. The motion passed unanimously. DocuSign Envelope ID: 3A86A540-31CF-4463-945A-28328810782B