Minutes 04-06-70P~S~
Robert t{ueston ~ Cqairman
Ezel! Hester, Vice Chsirman
Wi]!~am H. Yates
Bimh=~rd Dou~.ty
Foy
J. W. Barrett, Deputy Building Inspector.
Neeting was called to order at 5:30 P.PT. by Chai~.
OLD BUSZ~SS
The question of sprinkler requirements for Gulfstream. ~,arina dry-~
boat storage facilities was the subject, postponed from, meeting of
Naz~ 23~ 1970.
~. Tomberg, Attorney for ~'~. Kahn asked, the Board to table this hear-
ing on the objection that (1) he and Mr. K&h~ had reoeived no official
notification that the hearing was sd~eduled for this date snd was
unprepared to defend tj%e requirement of the Building Department.
Objection (2) That at the last Board ~,'~eting~ he was not given proper
opportnmnity to rebut because of the Board's decision that it was in
doubt of its authority to act on this matter and would like to consult
with City Attorney w~th regard to its (the Bo~d) to m~e sudn a
decision as to classification Objection (3) No qpportunity for a full
and open hearing with expert witnesses present to testify ss to classi-
fication of P~,krina Building and as such~ the requirement for a sprirdc-
ler system.
I,~. Tomberg also stated that it was bis feeling the Bo~ was being
fluenced by probable harassment and/or politics by persons ~ot directly
concerned with ~he matter.
~. Ezeli Hester voiced objection to ?r. Tomber~,.;'s probable reference
to political hsmassment and so stated, that his vote would ]~ cast
according to bis understanding of the matter before the Board.
Nm. Tomberg rebuts ?ir. l~'ester's statenent saying that he felt ~]e Board
had already made its decision.
~. Hueston then stated that argumem, ts had been. heard at the last meet~
ing of the Board and were meeting today to hear s_ny further argtm~mt
that Nm. Tomberg or Nr. Kabro may care to make add discuss wi~ the
Board at this tLn~.
P~. Doug~_ty m~de a motion to remove from the table at ~is time and.
to act only sfter further hearing. NP. Ward seconded the motion. Vote
called for and was unanimously csrmied.
Mr. Tomberg them. requested opportunity to prepare ease for a fure3~er
hearing with reference to the fact that he would like to kD. Ow whether
the Boa~ was using Southern Standard Building Code or National Fire
Protection Association as its e~uide to placing this building in a
MJ_nutes
Board of Adjustment
Ap~i! 8 ~ t@70
Group "H" Occupancy and requested a separate ~eting ~th the depart-
ments responsible for making requirement for a sprinkler system, so that
he would be prepared to defend~ based on ~.~ere these require~ts were
so stated,
?~. Hueston then read from Southern Standard Building Code re:
Hazsrdous Group Oceup~.ncy "H" ~ Chapter ~ 411.2 (~.) ~ and Chapter 5
501. Mr. Hueston read letter from Deputy State Fire !'4arshall with
his opLnion as to the sprinkler requirements.
~. Tomberg objected to reading of letter from State Fire ?~arshall
sayLng that this is only an opinion and that he ,~,~uld like e ~xperts
p~sent to rebut the statement of State Fire M~sha!l ~nd also to have
State Fire Marshall appear ~n person.
Mm. Fr~k Rolfes~ Jr. ~ of 825 Las Pelmas Psrk came fo~ard and asked
Board why the City Attorney was not present at this meeting.
~. Hueston replied that he had a letter from the City A~torney that
the Board should be the body to rule JmtD~_s~ ease and his presence was
not required.
P~. Kabn objected to use of the Southern Standard Building Code and
stated that National Fire Protection Association No. 2~t should be the
only applie~le code.
Mr. Hueston reread the letter from ~e State Fire Marshall.
i"~. Kabro objects and reads from National Fire Protection ~ssoeiation
No. 2~1 showing difference of opinion in interpretation.
~r. Hester asks why proviso was included in permit and Whst ~muld
Ka~n have done had the proviso not been ad~e~.
~'~. Kabro stated that he would not hs~ accepted permit, nor built this
building as fin~i~g for building h~ a~dy been made.
Mr. H~==~o~ t]~n read from letter of January 2~ 1970 to Tri~Cities
~.t~ction Company that paragraph saying that neither the requirements
nor tree proviso had been ~t ~ this building is not complete and cannot
be occupied.
~. Hueston asks for vote. No motion made. ~. Ward stated that
regardless of proviso or condition. Code must be adhered to.
~. Doughty asked h~? much time ~uld be required for Yin. Tomberg to
prepare for another meeting.
~k,. Tomberg still asks for meeting with Building and Fire Departments
and states that about 3 weeks would be required for preparation.
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Minutes
Board of Adjustment
April 6 ~ 1,970
Mrs. McGee of 644 Las Pa/mas Park came fo~ard and. stated that permit
was issued illegally according to Ordinance 63-23. She claims City
Attorney acted and all~,.~ed building permit to be issued based on opinion
also stated that all correspondence had been filed ~th State
Attorney' s office.
~r. Rolfes came fo~ard and asked if some one representing residents
of Las Palmas Park could sit as an observer when City Departn~nt and
?~. Tcmf~erg m~t~ providing extension of time asked for by ?¥. Tom.berg
was ~ranted.
No objection was offered to this request,
~.~. ~?ar~ stated that he objected to statement by ~. To,berg that the
Board had a preformed opinion before meeting,was held.
~. Yates made motion that extension of time be given. No second.
l'~. Vivian of Las Palmas Park came forward and objected to ~. Yates'
motion, stating ~lat each day that passes all lives in adjoining
property are in danger.
M~. Kahn stated that he had a wife and children on this piece of property
and they were also to be considered and he didn't feel that they were ~
danger and that the C02 Fire Extinguishers required were installed.
tlr. Hester stated that building is now illega~f occupied and should not
be pemmitted to do so.
}~k~. Yates made motion to deny request for relief for requirement to
install spriDRler system be de~2[ed. Seconded by
Hueston called for vote.
P~. DouDhty stated that City Attorney should, be present ~nd. declined to
vote. Ail other members of board voted yes for motion made by
Yates,
~. Tombemg stated they wanted to go on record, that he ~,,~11 appeal the
decision to Circuit Court.
Mr. Yates mmde motion to adjourn.
adj ourrmmnt unanimous.
Meeting adjourned 6:20 P.M.
Seconded by ~r. Hester.
Vote for
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