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Minutes 07-07-05 MINUTES OF THE BUILDING BOARD OF ADJUSTMENT AND APPEALS MEETING HELD IN COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA, ON THURSDAY, JULY 7,2005 AT 6:30 P.M. Present Milton Russell, Chair Michael Bessell, Vice Chair Richard Kurtz Frank Lindsay Robert Zimmerman Robert Bonagura, Voting Alternate Don Johnson, Building Official Jim Cherof, City Attorney Absent Beverly Agee Stanford Guritzky Brita Peterson A. Call to Order - Milton Russell, Chairman Chairman Russell called the meeting to order at 6:33 p.m. B. Acknowledgement of Members and Visitors Chairman Russell introduced the Board members; Don Johnson, the City's Building Official; and City Attorney, Jim Cherof. C. Approval of Agenda & Meeting Minutes of May 12, 2005 Meeting Mr. Kurtz pointed out he was not present at the May 12, 2005 because he was attending a Building Code Seminar for continuing education credits. Mr. Johnson requested that the following corrections be made to the minutes: . On Page 2 in the third paragraph, "Mr. Hutchinson" should be changed to "Mr. Johnson" in two places. . On Page 4, in the fourth paragraph, "Mr. Hutchinson" should be changed to "Mr. Johnson." . On Page 6, in the first paragraph, "Heads Park" should be changed to "Pence Park." . On Page 6, in the fifth paragraph, "Mr. Hutchinson" should be changed to "Mr. Johnson." . On the same page, the references to "ADAGE" should be changed to "ADAG." . Mr. Bessell requested that on page 6, "Mr. Bressner" should be "Mr. BesselL" Meeting Minutes Building Board of Adjustment & Appeals Boynton Beach, Florida July 11, 2005 Mr. Johnson acknowledged Mr. Tim Large, the Deputy Building Official, was also present. Motion Mr. Kurtz moved to approve the minutes, subject to all corrections. Motion seconded by Vice Chair Bessell and unanimously carried. D. Old Business None E. New Business Explanation: Lamonte Artis Aaron Rents, Inc. 2051 High Ridge Road Applicant is requesting an additional extension of his permit application (#04-1766) pursuant to Section 104.1.6 ("Time Limitations") of the Boynton Beach Administrative Amendments to the 2001 Florida Building Code. The applicant has exceeded the allowable three extensions for this permit Applicant: Reference: Mr. Johnson reported the applicant, Lamonte Artis, is requesting an additional extension of his permit application (#04-1766) for a metal racking system at the Aaron Rents Storage Facility located at 2051 High Ridge Road. Section 104.1.6 of the Boynton Beach Administrative Amendments to the 2001 Florida Building Code reads as follows: "An application for a permit for any proposed work shall be deemed to have been abandoned six (6) month's after the date of the filing for a permit, unless before then a permit has been issued. One or more extensions of time for periods of not more than 90 days each, not to exceed three extensions, may be allowed by the Building Official for the application, provided the extension is requested in writing and justifiable cause is demonstrated. After the third extension, appeal may be made to the Building Board of Adjustments and Appeals." Mr. Johnson noted the three previous extensions granted to the applicant were included in the agenda packet. Because the third extension expired, the applicant had applied for a fourth extension. Attorney Cherof administered the oath to all persons who would be testifying. 2 Meeting Minutes Building Board of Adjustment & Appeals Boynton Beach, Florida July 11,2005 Lamonte Artis, the applicant, assumed the podium and confirmed he was present to request an additional extension for his permit. He reported that he has had many conversations with Mr. Large. The Fire Department added additional comments that must be satisfied, and he has spoken to Fire Marshal Lee about satisfying those requirements. Mr. Artis noted one of the requirements was to provide a letter stating the existing system is adequate for the racking system. In order to confirm this, the sprinkler company that did the original installation has to perform a flow test and he must meet other requirements as welL This will require research and engineering work, and, therefore, he is requesting additional time to comply with the comments. Mr. Kurtz asked how much time the applicant needed and Mr. Artis responded sixty (60) days would be sufficient. Mr. Lindsay asked if the racking system was first installed in December 2002. Mr. Artis responded that was the original date; however, he was not employed by Aaron Rents at that time. Mr. Artis thought the whole problem was due to not securing the proper permits when the racking system had been originally installed, and he is now trying to correct this. Mr. Lindsay asked why the applicant was unable to satisfy the requirements with three extensions. Mr. Artis explained they were unable to satisfy the requirements on the first and second submittaL On the third submittal, they submitted all the required documents, but the Fire Marshal added additional comments that must be satisfied, necessitating a fourth extension of the permit. Mr. Lindsay asked about the sprinkler system. Mr. Artis stated the Fire Marshal's comment was that the applicant must provide an in-rack sprinkler system or have the company that installed the original sprinkler system state the existing system meets the requirements and is adequate. They are taking the second approach. The Fire Marshal requested they provide him with a survey of the existing system and do a flow test. This would satisfy the Fire Department's requirements. Mr. Lindsay inquired what would be stored at the property. Mr. Artis stated the premises would be used mainly to store furniture. All merchandise stored would be no higher than 12' and a marker would be painted indicating nothing could be stacked over the measurement. Ms. Lindsay noted that the racks would have to be fastened to the floor to prevent them from moving or collapsing in the event of a fire. Mr. Artis stated the racks have already been secured to the floor. Mr. Artis pointed out they were sharing warehouse space. Mr. Kurtz asked Mr. Johnson if he was in favor of granting a fourth extension. Mr. Johnson stated the City would not oppose a minimal extension period to allow the applicant to complete the work. Mr. Kurtz inquired if 60 days was reasonable, and Mr. Johnson felt the work could be completed within that time. If the work was not completed within 60 days, the application would become void and the applicant would have to start anew. 3 Meeting Minutes Building Board of Adjustment & Appeals Boynton Beach, Florida July 11, 2005 Vice Chair Bessell inquired if the applicant has, in fact, been addressing the issue since 2002. Mr. Johnson stated the property was built out in 2002, but this applicant did not apply for the racking system until 2004. Vice Chair Bessell asked why the Fire Department did not make their comments when the permit was originally applied for. Mr. Johnson responded the majority of the review outstanding were original comments from the Fire Department and the Building Department comments have been satisfied. Mr. Johnson pointed out the Fire Department comments were larger initially, but have since been reduced. Vice Chair Bessell inquired if any new comments were added and Mr. Johnson stated nothing had been added. Mr. Kurtz pointed out that since the Building Official was in favor of the extension, he felt the extension should be approved. Motion Mr. Kurtz moved to grant the applicant a sixty-(60) day extension. Motion seconded by Mr. Zimmerman. Vice Chair Bessell inquired if 60 days would be sufficient to receive the permit. Mr. Johnson stated 60 days would be sufficient since the applicant has been working on satisfying the requirements. Vice Chair Bessell asked if the applicant should be given more than 60 days, and Mr. Johnson stated 60 days was adequate. ~ The Recording Secretary called the roll and the vote was unanimous. F. Announcements None G. Adjournment There being no further business, the meeting properly adjourned at 6:55 p.m. Respectfully submitted, t ' l \ 1J--a~",-- Iv.... Barbara M. Madden Recording Secretary A Cl<f-~.t..,- (July 11, 2005) 4