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HomeMy WebLinkAboutMINUTES Estes Park Board of Appeals 2017-02-09RECORD OF PROCEEDINGS Estes Park Board of Appeals 1 February 9, 2017 Board Room, Estes Park Town Hall Commission: Brad Klein, John Spooner, Joe Calvin, Don Darling, Tony Schiaffo Attending: Chair Spooner, Members Klein, Calvin, Darling, and Schiaffo Also Attending: Chief Building Official (CBO) Will Birchfield, Community Development Director Randy Hunt, Building Inspector Claude Traufield, Plans Examiner Charlie Phillips, Building Permit Technician Jacki Wiedow, Larimer County Building Official Eric Fried, Recording Secretary Karen Thompson Absent: None The following minutes reflect the order of the agenda and not necessarily the chronological sequence. There were approximately 30 people in attendance. Chair Spooner called the meeting to order at 4:00 p.m. Each Board member introduced himself and provided their area of expertise. CONSENT AGENDA Minutes from December 8, 2016 Board of Appeals meeting. It was moved and seconded (Calvin/Darling) to table the minutes to the next meeting and the motion passed unanimously. ELECTION OF OFFICERS It was moved and seconded (Calvin/Klein) to nominate Member Darling for the position of Chair and the motion passed unanimously. It was moved and seconded (Schiaffo/Calvin) to nominate Member Calvin for the position of Vice - Chair and the motion passed unanimously. The newly elected officers will begin their terms at the next Board of Appeals meeting. Member Darling recused himself from the next item on the agenda. PURPOSE OF MEETING Chair Spooner explained the purpose of the Board of Appeals (BOA). The BOA consists of members that are experts in their field. Normally, the BOA would be addressing issues related to an interpretation of the code applied by the Chief Building Official. The BOA is the avenue for appeals of those decisions. The BOA only deals with issues within the town limits. Larimer County has their own BOA. The Town Board is the decision -making body for any BOA recommendations. The Town Board has provided direction to the Board of Appeals regarding single-family dwellings, vacation homes, and hotels, as they relate to the 2015 International Building Codes. This follows the adoption of regulations for vacation homes in the Estes Valley Development Code, which took effect December 16, 2016. CBO Birchfield stated there are certain situations where the International Residential Code is in conflict with the International Building Code with buildings occupying more than eight individuals. Common ground needs to be found in order to move forward with regulating single-family dwellings, vacation homes, and hotels. The governing body for building code regulations is the Town Board, and any amendments shall be voted on and approved in order for them to be adopted and implemented. The area outside the town limits but within the unincorporated Estes Valley is under the jurisdiction of the Larimer County Building Department, and the governing body is the Larimer County Board of County Commissioners. They are in the process of working through some of the same issues. CBO Birchfield reviewed the presentation that is posted on the Town website at www.estes.org/BoardOfAppeals. 1st Proposed Amendment: RECORD OF PROCEEDINGS Estes Park Board of Appeals 2 February 9, 2017 Board Room, Estes Park Town Hall Approximate time 20:00. First proposed local amendment adds definitions for the following: Transient; Hotel; Small Hotel; Vacation Home Occupant Load; Vacation Home; Large Vacation Home; and Accessory Dwelling Unit (ADU). He noted these definitions would only apply to the International Residential Code. Other amendments to the International Building Code would need to be made to align with the IRC. Public Comment Blake Robertson/town resident spoke about the need to be aware of local amendments Paul Brown/town resident inquired as to whether or not there was a maximum number of occupants. CBO Birchfield stated it depended how the building was designed. George Leonard/county resident inquired about the building codes as related to change of use permits Ken Arnold/town resident had questions about the two per bedroom plus two. Public Comment closed. 2nd Proposed Amendment: Approximate time 52:00. CBO Birchfield stated this amendment would add additional exceptions to the scoping provisions of the IRC. Director Hunt explained the regulations pertaining to vacation homes for occupants of nine or more. 3rd Proposed Amendment: Approximate time 1:09:00. This proposed amendment deals with automatic fire sprinkler systems. CBO Birchfield stated the proposed amendment follows the Town board direction to not require sprinklers in one- and two-family dwellings. Public Comment George Leonard inquired about homes not yet under construction. Jim Docter inquired about how the proposed regulations would apply to an existing home that could sleep more than eight. Frank Theis stated future development in accommodations zone districts would depend on the size of the building as far as sprinklers goes. Eric Fried, Larimer County Chief Building Official shared his interpretation of the county vacation homes regulations as they relate to the building codes. He explained this item was still being discussed with the Larimer County Board of County Commissioners. Public comment closed. 4th Proposed Amendment: Approximate time 1:25:40. This proposed amendment adds the Vacation Home Life Safety Surveys. Proposal is to allow two years for property owners to have life safety surveys completed and approved. Staff and Member Discussion Approximate time 2:00:00. Comments included but were not limited to: Staff needs additional clarification from the Town Board regarding exit signs; the 1600 square foot limitation would come into play in a non-residential zone; if it was larger than 1600 square feet, it would have to be regulated by the IBC and sprinkled; the 1600 square foot limitation does not include garage area; the proposed amendments are far easier and less restrictive than what was discussed in the past; we need to consider the reputation of Estes Park, and it is only a matter of time before a fire occurs in a vacation home; life safety is very important, and there were concerns about the long-term ramifications of less strict regulations. RECORD OF PROCEEDINGS Estes Park Board of Appeals February 9, 2017 Board Room, Estes Park Town Hall Public Comment Paul Brown stated an inspection list would be helpful prior to the official inspection. Tony Schetzsle/town resident appreciated the concern for life safety. Sharry White/town resident requested Member Calvin's comments be carried forward to the Town Board. Director Hunt stated the Board of Appeals could meet one more time before going to the Town Board study session in March 14th (tentative date). CBO Birchfield stated the Board of Appeals will need to provide a recommendation prior to going to the Town Board and Estes Valley Fire Protection District. Public comment closed. Staff and Member Discussion Approximate time 2:17:00. Discussion occurred related to the vacation home chart regarding business use and proposed code amendments. Existing construction means prior to 2017. Director Hunt stated there would be a very small group of vacation homes for nine and more in residential zone districts. CBO Birchfield will meet one-on-one with Member Calvin to provide commentary on the spreadsheet. Member comments included but were not limited to: the proposed amendments seem to be fair and equitable; they would like to see more strict regulations regarding sprinkler systems. It was moved and seconded (Calvin/Klein) to accept the proposed amendments in concept, and if there are errors in conception, error on the side of being more restrictive. The motion passed unanimously. The next meeting is scheduled for March 2, 2017. CBO Birchfield stated the proposed building code amendments are a living document and will continue to change as comments and feedback are provided. Director Hunt stated these amendments are overwhelming, and questions are expected. Please contact staff with your questions. Walk-in customers are always welcome, but appointments would be appreciated. There being no additional business, the meeting was adjourned at 6:31 p.m. n Spooner, Chair 7are, 7..T n Thompson, ecor ' g Secre