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HomeMy WebLinkAboutBuilding Board of Appeals 2011 Minutes A three story addition was constructed to the existing ten story building located at 120 N. Washington Square. The petitioner has an ownership interest in both the ten story building (120 N. Washington Sq.) and the three story addition (111 E. Michigan Ave.) as well as the business (Troppo) being operated in the addition. Requirements from the lender for financing necessitated the division of the property into two separate parcels. The subsequent lot split resulted in buildings with openings across the property line and shared utilities and building systems. This is in violation of Table 602 and Table 704.8 of the Michigan Building Code 2006 (MBC) The Building Safety Official, City Attorney, & Petitioner worked on a Resolution they could all agree with and bring to the Building Board of Appeals for approval. After a brief period for Members to read Resolution 2010-1 By The City Of Lansing Building Board of Appeals, a motion was made by James Drake to approve Resolution 2010-1, regarding; 111 E. Michigan Ave., appeal BBA-004-2010. Seconded by Don Heck, it was approved unanimously. See Attachment Resolution 2010-1. Other Business: None Public Comment: None At 3:15 p.m., James Drake moved to adjourn. Motion seconded by Don Heck. Motion carried. Respectfully submitted, James Bennett, Secretary Draft date: September 8, 2010 Approved date: cc: Mayor's Office Board Secretary City Clerk's Office Building Safety Office Staff Representatives Appeal folders Appeal applicants Public file-original of L,A`vs,v DEPARTMENT OF PLANNING AND NEIGHBORHOOD DEVELOPMENT 316 N. Capitol Avenue,Suites C-1 • Lansing MI 48933-1238 (517)483-4355 9 FAX: (517)377-0169 HIC) BUILDING SAFETY OFFICE Virg Bernero, Mayor September 8, 2010 OFFICIAL PROCEEDINGS OF THE CITY OF LANSING BUILDING BOARD OF APPEALS SPECIAL MEETING Held at 316 N. Capitol Ave. at 2:00 pm September 8, 2010 The September 2010 meeting of the City of Lansing Building Board of Appeals was called to order at 3:08 p.m. by Chairman Randa(l Kamm. The following members were in attendance: Randall Kamm, Chairman Donald Heck, Vice Chairman James Drake Gr Members absent: Dean Taylor (Excused) (7) ; Staff Present: James Bennett, Secretary Phil Sabon, Fire Marshal F"I Chris Segerlind, Manager Don Kulhanek, City Attorney I`� Susan Stachowiak, Zoning Administrator ' Gretchen Kohsmann, Assistant Fire Marshal Brenda Jodway, Recording Secretary Petitioners Present: Kris Elliott Public Present: None Chairman Kamm asked for the approval of the June 8, 2010 minutes. James Drake made a motion to approve the minutes. Motion seconded by Don Heck. Motion carried. Old Business: None New Business: Case No.: Address: Petitioner: BBA-004-2010 111 E. Michigan Ave. Kris Elliott Randall Kamm introduced Kris Elliott who is requesting to allow openings across a property line and a shared utilities and system between two buildings. property line and hereby requires them to be separated at such time as the Troppo Parcel is transferred by sale, conveyance, land contract, or assignment,to an entity not owned(with at least a 51% ownership interest) or controlled by Matthew K. Elliott, his heirs, or one or more of the current owners of the PNC Parcel who at the time of the transfer still have an ownership interest in the PNC Parcel, or is no longer used for the operation of a restaurant, including but not limited to: I. The wall(s)separating the Parcels shall be rebuilt in compliance with the requirements of the Building Code in effect at the time of reconstruction for buildings with a Fire Separation Distance of zero; 2. All utilities (water, electrical, sewer, natural gas, etc.) as well as shared services (HVAC, heated water, etc.) that serve the Troppo Parcel shall be disconnected and such utilities and services shall be installed and provided to Troppo Parcel independent of the PNC Parcel; and 3. The Fire and Life Safety Systems(sprinklers,fire alarm,smoke detection, means of egress system, etc.)shall be separated, disconnected and reconfigured so that each building is in compliance with the Building Code for the occupancy of each building (collectively,the'Post-Transfer Requirements"). In the event the Post-Transfer Requirements are not completed within 120 days after the transfer, Owner shall dissolve the property line (combine the Parcels) between the PNC Parcel and the former Troppo Parcel so that the buildings return to the same condition as the original building with the addition(a single building)as reviewed, approved,and constructed. BE IT FURTHER RESOLVED that the Owner shall provide the Building Safety Office reasonable evidence that it has complied with this resolution upon transfer of the Troppo Parcel by sale, conveyance, land contract, or assignment as described above, or upon the Troppo Parcel no longer being used for the operation of a restaurant. BE IT RESOLVED that the Owner shall execute and record a restrictive covenant demonstrating that the commitments contained in the least and wall agreement,as required above,run with the land and bind future owners and/or tenants to those requirements, and shall provide the City of Lansing with a copy thereof. BE IT FINALLY RESOLVED that the restrictions contained herein do not prohibit Owner's ability to lease the Troppo Parcel to a third-party or Troppo's ability to sublease the Leased Portion of Troppo contained on the PNC Parcel to a third-party,so long as the use of the Troppo Parcel and the Leased Portion of Troppo continue as a restaurant. Ppen211 B2.00693.10163113.2 LFormatted:Font:Arlai,8 p t, RESOLUTION 2010-1 BY THE CITY OF LANSING BUILDING BOARD OF APPEALS I I I E. Michigan Ave. Fire and Life Safety Requirements Lot Split-8-2010 WHEREAS, an addition was constructed on the south side of the building located at 120 N, Washington Square(the "Current PNC Building") in 2009; and WHEREAS,the Department of Planning and Neighborhood Development(the "Department")approved the construction of the addition; and WHEREAS, OMA McPat,LLC,the owner of the addition(the"Owner"), filed an application for a lot split with the Department on June 3,2010,to split the addition from the original building along the original south face of the Current PNC Building on the parent parcel; and WHEREAS,pursuant to City of Lansing Subdivision Regulations,Ordinance 1236.08,the application was approved by the Department on June 3,2010,resulting in two parcels which share common ownership; 1)a parcel containing the Current PNC Building(the "PNC Parcel")and,2)a parcel containing the addition and a portion of the restaurant known as Troppo(the"Troppo Parcel")(collectively the"Parcels"); and WHEREAS,in addition to utilizing the addition on the Troppo Parcel, a substantial portion of the restaurant Troppo is also contained in the first and second floors of the Current PNC Building(the "Leased Portion")pursuant to a sixty-five(65)year Lease Agreement dated June 7,2010(the "Lease")between the owner of the PNC Parcel and Troppo Lansing Incorporated("Troppo");and WHEREAS, after approval,the Department became aware that as a result of the split the Parcels have fire and life safety facilities crossing the property line(i.e.,single systems which serve the entire structure on both parcels)in violation of the 'Building Code (which, for purposes of this Resolution, shall mean the Michigan Building Code as adopted by the State and incorporated by the City of Lansing, as amended, and including the building, mechanical,fire,plumbing,property maintenance,fuel gas, and any other code or standard adopted by reference in the codes, if applicable);and WHEREAS,the Department and the Owner request this Board recognize the provision of fire and life safety facilities crossing the property line and require those facilities to be separated at such time as the Troppo Parcel is transferred as set forth below, NOW, THEREFORE, BE IT RESOLVED the Building Board of Appeals hereby recognizes that the fire and life safety facilities required by the Building Code cross the A motion to classify the structure as a U use group was made by Donald Heck and seconded by James Drake. Motion passed unanimously. Other Business None Public Comment None At 2:30 PM James Drake moved to adjourn. Motion seconded by Don Heck. Motion carried. Respectfully submitted, James Bennett, Secretary Draft date: March 8, 2011 Approved date: cc: Mayor's Office Board Secretary City Clerk's Office Building Safety Office Staff Representatives Appeal folders Appeal applicants Public file- original 01 L ``l'3, i DEPARTMENT OF PLANNING AND NEIGHBORHOOD DEVELOPMENT 316 N. Capitol Avenue, Suites C-1 • Lansing MI 48933-1238 (517).483-4355• FAX: (517)377-0169 BUILDING SAFETY OFFICE Virg Bernero, Mayor Official Proceeding of the City of Lansing BUILDING BOARD OF APPEALS SPECIAL MEETING Held at 316 N. Capitol at 2:00 PM March 8, 2011 The March 2011 meeting of the City of Lansing Building Board of Appeals was called to order at 2:05 PM by Chairman Randall Kamm. The following members were in attendance: Randall Kamm, Chairman Donald Heck, Vice Chairman James Drake Members absent: Dean Taylor (Excused) ] Staff Present: James Bennett, Secretary Phil Sabon, Fire Marshal _, 3 Lynne Puente, Recording Secretary = 1 r f d Petitioners Present: Marty Riel Thomas Weber Richard Schaefer Public Present None Chairman Kamm asked for the approval of the September 8, 2010 Special Meeting minutes, moved to approve minutes by Don Heck seconded by James Drake. Motion to approve passed unanimously. Old Business: None New Business: Case No: Address: Petitioner: BBA-01-2011 4910 Aurelius Road Thomas Weber Randall Kamm introduced Thomas Weber who is requesting the use group be changed from an A to a U use group. A pavilion is being proposed to be built at this site, however an A use group would require toilet facilities to be constructed under the 2009 State of Michigan Plumbing Code. Therefore, they requested to change the use group to a U which does not require toilet facilities. Jim Bennett explained that what used to be a duplex, one unit up with a back entrance and the front entrance to the first floor level is now being used as a single family home. His other concern is that there is no landing on either side of the bathroom door which is also required by above mentioned Codes. After much discussion about possible options, it was decided that none of them would be feasible. Don Heck made a motion that the House located at 1403 W. Main Street should be allowed to continue use as a single family residence. Seconded by James Drake the motioned carried unanimously. Case No.: Address: Petitioner: BBA-003-2011 829 E. Shiawassee St. James Nizer Randall Kamm introduced James Nizer who is requesting a modification or reversal of the enforcing officer, David Brand's decision that two rooms that do not provide emergency escape and rescue openings are in violation of the Michigan Residential Code Section R310.1 and the City of Lansing Housing and Premises Code section 1450.41 (d) and can not be used as bedrooms . The building is a 13 unit apartment building and one bedroom in each 1st floor and 2nd floor apartments located in the middle of the building with no exterior walls, and therefore no egress windows. After much discussion on options to keep those apartments as two bedroom units, Don Heck made a motion concerning the property at 829 E. Shiawassee St. that the owner instruct the current occupants of the two apartments to not use the interior room for sleeping purposes and to provide a mounted durable permanent sign in the rooms indicating that it is not to be used as a bedroom and he should coordinate the signage with Phil Sabon, Fire Marshal, to determine the language. Seconded by James Drake the motion carried unanimously. Other Business: None Public Comment: None Don Heck moved to adjourn. Seconded by James Drake, motion carried. Respectfully submitted, q�70/)/ James Bennett, Secretary Draft date: Approved date: cc: Mayor's Office Board Secretary City Clerk's Office Building Safety Office Staff Representatives Appeal folders Appeal applicants Public file-original °} L "s'�� DEPARTMENT OF PLANNING AND NEIGHBORHOOD DEVELOPMENT 316 N.Capitol Avenue,Suites C-1 • Lansing MI 48933-1238 (517)483-4355• FAX: (517)377-0169 �tc'I-11GPr BUILDING SAFETY OFFICE Virg Bernero, Mayor April 19, 2011 OFFICIAL PROCEEDINGS OF THE CITY OF LANSING BUILDING BOARD OF APPEALS Held at 316 N. Capitol Ave. at 2:00 pm APRIL 12, 2011 The April 2011 meeting of the City of Lansing Building Board of Appeals was called to order at 2:06 p.m. by Chairman Randall Kamm. The following members were in attendance: Randall Kamm, Chairman Donald Heck, Vice Chairman James Drake Members absent: Dean Taylor (Excused Absence) Staff Present: James Bennett, Secretary Phil Sabon, Assistant Fire Marshal ` OD Scott Sanford, Code Compliance David Brand, Code Compliance ' I Brenda Jodway, Recording Secretary Petitioners Present: Lavonne Thomas & Husband James Nizer Public Present: None Chairman Kamm asked for the approval of the March 8, 2011 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-002-2011 1403 W. Main St. Lavonne Thomas Randall Kamm introduced Lavonne Thomas who is requesting a modification or reversal of the enforcing officer, Scott Sanford's decision that a rental dwelling with the only passageway from the first floor living spaces to the second floor bedrooms is through a bathroom does not meet the International Property Maintenance Code, section 503.1, the Michigan Residential Code, section 503.1 and the City of Lansing Housing & Premises Code section 1460.28 (a). The house is currently rented to a family as a single unit and had passed inspections in the past. Barb stated that they would like to market the house as 3 bedrooms. The house is going to be owner occupied. She said they will be adding an egress window and hard wired smoke detectors regardless of the outcome of the appeal. She stated that they would be increasing the room size by taking space from another room in order to exceed the square footage requirement and adding a closet that does not affect the required bedroom area. Don Heck asked if the Fire Marshal or the Building Safety Office had any issues with that. Phil Sabon & Jim Bennett stated that they had no objection with granting this appeal provided that, the window sill height not exceed 44", the window be glazed with safety glazing (tempered glass) and Child Fall Protection be provided so a child couldn't easily fall from the bed out the window. Jim Bennett stated that the house was built in 1926 before the Codes and they are making it better than it was. After much discussion, Don Heck made a motion to approve the use of the proposed 3rd bedroom at 1018 N. Jenison Avenue with the provisions that an egress window with tempered or safety glazing and a mutually agreeable fall protection system be installed. It needs to be approved by the Fire Department & the Building Safety Office. Seconded by James Drake, motion carried. Other Business: None Public Comment: None At 2:27 p.m. Don Heck moved to adjourn. Seconded by James Drake, motion carried. Respe er submitted, James Bennett, Secretary Draft date: June 21, 2011 Approved date: cc: Mayor's Office Board Secretary City Clerk's Office Building Safety Office Staff Representatives Appeal folders Appeal applicants Public file-original