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HomeMy WebLinkAboutBuilding Board of Appeals 2013 Minutes ° LNsl�Cl 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 PROCEEDINGS OF THE CITY OF LANSING BUILDING BOARD OF APPEALS Held at 316 N. Capitol Ave. at 2:00 pm November 12, 2013 The November 12, 2013 meeting of the City of Lansing Building Board of Appeals was called to order at 2:06 PM. by Chairman Don Heck. The following members were in attendance: Don Heck, Chairman James Drake, Vice Chairman Barry Wood r- 4• nJ 7 C.! Members Absent: Excused Absence — Chad Powers ; Staff Present: James Bennett, Building Official/Secretary Brad Drury, Fire Marshal -- ? Marshawn Blake, Captain M Steve Swan, Chief Building Inspector rr �J Billie J. O'Berry, Assistant City Attorney (arrived late) =u Susan Stachowiak, Zoning Administrator (present for a portion of t1=ie meeting) Jon Snyder, Plan Review Analyst Petitioners Present: Edwar Zeineh, issa Haddad Manny Charior Public Present: None Chairman Don Heck asked for the approval of the June 26, 2013 special meeting minutes. Barry Wood made a motion to approve the minutes. Motion seconded by James Drake. Motion carried unanimously. Old Business: Report from Staff on disposition of 203/205 W. Washington Square. New Business: Case No.: Address: Petitioner: BBA-004-2013 2006 and 2010 East Michigan Ave. E L Investment Properties (These minutes of the Building Board of Appeals are not intended to be a transcript.) Chairman Don Heck (HECK) introduced the petitioners and the Board Members present. Edwar Zeineh (ZEINEH) wanted to clarify that the addresses included two (2) separate buildings HECK asked ZEINEH to explain the nature of his appeal. ZEINEH explained that he had received a letter from the Fire Marshal's office that the south portion of the properties between South Clemens Avenue and South Fairview Avenue was designated a fire lane. Billie J. O'Berry (O'BERRY) entered the meeting. James Bennett (BENNETT) introduced her to those present. ZEINEH explained that the properties would be adversely affected by the designation of the fire lane and that after 40 years of it not being designated there had been no ill effects up until this point. ZEINEH stated that there were vehicles that were improperly towed by the fire department due to parking in the newly designated fire lane and that this is an exercise of authority that is unnecessary. ZEINEH explained the unobstructed path for a fire lane is twenty feet (20') wide and thirteen feet six inches (13 6') vertical per International Fire Code 2009 (IFC). ZEINEH stated that there is an electrical pole inside the newly designated fire lane that would violate this section. ZEINEH said the IFC allows broadening the width, but not reducing it per section 503 IFC: therefore if a space does not qualify for a fire lane then it cannot be designated as one. ZEINEH presented an aerial photo and a survey established by a plat map showing city property further to the south of his own property should have actually been an alley way and thus a better suited fire lane inside that city parking lot. ZEINEH states that the alley way should have to conform to the plat map. ZEINEH states that looking back 50 years there has been no redevelopment, no remodeling or change in use. The only thing that has changed is ownership ZEINEH stated that there were never any bearing tests or pavement investigation done;that would show that the fire lane would work at the newly designated location with the largest fire vehicle in the fleet. Barry Wood (WOOD) asked ZEINEH when he had purchased the property, he responded March 18, 2013 and that title work had been done. HECK asks ZEINEH that if for discussion purposes the proposed fire lane were called an alley, how wide is it? After further examination of the survey, twenty one point three feet (21.3') plus or minus was the agreed dimension. HECK asks ZEINEH if he thought two cars could pass one another in the alley. ZEINEH answers no and also brings up the fact that the electrical pole is also going to deter this from happening. HECK wants to clarify the three distinct points that ZEINEH has raised. HECK continues-_ • First being the concern of the fire lanes impact on the property because of the building being located further south than the adjacent buildings. • Second, being that the IFC is specific in making greater requirements of heights and width clearances and based on the letter received by ZEINEH the ability of the Fire Marshal's Office to reduce the requirements is not supported in the fire code. • Third is that the city has appeared to build an alley not located in the platted alley way, and that there is adequate public land to serve the needs that are trying to be fulfilled. ZEINEH concurred. HECK asked to hear from the Fire Marshal's office. Brad Drury (DRURY) directs attention to photos that were brought into meeting. He states that in 40 or 50 years there never was a concern in establishing a fire lane at this location. The department has never received complaints about this alley way until this last July or beginning of August. At that time photos were taken showing concrete barricades blocking the alley way. Typically the Fire Marshalls Office does not go out and hunt for these violations. DRURY stated that ZEINEH is asking another property owner to establish a fire lane on their property to benefit his own property. DRURY stated that the parking lot to the south would not substitute for a fire lane the way it is currently configured. DRURY presents more photos showing typical fire suppression tactics. These include attacking fires around utility poles. DRURY then states that the best way to fight a fire is from the front and back of a building and not around or over telephone lines and poles. DRURY cites section 104.9 IFC that as long as the minimum of area of obstruction standard is met, it has always been the practice of the Fire Marshal's Office to allow flexibility. There have been times that they have narrowed the fire lane because it is a pass through or there is no structure there or area of operation. DRURY states a new fire lane in the IFC has a minimum width of 20 feet and the only obstruction in this area is the utility poles. The space from the building to the edge of the pole is eighteen (18) feet. This would allow room to maneuver or set up a short jack operation with the ladder truck. The BOARD asks what a short jack operation is. DRURY shows a photo explaining that the one side of the aerial apparatus does not fully extend its out riggers. The jack is dropped straight down. This procedure has certain limitations in its area of swing. The truck would only have a five (5) degree of swing before it becomes unstable. HECK asks the date of the plat map. After discussion with ZEINEH it is thought to be from possibly the 1920's or 1930's but agreed that it is old. HECK asks when the curb cuts to the south alley way were established. WOOD answers that he moved into that area in 1968. He states that the curb cuts had happened at about that time and that no other improvements have been made since that time. HECK asks DRURY if a fire truck could make clearance with the existing curb cuts in the existing alley way. DRURY responds that there is adequate clearance. HECK asks ZEINEH if essentially his appeal is that this fire lane is an unfair burden upon the property and if there were any other options available that exist. ZEINEH agrees. ZEINEH asks DRURY if it is a fact that the fire department uses its largest apparatus or truck when looking at clearances for a fire lane. DRURY responded that when they establish a fire lane for new construction this is correct. However, when looking at existing buildings this is not the case. If it were then every new or larger truck would change already existing fire lanes in the city. ZEINEH states that he doubts that the largest fire truck or apparatus could make clearance into the current alley way or newly designated fire lane. Secondly, he states that given the point that it may be unfair of him to let another property owner serve a benefit for his own property, conversely don't you think it is unfair that the city is essentially taking his property and leaving it of no use for himself for the city's benefit? HECK asks DRURY if the lane is going to be posted? DRURY responds that yes signs will be put in. HECK asks the BOARD, Staff and the Petitioners; if this area coincided with what is platted as an alley, would anyone be able to park there? ZEINEH responds that one can only park for unloading. DRURY states unless it is designated a fire lane. HECK states that the plat shows a public alley. Therefore, the exception being the lone alley way on the south portion of his property is located differently than the other surrounding alley ways. DRURY responds that the other alley ways shown seem to be located further south than the one in question. BENNETT asks WOOD if this condition has existed since the year 1970. WOOD agrees. DRURY asks ZEINEH who paved the alley way? ZEINEH responds that the city refused to pave the alley way so the individual property owners paid a total of $4,000 to do so. ZEINEH asks HECK that if the alley way was installed similar to the other alley ways then would it have served as an appropriate fire lane? Billy J. O'Berry (O'BERRY) says that she does not understand the question. HECK responds that if the original curb cuts were moved ten feet to the south and then put in a new service road. WOOD shows a photo with his drawing overlaid showing the alley moved to the south. HECK asks DRURY if an easement is needed to install or designate a fire lane from existing or new land owners. DRURY responds that easement is not needed. HECK tries to sum up Zeineh's request to remove the designation of the twenty foot wide fire lane on the south portion of his property. ZEINEH agrees. O'BERRY wants clarification stating that ZEINH's request is for the removal of the fire lane designation affecting all of the surrounding properties. ZEINEH responds that he only wants the removal of the designation of the fire lane. HECK states to O'BERRY he understands her comment and asks her if the BOARD has the ability to act on the entire block when the appeal has been on two (2) lots. O'BERRY states the fire lane affects the entire block and it is an all or nothing thing. DRURY verifies that indeed the whole block will be affected. HECK then asks the BOARD if they understand. WOOD responds that he does and asks why they are involved. HECK asks those in attendance if the BOARD has the authority to make a designation on a half a dozen other properties that are not present. WOOD asks generally do we want too. O'BERRY states that any decision made will affect them all. Discussion between the BOARD and ZEINEH involves many scenarios that may or may not be affected by an outcome. James Drake (DRAKE) asks BENNETT if any of these public parking spaces counted as parking places for this property. BENNETT asks ZEINEH if his property is zoned F1? ZEINEH answers yes. BENNETT states he is not a Zoning Administrator but thinks if zoned F1 then those parking spaces are probably counted toward meeting the individual parking requirements for those buildings. BENNETT leaves the meeting to see if Lansing's Zoning Administrator Susan Stackowiak (STACKOWIAK) is available. STACHOWIAK enters the meeting. HECK informs STACHOWIAK as to what the meeting regards. HECK tells STACHOWIAK that DRAKE has raised the scenario that if the alley way were to be reconstructed in the actual platted location there would be approximately twenty four (24) parking places that would be lost. Would there be any effect to the number of required parking places? STACHOWIAK states that the property is in the over--lay district and that would have no effect on parking requirements. WOOD asks STACHOWIAK if she feels the BOARD is the right group to decide this issue. He feels this is a planning issue. STACHOWIAK answers this is not a planning issue. She states there is nothing in the zoning ordinance that mentions fire lanes. WOOD states his concern that the BOARD should not have the authority to rule upon multiple properties regarding the fire lane. He states the he feels the BOARD should only have impact upon one property that has brought its appeal to the BOARD. STACHOWIAK states the BOARD is the right place for this issue. BENNETT states his understanding that the appeal is: has a fire lane been legally established that meets the intent of the fire code by the Fire Marshalls Office at these two (2) properties. The BOARD would decide yes or no. If the BOARD decides yes and makes a truncated fire lane then the Fire Marshal's Office will have to decide how they would deal with that. Conversely, if the BOARD decides no, then the alley way is not designated a fire lane. Therefore how this affects other property owners is a moot issue. WOOD makes a motion to: Deny the request due to established precedence based on the existing fire lane concerning the entire block. Motion seconded by James Drake. Motion carried two (2) to one (one) with Barry Wood and James Drake voting affirmative and Don Heck opposed. Other Business: None Public Comment: None Barry Wood moved to adjourn. Motion seconded by James Drake. Motion passed unanimously. Respectfully submitted, James Bennett, Secretary Draft date: 12/06/2013 Approved date with corrections. 3/11/2014 cc: Mayor's Office Board Secretary City Clerk's Office Building Safety Office Staff Representatives Appeal folders Appeal applicants Public file-original November 26, 2013 To: City Clerk's Office City Council Office City Hall Personnel Mayor's Office From: James Bennett RE: BUILDING BOARD OF APPEALS MEETING CANCELLATION NOTICE The regularly scheduled Building Board of Appeals Meeting forDecember 10, 2013, has been cancelled. The next regularly scheduled meeting will beJanuary 14, 2014, at 2:00 pm in the Conference Room at 316 N. Capitol Avenue, Suite C-3, Lansing, MI. Cc: Board Members (4) Building Safety Lobby Board Secretary Appeal folders Applicants Public file - Original Hometown People.Ibmclawn P-- PUBLIC NOTICE Regular meetings of the Lansing Board of Water and Light Commissioners of the City of Lansing, Michigan, are scheduled to be held at 5:30 p.m., at the Board of Water and Light's Headquarters, REO Town Depot, located at 1201 S. Washington Ave., Lansing, MI 48910, Michigan on the following dates: 2014 Board of Water and Light Commissioners Regular Board Meeting Schedule Tuesday January 28 Tuesday March 25 Tuesday May 27 Tuesday July 22 Tuesday September 23 Tuesday November 18 In the event a special meeting or rescheduled meeting is held, a notice will be posted at the Board of Water and Light Headquarters, 1201 S. Washington Ave., Lansing, Michigan, 48910, at least 18 hours prior to the time of the meeting. Posted by order of the Board of Water and Light Commissioners in conformity with Act 267, PA 1976. BOARD OF WATER AND LIGHT M. Denise Griffin, Corporate Secretary (517) 702-6033 �J'� S I FINANCE DEPARTMENT y (; 124 W.Michigan Ave., 8'h Floor Lansing, Michigan 48933 (517)483-4500 ICHIGP Virg Bernero, Mayor PUBLIC MEETING NOTICE Following is the schedule of meeting dates of calendar year 2014 for the Defined ContributionNEBA Plan: February 6, 2014 May 1, 2014 August 7, 2014 November 6, 2014 These meetings are regularly held in the Finance Conference Room on the 8th Floor of City Hall at 9:00 a.m. "Equal Opportunity Employer" PUBLIC MEETING NOTICE Following is the schedule of meeting dates for calendar year 2014 for both Retirement System Boards: POLICE AND FIRE RETIREMENT SYSTEM (approved) January 21, 2014 February 18, 2014 (JOINT) March 18, 2014 April 15, 2014 May 13, 2014 June 17, 2014 July 15, 2014 August 19, 2014 (JOINT) September 23, 2014 October 21, 2014 November 18, 2014 December 16, 2014 EMPLOYEES' RETIREMENT SYSTEM January 23, 2014 February 20, 2014 March 20, 2014 April 17, 2014 May 15, 2014 (JOINT) June 19, 2014 July 17, 2014 August 21, 2014 September 25, 2014 October 23, 2014 November 20 2014 (JOINT) December 18, 2014 These meetings are regularly held in the City Council Conference Room on the loth Floor of City Hall at 8:30 a.m. Note: Where listed, (Joint) Meeting immediately follows regularly held meetings. NOTICE OF PUBLIC MEETING ELECTRICAL BOARD OF APPEALS Address of Principal Office: 316 N Capitol Avenue, Ste. C-1 Meeting held in the Building Safety Conference Room, Ste. C-2 at 7:00 p.m. SCHEDULE REGULAR MEETINGS OF THE ELECTRICAL BOARD OF APPEALS CALENDAR YEAR 2014 BOA =DATff APPLICATION MEETING TIME PLACE CUT-OFF DATE 316 N. Capitol Ave. January 21 , 2014 1 7:00 P.M. ( p January 1,-2014 Suite C-3 ._.__..............._.... .._._..a_ .__._..............._....._...-..................__....._..__._...�1.___.__._..-___.._._._..:..._.._—____..__ 316 N. Capitol Ave. p I February 18, 2014 7:00 m. Suite C-3 January 29, 2014 1 _.__._..._..__..__._____-................._..__.__. j 316 N. Capitol Ave. I March 18, 2014 7:00 p.m. i Suite C-3 I February 26, 2014 316 N. i Capitol Ave. ' p April 15, 2014 7:00 P.M. Suite C-3 i March 26, 2014 316 N. Capitol Ave. Aril 30, 2014 May 20, 2014 7:00 p.m. Suite C-3 _p 316 N. Capitol Ave. May 28, 2014 i June 17, 2014 7:00 p.m. I Suite C-3 ( y -._.._..._._. ...._...................._...__._..._...._.........................___._..._._._._`__..__.______....___ __. _ - 1316 N. Capitol Ave. ; June 25, 2014 ( July 15, 2014 7:00 p.m. ( Suite C-3 I N. Capitol Ave. August 19, 2014 7:00 p.m. _ Suite C-3 July 30, 2014 ! 316 N. -Capifiol Ave.______�_._______�. I September 16, 2014 7:00 p.m. August 27, 2014 ! ( p f ( Suite C-3 —...... i 316 N. Capitol Ave. p October 1 , 2014 f October 21, 2014 7:00 p.m. Suite C-3 __..__.__._�__�_._._.._._.__._....._......--.--.__._......... --..__...__._.____.._.___._._____ .._.._..__....._,_..____.. ._...� ._._._...-.._._.! .____._.....__._. 1 316 N. Capitol Ave. ( October 29, 2014 November 18, 2014 ( 7.00 p.m. Suite C-3 316 N. Capitol Ave. November 26, 2014 i December 16, 2014 i 7:00 p.m. Suite C-3 ....... ._._.___.---.--.......-----._.__.__-_._...._...._.....__. _.__- _-____..__ _ ,.____ ______.......___..---___...___.________..._.-_____-. Meetings are only held if there is an appeal! DATE SENT: 11/30/13 POSTED AT: x City Clerk's Office x City Council Office x City Hall Lobby Bulletin Board (Personnel) x Building Safety Lobby Entered in meeting calendar NOTICE OF PUBLIC MEETING MECHANICAL BOARD OF APPEALS Address of Principal Office: 316 N Capitol Avenue, Ste. C-1 Meeting held in the Building Safety Conference Room, Ste. C-2 at 2.00 p.m. SCHEDULE REGULAR MEETINGS OF THE BUILDING BOARD OF APPEALS CALENDAR YEAR 2014 BOARD APPLICATION MEETING DATE TIME PLACE CUT-OFF DATE 316 N. Capitol Ave. January 14, 2014 1 7:00 P.M. Suite C-3 j December 26, 20 3 .__._._......_._......_.........__................. i 316 N. Capitol Ave. j February 11, 2014 7.00 p.m. Suite C-3 January 22, 2014 _..... . . �- - - - - - 316 N. Capitol Ave. February19, 2014 March 11, 2014 7:00 p.m. Suite C-3 316 N. Capitol Ave. , March 19, 2014 April 8, 2014 7:00 p.m. Suite C-3 i -.3�16._ N_._....._... ._ � . Capit_ol Ave. i April 23, 2014 May 13, 2014 7:00 p.m. Suite C-3 316 N. Capitol Ave. June 10, 2014 i 7.00 p.m. Su_ite C-3 1 May 21 2014 _ —_...___...._._..._...._._...__.___..._._._....._.._.._...._._.____,_____._.___._.--.--. ._._._ ._._._._._._.____ 3�16 N. Capitol Ave. July 8, 2014 j 7:00 p.m. Suite C-3 June 18, 2014 I 1 ---------____.____.._.— _._...._._..............................._.._......_..........._......._.._.._....._._...._. __.---_.___._._.......... ---..._.____ ._.._ �- 1 316 N. Capitol Ave. j July 23, 2014 August 12, 2014 , 7:00 p.m. I Suite C-3 i i _.__..._...............__.._........_..............----..........._..... _ i-�__...._._....._._..._....__... . 1 1 316 N. Capitol Ave. 1 September 9, 2014 7:00 p.m. i . p I August 20, 2014 } _ Suite C-3_ ._ ._..__.._....................... ._..... 316 N. Capitol Ave. __._._...__ .:- _ __...._.. October 14, 2014 7:00 p.m. -3 I September 24, 2014 I Suite C _ ...._......____.._.._...____.__....._...._a_....._...........______..._._.___.__..___..._._............. __.._. I-� -- -- ----- ----� - 1 316 N. Capitol Ave. October 22, 2014 November 11, 2014 7:00 p.m. ' Suite C-3 I 316 N. Capitol Ave. i November 19, 2014 December 9, 2014 1 7:00 p.m. 1 Suite C-3 ._............._--.--------_._._____�._.__:..:..._____.__-___-__._.-.----__.-.,_.__.._-__.-__........._............_........ __.....____ Meetings are Only held if there is an appeal! DATE SENT: 10/31/13 POSTED AT: x City Clerk's Office x City Council Office x City Hall Lobby Bulletin Board (Personnel) x Building Safety Lobby Entered in meeting calendar NOTICE OF PUBLIC MEETING PLUMBING BOARD OF APPEALS Address of Principal Office: 316 N. Capitol Avenue, Ste. C-1 Meeting held in the Building Safety Conference Room, Ste. C-2 at 7:00 p.m. SCHEDULE REGULAR MEETINGS OF THE PLUMBING BOARD OF APPEALS CALENDAR YEAR 2014 FFBOARD TIME PLACE APPLICATION ETING DATEF CUT-OFF DATE 316 N. Capitol Ave. January 09, 2014 i 7:00 p.m. Suite C-3 ; December 20, 2013 ! ! 316 N. Capitol Ave. February 13, 2014 7.00 p.m. January 24, 2014 Suite C-3 _....._..._.._.._................_.............._.........._.. .........................---.............._....._._._._.._.; .......-- -.................................................................... ._..._...._.._._._..._...._......................._................._.........._... ._...._..............................._........._._.....__....................._......._........._................................_.._......... 316 N. Capitol Ave. February 21 , 2014 March13, 2014 7.00 p.m. S .............. ... .... ........ .... _...... --....._.._.._ ..... --...__....__......_._...__.....__...: April 10, 2014 316 N. Capitol Ave. 7:00 p.m. i March 21 , 2014 SuiteC 31.._........._----........_........._._......_..__........_...__...._......._- i ..............-_-........ _...__.._.--..._...._...__...... May 08 2014 ! 7:00 m. 316 N. Capitol Ave. April 18,2014 y _ Suite C 3 I p � � ..............._..._....._........__.........._.....__.._.._....--..................._.._...................._.__.._....._...._........._........_...__........_.....------..........._....._......._..............---.._,._..._...................__...._......_._........._.....__._.._..._......----.....__...._...._....._._......_�...._...._...........___._.._...__......................................._.......... ....____.........._.._ * j 316 N. Capitol Ave. June 12, 2014 7.00 p.m. Suite G-3 May 23, 2014 I ._....._..................---.._._............................._.............._....._ .................. _..._......__.....---..._.._...._....._.._......._..........._..........._.......................__..........._......._.._..........._._.............................__....__....__........... .....__................._........._.__.........................................._......._..._._........_....._.._.._..................__..... 316 N. Capitol Ave. * July 10, 2014 7.00 p.m. June 20, 2014 Suite C-3 ..._........_........---........_............-----............................_................._.._._,....................._..._............................._._.. ..._.._....__......._.....___...............;...._---...._..._.._................................._.........._.._......... .... ..............._..._......_._............_....._.._.__._....._..._.... _........... _.__.._...__........._._.... 316 N. Capitol Ave. Jul 25 2014 * August 14, 2014 ! 7.00 p.m. Suite C-3 y _..........................._..._............_......._....._..._-....................._....._..---........_.......--.._.........._..._........._....................__......._........._................_.._._..__............,...._................._......._._.. ..._.._._.._............-........_.................._._......_._._..__..__.............._....._........_... ... ....... ___. ..... ..... 316 N. Capitol Ave. September 11 , 2014 i 7.00 p.m. Suite C-3 August 22, 2014 :...... ....................... . ...................._. ............._............_.__..........._.._..._................._................... ............_.........._....._._..- ._...._.._.._........._................._.__............... .. ..............._..._......_.........................._........_....__...................._.__...._.._.........._....._....._...................._.. - 316 N. Capitol Ave. October 09, 2014 i 7:00 p.m. Suite C-3 ........ . . ..............._..__........... November 13, 2014 1 7:00 p.m. 1316 N. Capitol Ave. October 24, 2014 Suite C-3 _..._.._.........._.: ._._....._ ......._..............................._..............................._........._._ .._.-.._..._..._ _......_................_.__....._............._.. ..... -- ..---_.....---_._ __ ..._.....__...___._ 316 Capitol Ave. December 11 , 2014 i 7:00 m. N November 21 2014 p Suite C-3 * Summer Break, Special Meeting will be posted if necessary! POSTED AT: DATE SENT: 11/30/13 x City Clerk's Office x City Council Office x City Hall Lobby Bulletin Board (Personnel) x Building Safety Lobby Entered in meeting calendar °' ` f'"�'Sf��, DEPARTMENT OF PLANNING AND NEIGHBORHOOD DEVELOPMENT 316 N. Capitol Avenue,Suites C 1 • Lansing MI 48933-1238 (517)483-4355• FAX: (517)377-0169 4jJC'1 11L, BUILDING SAFETY OFFICE Virg Bernero, Mayor December 23, 2008 To: City Clerk's Office City Council Offices 5; C m City Hall - Personnel Mayor's Office =c rn From: Dave Burton rn RE: '-D�_L 5 PLUMBING BOARD OF APPEALS MEETING CANCELLATION NOTICE The regularly scheduled Plumbing Board of Appeals Meeting for Thursday, November 14, 2013, has been cancelled. The next regularly scheduled meeting will be Thursday, December 12, 2013, at 7.00 pm in the Conference Room at 316 N. Capitol Ave., Suite C- 3, Lansing, Michigan. cc: Board Members (6) Building Safety Lobby Board Secretary Staff Representatives Appeal folders Applicants Public file-Original DEPARTMENT OF PLANNING AND NEIGHBORHOOD DEVELOPMENT Y 316 N.Capitol Avenue, Suites C 1 • Lansing MI 48933 1238 (517)483-4355•FAX: (517)377-0169 BUILDING SAFETY OFFICE Virg Bernero, Mayor November 22, 2013 To: City Clerk's Office City Council Offices City Hall Personnel Mayor's Office, From: Brian Shields RE: MECHANICAL BOARD OF APPEALS MEETING CANCELLATION NOTICE The regularly scheduled Mechanical Board of Appeals Meeting for Tuesday December 10, 2013, has been cancelled. The next regularly scheduled meeting will be Tuesday, January 14, 2014, at 7:00 pm in the Conference Room at 316 N. Capitol Ave., Suite C-3, Lansing, Michigan. cc: Board Members (4) c/ Building Safety Lobby Board Secretary c i Appeal folders Applicants Public file - Original N tit Z cry -. GU ,,A'sf� DEPARTMENT OF PLANNING AND NEIGHBORHOOD DEVELOPMENT 316 N.Capitol Avenue, Suites C-1 • Lansing MI 48933-1238 r— (517)483-4355• FAX: (517)377-0169 TIP C'I 11G � BUILDING SAFETY OFFICE y Virg Bernero, Mayor n Q .0 September 16, 2009 C� c►� To: City Clerk's Office La City Council Offices Gn City Hall Personnel Mayor's Offic A �`' From: Brian Shields RE: MECHANICAL BOARD OF APPEALS MEETING CANCELLATION NOTICE The regularly scheduled Mechanical Board of Appeals Meeting for Tuesday November 12, 2013, has been cancelled. The next regularly scheduled meeting will be Tuesday, December 10, 2013, at 7.00 pm in the Conference Room at 316 N. Capitol Ave., Suite C-3, Lansing, Michigan. cc: Board Members (4) Building Safety Lobby Board Secretary Appeal folders Applicants Public file - Original ti D)iC' Department of Planning and Neighborhood Development 316 N.Capitol Ave.,SuiteC-1—Lansing,MI 48933-1238—(517)483-4355—Fax(517)377-0169 Robert Johnson,Director www.cityoflansingmi.com Virg Bernero,Mayor Building Safety Office October 24, 2013 The regular meeting of the BUILDING BOARD OF APPEALS will be held on Thursday, November 12, 2013, at 2:00 p.m. in the conference room located in the Building Safety Office at 316 N. Capitol Avenue, Suite C-1, Lansing, Michigan 48933. MEETING AGENDA tr' ra Roll Call: _' -' Excused Absences: C�1 Approval of Minutes: Approval of the June 26, 2013 Special Meeting. --1 -< -< R In Old Business: Report from Staff on disposition of 203/205 S. Washington Square. ram co, C:) M .G New Business: Case No: Address: Petitioner: BBA-004-2013 2006/2010 East Michigan E L Investment Properties Other Business: Public Comment: Adjournment: IT IS ANTICIPATED THAT EACH APPROXIMATELY T 2 MINUTES. THEREFORE,THOSE INTERESTED N THE APPEALS SHOULD 01, L/k`1`S'�c, DEPARTMENT OF PLANNING AN D HI NEIGHBORHOOD DEVELOPMENT 316 N. Capitol Avenue,Suites C-1 • Lansing MI 48933-1238 (517)483-4355. FAX: (517)377-0169 ,tirc,,i-r�cP� Virg Bernero, Mayor BUILDING SAFETY OFFICE OFFICIAL PROCEEDINGS OF THE CITY OF LANSING BUILDING BOARD OF APPEALS Held at 316 N. Capitol Ave. at 2.00 pm Special Meeting June 26, 2013 The June 26, 2013 special meeting of the City of Lansing Building Board of Appeals was called t6..order at 2:05 PM. by Chairman Don Heck. The following members were in attendance: = Don Heck, Chairman James Drake, Vice Chairman Barry Wood Chad Powers Members Absent: None Staff Present: James Bennett, Secretary Brad Drury, Fire Marshal Jon Snyder, Plan Review Analyst Steve Swan, Chief Building Inspector Petitioners Present: Jerome Abood Public Present: None Chairman Don Heck asked for the approval of the June 11, 2013 minutes. Barry Wood made a motion to approve the minutes. Motion seconded by James Drake. Motion carried unanimously. Old Business: None New Business: Case No.: Address: Petitioner: BBA-003-2013 203/205 S Washington Sq. Jerome Abood Chairman Don Heck introduced the petitioner Jerome Abood and asked him to explain the nature of the appeal. Mr. Abood admitted that he had constructed a roof over the rear portion of his property without plan review or a permit and was issued a violation notice for the construction. He then included the construction in a subsequent submission of construction drawings and application for plan review relating to alterations to the front fagade and interior of the building. Mr. Bennett stated that the plans have been approved for the fagade and interior alterations but that the rear roof did not comply with the code. The building safety office would issue the permit for those renovations once the matter of the roof was resolved. An order for the removal of the roof structure had been issued. In addition the roofed area has been used for storage of combustible and other materials and on a number of occasions the Fire Marshal and Building inspector have found the stored materials to be obstructing egress. Mr. Abood stated that he would be satisfied if the Board would table his appeal to give him time to work out an acceptable solution to the code issues for the roof. Mr. Bennett stated that this has been an ongoing issue since October of 2012 and it is difficult to believe that any solution could be proposed in the next few weeks that could not have been submitted in the previous eight months. Further is was the opinion of Mr. Bennett and Mr. Swan that any retrofit solution would require the dismantling of the structure to such an extent that it would have to be essentially removed anyway. Mr. Drury stated that the storage within the roofed area was a significant concern of the Fire Department. Mr. Wood stated that he had visited the site and was also concerned about the storage and the presence of numerous cigarette butts in the area indicating that patrons were using it as a smoking area. Mr. Abood again expressed his desire that the Board table his appeal. Mr. Drury expressed his concern that if the appeal was tabled the storage still needed to be removed and a time frame set for that to occur. Mr. Wood moved that the appeal be tabled until the regularly scheduled meeting in August, provided that all the stored materials are removed within 48 hours from the area in question. Mr. Powers seconded the motion. Motion carried unanimously. Other Business: None Public Comment: None Barry Wood moved to adjourn. Motion seconded by James Drake. Motion passed unanimously. Respectfully submitted, James Bennett, Secretary Draft date: 6/27/2013 Approved date: cc: Mayor's Office Board Secretary City Clerk's Office Building Safety Office Staff Representatives Appeal folders Appeal applicants Public file-original 0� 1A``'s'1c, 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 PROCEEDINGS OF THE CITY OF LANSING BUILDING BOARD OF APPEALS Held at 316 N. Capitol Ave. at 2:00 pm June 11 , 2013 The June 11, 2013 meeting of the City of Lansing Building Board of Appeals was called to order at 2:05 PM. by Vice Chairman James Drake. The following members were in attendance: James Drake, Vice Chairman Barry Wood Chad Powers Members Absent: Excused Absence — Don Heck, Chairman Staff Present: James Bennett, Secretary Brad Drury, Fire Marshal Jon Snyder, Plan Review Analyst ' Petitioners Present: Clair Lindemann & Liz Harrow Public Present: None Vice Chairman James Drake asked for the approval of the May 12, 2013 minutes. Barry Wood made a motion to approve the minutes. Motion seconded by Chad Powers. Motion carried unanimously. Old Business: None New Business: Case No.: Address: Petitioner: BBA-002-2013 1232 Turner St. Clair Lindemann Vice Chairman James Drake introduced the petitioner Clair Lindemann and asked him to explain the nature of the appeal. Mr. Lindemann presented a letter outlining the challenges of his proposed project to add a second floor residential unit addition to the existing single story commercial building creating a mixed use building. After discussion between the Board, Staff, and the Petitioners; Mr. Lindemann stated that he thought he could at least sprinkle the residential portion of the building with a NFPA 13D sprinkler system as well as provide local fire detection and notification. Chad Powers made a motion that the appeal be granted to not require the entire building to be fire suppressed with the following conditions; 1. Fire separation of at least one hour is provided between the residential and commercial spaces including the garage. 2. The commercial portions of the building including the garage are to be equipped with smoke detection with local alarm to the residential areas. 3. The residential space shall be fire suppressed with a sprinkler system meeting the requirements of NFPA 13D. Motion seconded by Barry Wood. Motion carried unanimously. Other Business: Approval of"Building Board of Appeals Rules of Administrative Procedure". Mr. Bennett explained that the last rules were last updated and approved in 1993 and referenced the 1982 edition of the Uniform Building Code. This as well as other items required to be included in the Rules by City Charter necessitated the revision. The new Rules have been approved as to form by the City Attorney. Barry Wood moved to approve the revised "Building Board of Appeals Rules of Administrative Procedure". Motion was seconded by Chad Powers. Motion carried unanimously. Public Comment: None Barry Wood moved to adjourn. Motion seconded by Chad Powers. Motion passed unanimously. Respectfully submitted, James Bennett, Secretary Draft date: 6/19/2013 Approved date: cc: Mayor's Office Board Secretary City Clerk's Office Building Safety Office Staff Representatives Appeal folders Appeal applicants Public file-original `'' r.•�1`�'s .�� DEPARTMENT OF PLANNING AND C, 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 PROCEEDINGS OF THE CITY OF LANSING BUILDING BOARD OF APPEALS Held at 316 N. Capitol Ave. at 2:00 pm March 12, 2013 The March 12, 2013 meeting of the City of Lansing Building Board of Appeals was called to order at 2,05 PM. by Chairman Don Heck. The following members were in attendance: Donald Heck, Chairman James Drake, Vice Chairman Barry Wood Chad Powers Chairman Heck took a moment of personal privilege to welcome Mr. Powers to the Board . Members absent: None Staff Present: James Bennett, Secretary Brad Drury, Fire Marshal Brenda Jodway, Recording Secretary Jon Snyder, Plan Review Analyst Petitioners Present: Mr. Al Meredith, representing Neogen Corporation Public Present: None Chairman Heck asked for the approval of the January 22, 2013 minutes. James Drake made a motion to approve the minutes. Motion seconded by Barry Wood. Motion carried unanimously. Old Business: None New Business: Mr. Meredith was late to the meeting, but had been contacted by phone and he indicated he was on his way. Mr. Heck suggested the Board move on to Other Business while waiting. There were no objections and the Board moved to Other Business. Case No.: Address: Petitioner: BBA-001-2013 522 Lesher Place Neogen Corporation. Chairman Heck introduced the petitioner Al Meredith and asked him to explain the nature of the appeal. Mr. Meredith explained that Neogen was rehabilitating the house at 522 Lesher Place as a rental dwelling to house interns that work for the company for limited periods of time. Neogen has done this with a number of other houses in the neighborhood. During the rehabilitation they decided to convert an existing first floor closet to a half bath (toilet and sink). At final inspection the plumbing inspector noted that the corner mounted sink did not have the code required clearance of 21 inches in front of the sink. The Board questioned Mr. Bennett on the code issues and the Building Safety Office's (BSO) position on the matter. Mr. Bennett stated that the work was not included in the original applications for Building or Plumbing permits and was therefore not approved at the design stage of the project. Mr. Wood used the drawing submitted by Neogen to sketch what he understood the code requirement to be. Mr. Bennett concurred with his assessment. Mr. Wood noted that while the required area overlapped the toilet, the room provided space for a functional side approach to the sink. Motion was made by Barry Wood to approve the petitioner's request due to the fact for using a corner lavatory. Motion was seconded by James Drake. The motion carried unanimously. Other Business: Reappointment of Barry Wood to another term: Mr. Wood's term expires at the end of June 2013. The Board asked Mr. Wood if he was willing to serve another term. Mr. Wood replied that he was. Mr. Bennett will inform the Clerk's Office and the Mayor's Office to start the reappointment process. Update BBA Rules of Administrative Procedure Mr. Bennett explained that the last rules were last updated and approved in 1993 and referenced the 1982 edition of the Uniform Building Code. This as well as other items required to be included in the Rules by City Charter necessitated the revision. However the new Rules have to be approved as to form by the City Attorney. The new Rules have been submitted to them but they have not concluded their review. Mr. Drake moved to table the Rules update until approved by the City Attorney. Motion seconded by Mr. Wood. Motion carried unanimously. Mr. Meredith had arrived so the Board returned to New Business. Public Comment: None 2:39 PM. James Drake moved to adjourn. Motion seconded by Chad Powers. Motion passed unanimously. Respectfully submitted, James Bennett, Secretary Draft date: 3/14/2013 Approved date: June 11, 2013 cc: Mayor's Office Board Secretary City Clerk's Office Building Safety Office Staff Representatives Appeal folders Appeal applicants Public file-original BUILDING BOARD OF APPEALS RULES OF ADMINISTRATIVE PROCEDURE The Building Board of Appeals(Board)shall meet on the second Tuesday of each month,providing the secretary of the Board has on file,appeals and/or other business to be brought before the Board. Cancelations of meetings shall be posted and filed with the City Clerk. All meetings of the Board-shall be open to the public.The public shall be given an opportunity to speak on matters before the Board. The function and duties of the Board are prescribed in Section 14 of the Stille-DeRossett-Hale Single State Construction Code Act,Public Act 230 of 1972(MCL 125.1514), and local ordinance.The Board shall consist of not less than three(3)members or more than seven(7)members. The Chief Plan Review Analyst, or their designee,and the Fire Marshal,or their designee,shall serve as technical staff to the Board with voice but not vote in the proceedings of the Board. The Board shall elect a Chairperson and Vice-Chairperson at the first meeting of each calendar year to serve until the election of new officers at the first meeting of the following calendar year.The Chief Plan Review Analyst,or their designee, shall serve as the Board Secretary Meetings shall be,conducted using"Robert's Rules of Order". A quorum of the Board shall be three(3)voting members. _ Special meetings may be called when all members of the Board and Applicant(s) are notified of such meetings by the Secretary of the Board.Notice of a special meeting shall be posted in the Building Safety_: Office and filed with the City Clerk not less than 24 hours prior to the meeting. The Secretary of the Board shall keep the minutes of all Board meetings. Minutes,resolutions, and determinations of the Board shall be a part of the public record and placed on file with the City Clerk. All appeals for variance or exception from the Michigan Building Code or the Michigan Residential Code,must be filed,with the filing fee as shown in the building permit fee schedule and approved by City Council, hi the Building Safety Office not later than twenty(20)calendar days before the regularly scheduled hearing date.A schedule of regular hearing dates and filing deadlines shall be posted in the Building Safety Office Notice of the hearing shall be given to the Board Members,AppIicant(s), and other interested persons by regular mail not less than ten (10) days prior to the hearing date. The affirmative vote of a majority of the members of the Board present and voting is required on all matters to come before the board. A board member may be removed from the board after three(3)unexcused absences in a calendar year by vote of the board. APPR.D V D AS TO FORM L4pAct4o c.Y CITY ATTORNEY ,/s1�3 01 �►� I � ��g BUILDING BOARD OF APPEALS RULES OF ADMINISTRATIVE PROCEDURE The Building Board of Appeals(Board)shall meet on the second Tuesday of each month,providing the secretary of the Board has on file,appeals and/or other business to be brought before the Board. Cancelations of meetings shall be posted and filed with the City Clerk: All meetings of the Board-shall be open to the public.The public shall be given an opportunity to speak on matters before the Board. The function and duties of the Board are prescribed in Section 14 of the Stille-DeRossett-Hale Single State Construction Code Act,Public Act 230 of 1972(MCL 125.1514), and local ordinance.The Board shall consist of not less than three(3)members or more than seven(7)members. The Chief Plan Review Analyst, or their designee,and the Fire Marshal,or their designee,shall serve as technical staff to the Board with voice but not vote in the proceedings of the Board. The Board shall elect a Chairperson and Vice-Chairperson at the first meeting of each calendar year to serve until the election of new officers at the first meeting of the following calendar year.The Chief Plan Review Analyst,or their designee, shall serve as the Board Secretary Meetings shall be conducted using"Robert's Rules of Order". A quorum of the Board shall be three(3)voting members. Special meetings may be called when all members of the Board and Applicant(s) are notified of such meetings by the Secretary of the Board.Notice of a special meeting shall be posted in the Building Safety Office and filed with the City Clerk not less than 24 hours prior to the meeting. i The Secretary of the Board shall keep the minutes of all Board meetings.Minutes,resolutions, and determinations of the Board shall be a part of the public record and placed on file with the City Clerk. All appeals for variance or exception from the Michigan Building Code or the Michigan Residential Code,must be filed,with the filing fee as shown in the building permit fee schedule and approved by City Council, in the Building Safety Office not later than twenty(20)calendar days before the regularly scheduled hearing date. A schedule of regular hearing dates and filing deadlines shall be posted in the Building Safety Office Notice of the hearing shall be given to the Board Members,Applicant(s), and other interested persons by regular mail not less than ten (10)days prior to the hearing date. The affirmative vote of a majority of the members of the Board present and voting is required on all matters to come before the board. A board member may be removed from the board after three(3)unexcused absences in a calendar year by vote of the board. APPROVED VED AS TO FORM CITY ATTORNEY S 1 Department .o4f.Planning and Neighborhood Development 316 K Capitol Ave.,Suite C-1—Lansing,MI 48933-1238—(517)483-4355—Fax(517)377-0169 I �~ Robert Johnson,Director C H t www.cityoflansingmi.com Virg Bernero,Mayor Building Safety Office October 9, 2013 To: City Clerk's Office -"' City Council Office City Hall Person iel Mayor's Office From: James Bennett RE: BUILDING BOARD OF APPEALS SPECIAL MEETING CANCELLATION NOTICE The Special Building Board of Appeals Meeting scheduled for October 10, 2013, has been cancelled. The petitioner has requested a postponement. The next regularly scheduled meeting will be November 12, 2013, at 2:00 pm in the Conference Room at 316 N. Capitol Avenue, Suite C-3, Lansing, MI. Cc: Board Members (4) Building Safety Lobby Board Secretary Appeal folders Applicants Public file - Original G, DEPARTMENT OF PLANNING AND NEIGHBORHOOD DEVELOPMENT 316 N.Capitol Avenue, Suites C-1 • Lansing MI 48933-1238 (517)483-4355•FAX: (517)377-0169 1 CI 11c,Ph BUILDING SAFETY OFFICE Virg Bernero, Mayor July 30, 2013 j To: City Clerk's Office '7 City Council Offices ` City Hall Personnel Mayor's Office From: Brian Shields K, RE: MECHANICAL BOARD OF APPEALS MEETING CANCELLATION NOTICE The regularly scheduled Mechanical Board of Appeals Meeting for Tuesday, August 13, 2013 has been cancelled. The next regularly scheduled meeting will be Tuesday, September 10, 2013 at 7,00 pm in the Conference Room at 316 N. Capitol Ave., Suite C-3, Lansing, Michigan. cc: Board Members (4) Building Safety Lobby Board Secretary Appeal folders Applicants Public file- Original C'Y L!A`�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 HIGI BUILDING SAFETY OFFICE Virg Bernero, Mayor Date: January 28, 2013 To: City Clerk's Office City Council Offices City Hall Personnel Mayor's Office From: James Bennett RE: BUILDING BOARD OF APPEALS MEETING CANCELLATION NOTICE The regularly scheduled Building Board of Appeals Meeting for Tuesday, February 12, 2013, has been cancelled. The next regularly scheduled meeting, if there is an appeal, will be Tuesday, March 12, 2013 at 2:00 pm in the Conference Room at 316 N. Capitol Ave., Suite C-3, Lansing, Michigan. r� CD a cc: Board Members (4) Building Safety Lobby -7 Board Secretary Appeal folders Applicants Public file - Original `'l 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 January 23, 2013 OFFICIAL PROCEEDINGS OF THE CITY OF LANSING PLUMBING BOARD OF APPEALS Held at 316 N. Capitol Ave. at 7:00 pm JANUARY 10, 2013 MEMBERS PRESENT: EMMETT KELLY, TIM WAITE MEMBERS ABSENT: BILL POND, STEVE RECK, JEREMY A GARZA STAFF PRESENT: FRANK EIROSIUS, SR., CHIEF PLUMBING INSPECTOR With absences, there were not enough Plumbing Board members present to make a quorum. Therefore, no official business was conducted. Drain Layers Exam Plumbing Board Members present interviewed Doug Willeman, Tom Lints, David Kronemeyer and Rick Haslock and found them qualified to take the drain layers exam. Rick Haslock took the drain layers exam and scored 82%. � Old Business: None New Business: None Next Plumbing Board meeting will be February 14, 2013 at 7:00 p.m. ' Respectfulty-submitted; r Eiroslus, Sr. r: Ief Plumbing Inspector/Secretary Draft date: January 23, 2013 Approved date: cc: Mayor's Office Board Secretary City Clerk's Office Staff Representatives Public file—original