HomeMy WebLinkAboutBuilding Board of Appeals 2002 Minutes S I �G EPARTMENT OF P' 'kNNING AND
NEIGHBORHOOD DEVELOPMENT
316 N.Capitol Avenue,Suites C-1 &C-2 • Lansing MI 48933-1238
(517)483-4355•FAX: (517)377-0169
�rl c H I G BUILDING SAFETY
David C. Hollister, Mayor
OFFICIAL PROCEEDINGS OF THE CITY OF LANSING
BUILDING BOARD OF APPEALS
Held at 316 N. Capitol Ave. at 2:00 pm
December 10, 2002
The December 2002 meeting of the City of Lansing Building Board of Appeals was called to order
at 2:02 p.m. by Chairman Randall Kamm.
Members present: Randall Kamm, Chairman
Donald Heck, Vice Chairman
Dean Taylor
James Drake
Members absent: None
Staff Present: Christine Segerlind, Secretary
Brian Davis, Assistant Fire Marshal
Brenda Jodway, Recording Secretary
Petitioners Present: Dr. Boyd B. Banwell
Public Present: None
Chairman Kamm asked for the approval of the May 14, 2002 minutes. Don Heck made a motion to
approve the minutes. Motion seconded by Dean Taylor. Motion carried.
Old Business: None
New Business:
Case No.: Address: Petitioner:
BBA-004-2002 723 Vernon Ave Dr. Boyd B. Banwell
Dr. Boyd B. Banwell was present for the Appeal.
The address in question is 723 Vernon Avenue.
Dr. Boyd B. Banwell see'-relief from the decision of Mr. Randy "':berbach, Code Compliance
Officer, denying use of a . .n because of inadequate ceiling height
Dr. Banwell said he has owned the home for about 30 years and it has never been a problem, so
he is trying to get some clarification on if there is something that can be done, or if he can get a
variance to get it approved as a two-bedroom home. He stated it is a rental.
Randall Kamm asked if it had smoke detectors? Dr. Banwell responded yes. He said in fact what
ever was on that list of problems, and he thought that was one of them, that's all been completed.
Chris Segerlind gave Randall Kamm, Board Chairman, a copy of the Correction Notice from Randy
Eberbach, Code Compliance Officer. Mr. Eberbach was not in attendance.
There was discussion that the ceiling is 9" short of requirements and that both windows do not
meet the egress requirements.
Brian Davis, Assistant Fire Marshal, stated that it would have to have an egress window. He said
in a rescue it would be tough enough getting someone out of there, let alone getting one of the
firefighters in. He said it would also need some hardwired interconnected smoke detection.
Randall Kamm stated that there were a couple of problems. In the past when this Board has
granted this kind of request, a larger window for egress and ingress and hard-wired smoke
detection has always been required policy. Yours will be treated like everybody else.
Dr. Banwell stated that he's owned it for 30 years and it's never been a problem in the past. It gets
to the point where you start to wonder if it's worth the investment or not.
Randall Kamm stated that we deal with Building Safety not investments.
Dean Taylor stated that it's not a huge investment to install a proper egress window and hardwired
smoke detection for what it accomplishes. It allows you to use the structure. It makes it safe for
your client and you get to keep the rental open as an income property for you.
Don Heck made a motion to allow the continued use of 723 Vernon Avenue with the addition of an
egress window & hard-wired smoke detection. Seconded by James Drake it passed unanimously
Other Business: None
Public Comment: None
At 2.25 p.m., James Drake moved to adjourn. Motion seconded by Dean Taylor. Motion carried.
Respectfully submitted,
Christine Segerlind, Secretary Draft date: 1/6/03
cc: Mayor's Office Board Secretary Approved date:
City Clerk's Office Public file-original
Appeal folders
Appeal applicants
SI rrPARTMENTOF PI 'XNNINGAND
NEIGHBORHOOD DEVELOPMENT
316 N. Capitol Avenue,Suites C-1 &C-2 • Lansing MI 48933-1238
(517)483-4355•FAX' (517)377-0169
l c H i Cs BUILDING SAFETY
David C. Hollister, Mayor
OFFICIAL PROCEEDINGS OF THE CITY OF LANSING
BUILDING BOARD OF APPEALS
Held at 316 N. Capitol Ave. at 2:00 pm
December 10, 2002
The December 2002 meeting of the City of Lansing Building Board of Appeals was called to order
at 2:02 p.m. by Chairman Randall Kamm.
Members present: Randall Kamm, Chairman
Donald Heck, Vice Chairman
Dean Taylor
James Drake
Members absent: None
Staff Present: Christine Segerlind, Secretary
Brian Davis, Assistant Fire Marshal
Brenda Jodway, Recording Secretary
Petitioners Present: Dr. Boyd B. Banwell
Public Present: None
Chairman Kamm asked for the approval of the May 14, 2002 minutes. Don Heck made a motion to
approve the minutes. Motion seconded by Dean Taylor. Motion carried.
Old Business: None
New Business:
Case No.: Address: Petitioner:
BBA-004-2002 723 Vernon Ave Dr. Boyd B. Banwell
Dr. Boyd B. Banwell was present for the Appeal.
The address in question is 723 Vernon Avenue.
Dr. Boyd B. Banwell seeks --.lief from the decision of Mr. Randy Eh-rbach, Code Compliance
Officer, denying use of a roe oecause of inadequate ceiling height.
Dr. Banwell said he has owned the home for about 30 years and it has never been a problem, so
he is trying to get some clarification on if there is something that can be done, or if he can get a
variance to get it approved as a two-bedroom home. He stated it is a rental.
Randall Kamm asked if it had smoke detectors? Dr. Banwell responded yes. He said in fact what
ever was on that list of problems, and he thought that was one of them, that's all been completed.
Chris Segerlind gave Randall Kamm, Board Chairman, a copy of the Correction Notice from Randy
Eberbach, Code Compliance Officer. Mr. Eberbach was not in attendance.
There was discussion that the ceiling is 9" short of requirements and that both windows do not
meet the egress requirements.
Brian Davis, Assistant Fire Marshal, stated that it would have to have an egress window. He said
in a rescue it would be tough enough getting someone out of there, let alone getting one of the
firefighters in. He said it would also need some hardwired interconnected smoke detection.
Randall Kamm stated that there were a couple of problems. In the past when this Board has
granted this kind of request, a larger window for egress and ingress and hard-wired smoke
detection has always been required policy. Yours will be treated like everybody else.
Dr. Banwell stated that he's owned it for 30 years and it's never been a problem in the past. It gets
to the point where you start to wonder if it's worth the investment or not.
Randall Kamm stated that we deal with Building Safety not investments.
Dean Taylor stated that it's not a huge investment to install a proper egress window and hardwired
smoke detection for what it accomplishes. It allows you to use the structure. It makes it safe for
your client and you get to keep the rental open as an income property for you.
Don Heck made a motion to allow the continued use of 723 Vernon Avenue with the addition of an
egress window & hard-wired smoke detection. Seconded by James Drake it passed unanimously
Other Business: None
Public Comment: None
At 2.25 p.m., James Drake moved to adjourn. Motion seconded by Dean Taylor. Motion carried.
Respectfully submitted,
Christine Segerlind, Secretary Draft date: 1/6/03
Approved date:
cc: Mayor's Office Board Secretary
City Clerk's Office Public file-original
Appeal folders
Appeal applicants
City of Lansing
Building Board of Appeals
January 27, 2003 31-
Mayor Tony Benevides C71 C
and City Council Members
City of Lansing W p
City Hall
Lansing, MI 48933 '
RE: 2002 Evaluation of the Building Board of Appeals
Dear Mayor Benevides and City Council Members:
The Building Board of Appeals operated all of 2002 one member short of the full complement of
five members. The Board lost a commercial construction representative in late 2001 due to
resignation. The Building Safety Division is in the process of searching for a new representative
of commercial construction to fill the vacancy on the Board. Hopefully the vacancy can be filled
in 2003 so that the Board can operate with all five members.
The Board heard a total of four appeals in 2002. Again, the number of appeals heard was a small
number compared to previous years due largely because of administrative modifications applied
by the Building Safety Division and authorized by this Board in years past_ Adoption of the
Michigan Building Code has also helped in being consistent with other jurisdictions in the
application of building codes during construction projects in Lansing.
The Board received excellent technical assistance from the Building Safety Division and the Fire
Marshal's office. These offices provided all needed information the Board required to make its
decisions. I would like to thank them for their support and invite you to salute them for their
excellent work and service to the citizens of Lansing.
Respectfully Submitted,
Randall Kamm, Chairman
Building Board of Appeals
cc: City of Lansing Building Safety Division
S 1 � DEPARTMENT OF PLANNING AND
NEIGHBORHOOD DEVELOPMENT
316 N.Capitol Avenue,Suites C-1 &C-2 • Lansing MI 48933-1238
(517)483-4355•FAX: (517)377-0169
I C H I G BUILDING SAFETY
David C. Hollister, Mayor
OFFICIAL PROCEEDINGS OF THE CITY OF LANSING
BUILDING BOARD OF APPEALS
Held at 316 N. Capitol Ave. at 2:00 pm
MAY 14, 2002
The May 2002 meeting of the City of Lansing Building Board of Appeals was called to order at
2:00 p.m. by Chairman Randall Kamm. The following members were in attendance:
Randall Kamm, Chairman
Donald Heck, Vice Chairman
Dean Taylor
James Drake
Members absent: None
Staff Present: Christine Segerlind, Secretary
Brian Davis, Assistant Fire Marshal
Petitioners Present: Peter B. Holz, Architect representing Dan Puuri, also present.
Public Present: None
Chairman Kamm asked for the approval of the April 9, 2002 minutes. Don Heck made a motion to
approve the minutes. Motion seconded by Dean Taylor. Motion carried.
Old Business: None
New Business:
Case No.: Address: Petitioner:
BBA-003-2002 4940 Contec Drive Peter B. Holz, Architect
Peter B. Holz and Dan Puuri were both present for the Appeal.
The address in question is 4940 Contec Drive.
A request from Peter B. Holz, Architect, representing Dan Puuri, Safe Records Center, to install an
early warning alarm system, with smoke & heat sensors, monitored by Control Alarm Company, a
fire lane on the south side and additional exits & Fire Department access doors, in lieu of smoke
and heat vents.
Mr. Holtz introduced the owner of the building, Mr. Dan Purri.
Mr. Randall Kamm stated this is mostly a Fire Department issue and asked if they had been
working with the Fire Marshall's office.
Mr. Holz responded yes. Mr. Holz stated that what they are doing is putting an addition onto an
existing building and since at that time it will exceed 50,000 sq. ft., the International Fire Code
requires that they install smoke and heat vents throughout the entire building. What they have done
is talked to Brian Davis, Fire Marshal and they are offering to put in a permanently monitored Early
Warning System, with smoke and heat sensors, a fire lane on the south side of the building and
adding additional exit doors and Fire Department access doors on the west side of the building.
That's the tradeoff they're offering in lieu of smoke and heat vents.
Don Heck asked what is the use of the building.
Dan Purri, owner, responded that the building is used for storage of boxes of business records.
The boxes are stacked 16' high. This is dense storage packed on shelves in a neat, orderly and
categorized manner.
Randall Kamm asked the construction type of the building.
Mr. Purri answered a concrete and steel pre-engineered building with 25 Y2 foot ceilings in the
center.
Mr. Holz added this is an II-N, fully sprinklered building.
Mr. Davis stated that the fire lane and the exit doors are required by the Fire Code. The smoke &
heat removal is required, the fire detection system is not. Mr. Davis received a call from
Quality Fire and they recommended that they have smoke detection & heat detection and also that
they bring that down into the racks at the halfway point and that would give very early warning. Fire
Prevention would accept the early warning detection system in lieu of the smoke & heat vents.
Mr. Purri stated in his business, water is just as damaging as fire. An early warning system is a
better solution.
Brian Davis stated access doors would be added to the existing building as well as the addition so
the entire building would be up to code. He also stated the smoke and heat vents were required,
the detection system is not. The Fire Prevention office is willing to accept the proposal if an early
warning system is monitored by a central monitoring agency.
Don Heck asked if the building sprinkler system is still required.
Mr. Davis responded yes.
After some additional discussion Don Heck made a motion that they grant the variance, eliminating
the requirements for the smoke & heat vents, in exchange for the inclusion of an early warning
system and smoke & heat sensors, fully monitored by a central monitoring company and that all the
other conditions of the Code be met. Seconded by James Drake the motion carried unanimously.
Other Business: Don Heck wanted to know if Chris Segerlind had gotten clarification from last
months question on the Administrative Modification of 5.0 sq. ft. of opening on windows and the
Code statement of 5.7 sq. ft. of opening. Ms. Segerlind said she did a little research on that and
whether it's approved by an Inspector or done by an Administrative Modification, the 5.0 sq. ft.
came from the Housing Code many years ago. No one knows exactly what year it was adopted in
the Housing Code, but if you're required to put in a new window, it has to be 5.7 sq. ft. on the
second floor or now in the new Code it can be 5.0 sq. ft. on the first floor. So, you are consistent.
Dean Taylor asked, regarding the same subject what is the minimum required dimension of the
window escape well, whether you construct the well out of landscape timbers or if you use one of
those pre-manufactured units. James Drake said he didn't know if the Residential was different
than the Building Code but it says the minimum size the clear horizontal dimensions of the window
well shall allow emergency escape and rescue opening to be fully opened and provide a minimum
access net clear opening of 9 sq. ft. with a minimum dimension of 36 inches. That's the Building
Code; Residential may be different. Ms. Segerlind said she believes both Codes are the same.
At 2:30 p.m., Don Heck moved to adjourn. Motion seconded by James Drake. Motion carried.
Respectfully submitted,
Christine Segerlind
Secretary Draft date: 5/23/02
Approved date:
cc: Mayor's Office Board Secretary
City Clerk's Office Appeal folders
Public file-original Appeal applicants
S I �G DEPARTMENT OF PLANNING AND
NEIGHBORHOOD DEVELOPMENT
316 N.Capitol Avenue,Suites C-1 &C-2 • Lansing MI 48933-1238
(517)483-4355•FAX: (517)377-0169
f c H I G BUILDING SAFETY
David C. Hollister, Mayor
OFFICIAL PROCEEDINGS OF THE CITY OF LANSING
BUILDING BOARD OF APPEALS
Held at 316 N. Capitol Ave. at 2:00 pm
MAY 14, 2002
The May 2002 meeting of the City of Lansing Building Board of Appeals was called to order at
2:00 p.m. by Chairman Randall Kamm. The following members were in attendance:
Randall Kamm, Chairman
Donald Heck, Vice Chairman
Dean Taylor
James Drake
Members absent: None
Staff Present: Christine Segerlind, Secretary
Brian Davis, Assistant Fire Marshal
Petitioners Present: Peter B. Holz, Architect representing Dan Puuri, also present.
Public Present: None
Chairman Kamm asked for the approval of the April 9, 2002 minutes. Don Heck made a motion to
approve the minutes. Motion seconded by Dean Taylor. Motion carried.
Old Business: None
New Business:
Case No.: Address: Petitioner:
BBA-003-2002 4940 Contec Drive Peter B. Holz, Architect
Peter B. Holz and Dan Puuri were both present for the Appeal.
The address in question is 4940 Contec Drive.
A request from Peter B. Holz, Architect, representing Dan Puuri, Safe Records Center, to install an
early warning alarm system, with smoke & heat sensors, monitored by Control Alarm Company, a
fire lane on the south side and additional exits & Fire Department access doors, in lieu of smoke
and heat vents.
Mr. Holtz introduced the owner of the building, Mr. Dan Purri.
Mr. Randall Kamm stated this is mostly a Fire Department issue and asked if they had been
working with the Fire Marshall's office.
Mr. Holz responded yes. Mr. Holz stated that what they are doing is putting an addition onto an
existing building and since at that time it will exceed 50,000 sq. ft., the International Fire Code
requires that they install smoke and heat vents throughout the entire building. What they have done
is talked to Brian Davis, Fire Marshal and they are offering to put in a permanently monitored Early
Warning System, with smoke and heat sensors, a fire lane on the south side of the building and
adding additional exit doors and Fire Department access doors on the west side of the building.
That's the tradeoff they're offering in lieu of smoke and heat vents.
Don Heck asked what is the use of the building.
Dan Purri, owner, responded that the building is used for storage of boxes of business records.
The boxes are stacked 16' high. This is dense storage packed on shelves in a neat, orderly and
categorized manner.
Randall Kamm asked the construction type of the building.
Mr. Purri answered a concrete and steel pre-engineered building with 25 Y2 foot ceilings in the
center.
Mr. Holz added this is an II-N, fully sprinklered building.
Mr. Davis stated that the fire lane and the exit doors are required by the Fire Code. The smoke &
heat removal is required, the fire detection system is not. Mr. Davis received a call from
Quality Fire and they recommended that they have smoke detection & heat detection and also that
they bring that down into the racks at the halfway point and that would give very early warning. Fire
Prevention would accept the early warning detection system in lieu of the smoke & heat vents.
Mr. Purri stated in his business, water is just as damaging as fire. An early warning system is a
better solution.
Brian Davis stated access doors would be added to the existing building as well as the addition so
the entire building would be up to code. He also stated the smoke and heat vents were required,
the detection system is not. The Fire Prevention office is willing to accept the proposal if an early
warning system is monitored by a central monitoring agency.
Don Heck asked if the building sprinkler system is still required.
Mr. Davis responded yes.
After some additional discussion Don Heck made a motion that they grant the variance, eliminating
the requirements for the smoke & heat vents, in exchange for the inclusion of an early warning
system and smoke & heat sensors, fully monitored by a central monitoring company and that all the
other conditions of the Code be met. Seconded by James Drake the motion carried unanimously.
Other Business: Don Heck wanted to know if Chris Segerlind had gotten clarification from last
months question on the Administrative Modification of 5.0 sq. ft. of opening on windows and the
Code statement of 5.7 sq. ft. of opening. Ms. Segerlind said she did a little research on that and
whether it's approved by an Inspector or done by an Administrative Modification, the 5.0 sq. ft.
came from the Housing Code many years ago. No one knows exactly what year it was adopted in
the Housing Code, but if you're required to put in a new window, it has to be 5.7 sq. ft. on the
second floor or now in the new Code it can be 5.0 sq. ft. on the first floor. So, you are consistent.
Dean Taylor asked, regarding the same subject what is the minimum required dimension of the
window escape well, whether you construct the well out of landscape timbers or if you use one of
those pre-manufactured units. James Drake said he didn't know if the Residential was different
than the Building Code but it says the minimum size the clear horizontal dimensions of the window
well shall allow emergency escape and rescue opening to be fully opened and provide a minimum
access net clear opening of 9 sq. ft. with a minimum dimension of 36 inches. That's the Building
Code; Residential may be different. Ms. Segerlind said she believes both Codes are the same.
At 2:30 p.m., Don Heck moved to adjourn. Motion seconded by James Drake. Motion carried.
Respectfully submitted,
Christine Segerlind
Secretary Draft date: 5/23/02
Approved date:
cc: Mayor's Office Board Secretary
City Clerk's Office Appeal folders
Public file-original Appeal applicants
SING DEPARTMENT OF PLANNING AND
NEIGHBORHOOD DEVELOPMENT
316 N.Capitol Avenue,Suites C-1 &C-2 • Lansing MI 48933-1238
(517)483-4355•FAX: (517)377-0169
I C H t �, e' BUILDING SAFETY
David C. Hollister, Mayor
OFFICIAL PROCEEDINGS OF THE CITY OF LANSING
BUILDING BOARD OF APPEALS
Held at 316 N. Capitol Ave. at 2:00 pm
Tuesday, April 9, 2002
The April 2002 meeting of the City of Lansing Building Board of Appeals was called to order at
2:00 p.m. by Chairman Randall Kamm. The following members were in attendance:
Randall Kamm, Chairman
Donald Heck, Vice Chairman
Dean Taylor
James Drake
Members absent:
Staff Present:
Christine Segerlind, Secretary
Brian Davis, Assistant Fire Marshal
Brenda Jodway, Recording Secretary
Petitioners Present: Gregory Gary Smith
Andy Brija
Public Present: Arlene Brija
Chairman Kamm asked for the approval of the December 11, 2001 minutes. Don Heck made a
motion to approve the minutes. Motion seconded by James Drake. Motion carried.
Old Business: None
New Business:
Case No.: Address: Petitioner:
BBA-001-2002 826 N. CHESTNUT GREGORY GARY SMITH
Gregory Gary Smith was present for the Appeal.
On March 7, 2002 Deloris Fuller, Code Compliance Officer issued a Housing Code Correction
Notice which declared the dwelling at 826 N. Chestnut Street substandard due in part to a room on
the second floor used as a bedroom, with no window and inadequate room size.
Mr. Smith is requesting a variance to authorize the use of that room for sleeping purposes.
Mr. Smith has already agreed to install an Egress Window and Hardwired Smoke Detectors.
There was some discussion to determine the room has an 8-foot ceiling and that there is enough
room for the egress window.
Don Heck made a motion to approve the use of the second floor bedroom, provided that an Egress
Window and Hardwired Smoke Detector are installed as agreed. Seconded by Dean Taylor, the
motion was approved unanimously.
BBA-002-2002 1422 NEW YORK AVE. ANDY BRIJA
Andy Brija was present for the Appeal.
The address in question is located at 1422 New York Avenue.
At the time the Appeal was filed, Mr. Brija was requesting that the second floor bedroom, at the
rear of the house, with inadequate ceiling height be used without a proper egress window.
Barb Kimmel, Lead Rehab Construction Specialist, Development Office, is working on a City
Rental Rehab Project with the Brijas' to rehabilitate the home in question. When Ms. Kimmel did a
field inspection and took the measurements, she found that the bedroom in question, at the back,
did have enough room for a proper casement egress window and they were going to install one,
but, the bedroom window in the front of the house did not meet egress requirements and they were
hoping to leave it.
Ms. Kimmel stated that they would be adding three hardwired smoke detectors, one in each
bedroom and one in the hallway.
Mr. Brija stated that economics was also a factor why they were hoping to leave the front window.
After much discussion, Dean Taylor stated that precedence has been set for years that the
standard rule is if the ceiling height is inadequate, we still approve the use of the structure if they
follow the two points that we've established. That is, a proper egress window or windows and
hardwired smoke detectors.
Randall Kamm stated years ago the Board authorized the City to use an Administrative
Modification if they were within a percentage of being compliant.
Chris Segerlind stated that Mr. Nelson couldn't do the Administrative Modification in this case
because the window, in the rear of the home, didn't meet the 5 sq. ft. of rough opening. But now, if
they are willing to put the casement windows in, it will meet the requirements for administrative
modification.
There was much additional discussion about the front window and Randall Kamm stated that the
Board doesn't take economics into consideration and that if it's physically possible to put an egress
window into that front bedroom that's what's going to have to happen.
There was additional discussion that if they installed two egress windows, one in each bedroom,
they would probably meet the requirements for an Administrative Modification.
Don Heck made a motion to deny the request to occupy the upstairs bedroom without the
compliant egress window. Seconded by James Drake the motion was denied unanimously.
Other Business: The Board has received a new Policy Statement. There was discussion
about the new Policy Statement that was re-written by Gary Brydges. It was
passed out so everyone would have a copy and was determined that the
Policy remains the same, however, it now references the Michigan
Residential Code.
At 2:57 p.m., Dean Taylor moved to adjourn. Motion seconded by Don Heck. Motion carried.
Respectfully submitted,
a--r
Christine Segerlind
Secretary Draft date: 4/24/02
Approved date:
cc: Mayor's Office Board Secretary
City Clerk's Office Building Safety Office Staff Representatives
Appeal folders Appeal applicants
Public file-original
S I �G DEPARTMENT OF PLANNING AND
NEIGHBORHOOD DEVELOPMENT
316 N.Capitol Avenue,Suites C-1 &C-2 • Lansing MI 48933-1238
(517)483-4355•FAX: (517)377-0169
I c H 1 BUILDING SAFETY
David C. Hollister, Mayor
OFFICIAL PROCEEDINGS OF THE CITY OF LANSING
BUILDING BOARD OF APPEALS
Held at 316 N. Capitol Ave. at 2:00 pm
Tuesday, April 9, 2002
The April 2002 meeting of the City of Lansing Building Board of Appeals was called to order at
2:00 p.m. by Chairman Randall Kamm. The following members were in attendance:
Randall Kamm, Chairman
Donald Heck, Vice Chairman
Dean Taylor
James Drake
Members absent:
Staff Present:
Christine Segerlind, Secretary
Brian Davis, Assistant Fire Marshal
Brenda Jodway, Recording Secretary
Petitioners Present: Gregory Gary Smith
Andy Brija
Public Present: Arlene Brija
Chairman Kamm asked for the approval of the December 11, 2001 minutes. Don Heck made a
motion to approve the minutes. Motion seconded by James Drake. Motion carried.
Old Business: None
New Business:
Case No.: Address: Petitioner:
BBA-001-2002 826 N. CHESTNUT GREGORY GARY SMITH
Gregory Gary Smith was present for the Appeal.
On March 7, 2002 Deloris Fuller, Code Compliance Officer issued a Housing Code Correction
Notice which declared the dwelling at 826 N. Chestnut Street substandard due in part to a room on
the second floor used as a bedroom, with no window and inadequate room size.
Mr. Smith is requesting a variance to authorize the use of that room for sleeping purposes.
Mr. Smith has already agreed to install an Egress Window and Hardwired Smoke Detectors.
There was some discussion to determine the room has an 8-foot ceiling and that there is enough
room for the egress window.
Don Heck made a motion to approve the use of the second floor bedroom, provided that an Egress
Window and Hardwired Smoke Detector are installed as agreed. Seconded by Dean Taylor, the
motion was approved unanimously.
BBA-002-2002 1422 NEW YORK AVE. ANDY BRIJA
Andy Brija was present for the Appeal.
The address in question is located at 1422 New York Avenue.
At the time the Appeal was filed, Mr. Brija was requesting that the second floor bedroom, at the
rear of the house, with inadequate ceiling height be used without a proper egress window.
Barb Kimmel, Lead Rehab Construction Specialist, Development Office, is working on a City
Rental Rehab Project with the Brijas' to rehabilitate the home in question. When Ms. Kimmel did a
field inspection and took the measurements, she found that the bedroom in question, at the back,
did have enough room for a proper casement egress window and they were going to install one,
but, the bedroom window in the front of the house did not meet egress requirements and they were
hoping to leave it.
Ms. Kimmel stated that they would be adding three hardwired smoke detectors, one in each
bedroom and one in the hallway.
Mr. Brija stated that economics was also a factor why they were hoping to leave the front window.
After much discussion, Dean Taylor stated that precedence has been set for years that the
standard rule is if the ceiling height is inadequate, we still approve the use of the structure if they
follow the two points that we've established. That is, a proper egress window or windows and
hardwired smoke detectors.
Randall Kamm stated years ago the Board authorized the City to use an Administrative
Modification if they were within a percentage of being compliant.
Chris Segerlind stated that Mr. Nelson couldn't do the Administrative Modification in this case
because the window, in the rear of the home, didn't meet the 5 sq. ft. of rough opening. But now, if
they are willing to put the casement windows in, it will meet the requirements for administrative
modification.
There was much additional discussion about the front window and Randall Kamm stated that the
Board doesn't take economics into consideration and that if it's physically possible to put an egress
window into that front bedroom that's what's going to have to happen.
There was additional discussion that if they installed two egress wing.—Ws, one in each bedroom,
they would probably meet the requirements for an Administrative Modification.
Don Heck made a motion to deny the request to occupy the upstairs bedroom without the
compliant egress window. Seconded by James Drake the motion was denied unanimously.
Other Business: The Board has received a new Policy Statement. There was discussion
about the new Policy Statement that was re-written by Gary Brydges. It was
passed out so everyone would have a copy and was determined that the
Policy remains the same, however, it now references the Michigan
Residential Code.
At 2:57 p.m., Dean Taylor moved to adjourn. Motion seconded by Don Heck. Motion carried.
Respectfully submitted,
QQ-3`L<
Christine Segerlind
Secretary Draft date: 4/24/02
Approved date:
cc: Mayor's Office Board Secretary
City Clerk's Office Building Safety Office Staff Representatives
Appeal folders Appeal applicants
Public file-original