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HomeMy WebLinkAboutMINUTES Estes Park Board of Appeals 2003-09-05RECORD OF PROCEEDINGS Regular Meeting of the Estes Valley Board of Appeals September 5, 2003, 8:00 a.m. Board Room, Estes Park Municipal Building Board: Attending: Also Attending: Absent: Chair Kerry Prochaska, Members Steve Lane and Karl ErtI Prochaska, Lane, ErtI Attorney White, Chief Building Official Birchfield and Recording Secretary Williamson None Attorney White called the meeting to order at 8:00 a.m. The following minutes reflect the order of the agenda and not necessarily the chronological sequence. 1. ELECTION OF CHAIR It was moved and seconded (Lane/ErtI) that the Kerry Prochaska be appointed chair and it passed unanimously. It was moved and seconded (Ertl/Prochaska) that the Steve Lane be appointed vice chair and it passed unanimously. 2. ADOPTION OF RULES AND PROCEDURE It was moved and seconded (Lane/ErtI) that the Rules and Procedure for the Board of Appeals be adopted and it passed unanimousiy. 3. APPOiNTMENT OF RECORDING SECRETARY It was moved and seconded (Lane/Prochaska) that the Community Development Secretary be appointed as the recording secretary and it passed unanimously. 4. APPEAL OF ZAHOUREK CONSERVATORY LLC OF NOTICE AND ORDER #01 2003. JULY 16. 2003 Will Birchfield, Chief Building Official for the Town of Estes Park, was present and gave a presentation regarding the issuance of Notice and Order 01-2003 issued on July 16, 2003. He stated that Chapter 14 of the Municipal Code empowers and directs the Chief Building Official to enforce all the building codes adopted by the Town, which includes the 1997 Uniform Building Code and the 1997 Uniform Code for the Abatement of Dangerous Buildings. He stated the purpose is to ensure public safety. Mr. Birchfield stated that as a member of the volunteer fire department he responded to a call regarding a structure fire at the Elkhorn Lodge on June 10, 2003. Upon arriving on site, he discovered hundreds of feet of exposed gas piping lying on top of the ground. The gas pipe was later determined to be the cause of the fire. Mr. Birchfield’s supervisor. Bob Joseph, had a meeting with Mr. Zahourek regarding the life safety issues on the property and the need for the Chief Building Official to inspect the property. Mr. Birchfield reviewed the letter Mr. Joseph wrote to Mr. Zahourek. Mr. Birchfield advised that he received a directive from the Town to inspect the property, which he did with the aid of the State Electrical Inspector, County Health Inspector and the Estes Park Fire Chief. He reviewed the letter he sent to Mr. Zahourek after performing the site inspections. Mr. Birchfield reviewed Section 3401, Section 3402, and Section 3403.5 of the 1997 Uniform Building Code. He reviewed the concept of legally nonconforming and the term historic building. He RECORD OF PROCEEDINGS Estes Valley Board of Appeals 2 September 5, 2003 stated the code gives the Building Official full discretion to determine which requirements of the code must be met for a historic building to continue its use. Mr. Birchfield advised the Elkhorn Lodge is not exempt from obtaining building permits and inspections: all unsafe conditions must be abated; structures and all their parts must be properly maintained: and only the building official is authorized to approve nonconformance to the requirements of adopted codes. He stated there is site evidence and file documentation that work has been routinely performed without obtaining required permits and inspections. The cumulative total of the serious health, fire and life safety violations require that the public safety be protected. The Town is not asking the property owner to bring the property up to the current code. The Town is simply asking that proper maintenance be performed in order to make the property safe for the public. Mr. Birchfield stated that Notice and Order 01-2003 closed the Main Lodge building. Mr. Zahourek has since performed required maintenance and repairs, and has hired an electrician that provided a letter stating there are no imminent life safety issues at the Main Lodge building. The Main Lodge has been reopened to the public. Mr. Birchfield advised the appeal of Notice and Order 01-2003 has subsequently placed a hold on the other 27 Notices and Orders for this property until the Board makes its determination. If the Board finds in favor of staff, the Notices and Orders go back into affect. Jerry Zahourek, 600 W. Elkhorn, was present to represent the Elkhorn Lodge. He stated the Elkhorn was approved by Congress as a National Historical District in 1977. He stated when he bought the property in 1991 the kitchen and laundry facilities were in disrepair along with the failure of 5 roofs on the property. He advised they repaired the kitchen and laundry along with the 5 roofs. He does not recall if they had permits. Mr. Zahourek reviewed Section 3402 of the 1997 Uniform Building Code. He stated the code requires that all devices or safeguards shall be maintained with the code edition under which they were installed. He stated 99 percent of the items the Chief Building Official has issue with, were done 100 years ago when there was no code. Therefore, there are no code requirements for the maintenance of this equipment. He stated the 1997 Uniform Building Code protects historical building by requiring maintenance of the facilities under the code in which it was installed. Mr. Zahourek reviewed Section 3403 of the 1997 Uniform Building Code which states a restored building or structure will be no more hazardous based on life safety, fire safety and sanitation than the existing building. He stated this is an admission by the code that historical buildings are inherently dangerous. He advised that historical buildings have different hazards than modern buildings. He feels the Town has misapplied the 1997 Uniform Building Code and the 1997 Uniform Code for the Abatement of Dangerous Buildings. Mr. Zahourek stated that Section 3402 of the 1997 Uniform Building Code protects the Elkhorn Lodge from meeting today’s standards. Chair Prochaska called for a recess at 10:00 a.m. Chief Building Official Birchfield gave his rebuttal. He stated the current code was used to show that there were numerous code issues. He advised the code states not all the requirements need to be brought up to current standards. Mr. Birchfield stated that the Notices and Orders are not requiring the Elkhorn Lodge to come up to the 1997 Uniform Building Code standards. The code requires that proper maintenance be performed and that life safety issues be addressed. Mr. Zahourek stated to apply today’s standard to an historic building will put the Elkhorn Lodge out of business. He does not feel it is fair or reasonable to shut down a building based on non life threatening issues. He believes these standards are too stringent to apply to an historic building. RECORD OF PROCEEDINGS Estes Valley Board of Appeals September 5, 2003 Public Comment None. Board Member Lane stated the life safety issues need to be addressed, and expense does not absolve anyone from performing necessary maintenance. He stated there may not be imminent life threatening issues at the Elkhorn Lodge; however it seems many of these issues could be corrected without substantial cost, reducing the life safety issues. He feels each of the violations illustrated by the 28 Notices and Orders only exasperate the problem. He stated the Building Official has the right to ask that the life safety issues be repaired. Chair Prochaska stated the code does not concern itself with cost or time frame with regard to code compliance. It does specificly address life safety. He advised that safety is first and foremost within the code. It was moved and seconded (Lane/ErtI) this appeal be denied and that Notices and Orders 01-2003 through 28-2003 issued by the Chief Building Official be upheld and the motion passed unanimously. 5. REPORTS None. There being no further business. Chair P a.m. Ijourned the meeting at 10:47 erfy/Prochaska,Chair Williamson, Recording Secretary J^qu^n Wil