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Minutes 11-19-98 BUILDING BOARD OF ADJUSTMENT AND APPEALS MEETING HELD IN COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA ON THURSDAY, NOVEMBER 19, 1998 AT 6:30 P.M. PRESENT Barry Goldman, Chairman Don Johnson, Deputy Building Official Malek Abdallah Nicholas Lopane, Acting Assistant City Michael Bessell Attorney Richard Kurtz, Vice Chairman Robert Mulroy, Alternate Melvin Sternbach Robert Zimmerman ABSENT Milton Russell A. CALL TO ORDER –Barry Goldman, Chairman Chairman Goldman called the meeting to order at 6:42 p.m. B. ROLL CALL The Recording Secretary called the roll and a quorum was declared present. C. APPROVAL OF AGENDA & MINUTES OF THE APRIL 30, 1998 MEETING Mr. Bessell moved to approve the minutes of the April 30, 1998 meeting. Mr. Abdallah seconded the motion. Motion unanimously carried. D. OLD BUSINESS None E. NEW BUSINESS 1.Applicant: J. Craig Stone, Architect Peacock & Lewis Architects and Planners, Inc. th Reference: 4735 NW 7 Court Explanation: Relief from Section 1005.4.1 Standard Building Code, 1994 Edition, which requires that every MEETING MINUTES BUILDING BOARD OF ADJUSTMENT AND APPEALS BOYNTON BEACH, FLORIDA NOVEMBER 19, 1998 sleeping room on the first and second story of Group R occupancies shall have at least one operable exterior window or exterior door approved for emergency egress or rescue. Mr. Johnson, Deputy Building Official, stated that the Applicant is seeking relief from Section 1005.4.1 of the SBC, ’94 Edition which deals with emergency egress openings. Mr. Johnson cited the section of the ’94 SBC that states: “‘Every sleeping room on the first and second story of Group R residential occupancies shall have at least one operable exterior window or exterior door approved for emergency egress or rescue. The units must be operable from the inside to a full clear opening without the use of separate tools or keys. Where windows are provided as a means of egress or rescue, they shall have a sill height of not more than 44 inches (1118 mm) above the floor.” Acting Assistant City Attorney Lopane requested that the Recording Secretary administer the oath to all persons who would be testifying this evening. SWEARING IN OF WITNESSES The Recording Secretary administered the oath to all persons who would be testifying. Mr. J. Craig Stone, of Peacock & Lewis Architects, Lake Worth, Florida took the podium and stated they are the architects for an 81-bed, four-story Assisted Living Facility (ALF), known as the Manor at Newport Place. Mr. Stone stated the reason for the appeal is that the windows for the building were designed to conform to the 1997 Building Code. During the design process, it was assumed that Boynton Beach would be adopting the new Code, but while going through the permitting process, it was determined that Boynton Beach was still under the 1994 Building Code. Mr. Stone stated the ‘94 Building Code treats egress openings as they apply to single and two family dwellings. The 1997 Code addresses more multi-family residential buildings, such as a condominium type structure. If the building has a full sprinkler system, it would be exempt from that requirement. However the ’94 Code does not provide for any exemption. Mr. Stone stated that the windows conform to the 1997 Code and that Palm Beach County will be adopting the Code on January 1, 1999. Mr. Stone also stated that by the time the windows are installed they would conform to the 1997 Code. Mr. Stone also 2 MEETING MINUTES BUILDING BOARD OF ADJUSTMENT AND APPEALS BOYNTON BEACH, FLORIDA NOVEMBER 19, 1998 was under the assumption that Boynton Beach would be adopting the 1997 Building Code sometime after the first of the year. Chairman Goldman asked the Board members if they had any questions. Mr. Abdallah asked Mr. Johnson if the City would be adopting the 1997 Building Code. Mr. Johnson stated the City must follow the procedures set by the Palm Beach County Building Code Advisory Board. Palm Beach County must adopt the new Code, plus the applicable addenda and then the City will follow suit. This means the City would probably be adopting the new Code within two to three months after the County. Also, Mr. Johnson stated that the new Code would have to be approved by the Commission. Mr. Abdallah asked Mr. Johnson if he felt the County would be adopting the Code and Mr. Johnson said yes. Mr. Kurtz asked about the date of the C.O. compared to the date when the Code would be adopted. Mr. Johnson referred to Mr. Stone who indicated the earliest date would be October of 1999. Mr. Johnson stated that the City in all probability would be adopting the Code by February or March of 1999. Mr. Bessell inquired if the applicant were appealing window sizes or the sprinklers. Mr. Stone stated the building would have a full sprinkler system and is appealing the window size. Mr. Bessell inquired if the window would be an egress window. Mr. Stone stated due to its size, it would not be an egress window since it would be 6” shorter in height. Mr. Bessell stated that NFDA Section 101 states that there must be two means of emergency escape or egress provided in sleeping rooms in residential villages through a door or window. Mr. Stone stated the corridor would be a means of egress. Mr. Johnson stated that the SBC only references NFDA 101 as enforced by the Fire Department. Mr. Johnson stated that Fire Department has not commented. Also, Mr. Johnson stated as far as egress from the apartments, the Fire Department has approved it. Motion Vice Chair Kurtz moved that the Application for Relief from Section 1005.4.1 of the Standard Building Code, 1994 Edition requested by the Manor at Newport Place be granted, inasmuch as the building will be completed long after the adoption of the new Code which will permit this requirement. Motion seconded by Mr. Mulroy. Motion carried 6-1. (Mr. Bessell dissenting) 3 MEETING MINUTES BUILDING BOARD OF ADJUSTMENT AND APPEALS BOYNTON BEACH, FLORIDA NOVEMBER 19, 1998 2. Applicant: Robert S. Simpson, Tropical Awning Reference: 104 S. Federal Highway (Gonsman Interiors) Explanation: Relief from Section 3204.3 Standard Building Code, 1994 Edition, which requires proper clearance between the lowest point or projection of an awning, canopy or marquee and a sidewalk immediately below. Mr. Mulroy stated he would have to abstain from voting, since he has a conflict of interest with the owner of the building, Gonsman Interiors. Chairman Goldman asked Assistant City Attorney Lopane to inform the Board what comprises a conflict of interest. Attorney Lopane cited the section related to conflict of interest and since Mr. Mulroy has expressed that his wife has an ongoing business relationship with the property owner who is the applicant, Mr. Mulroy would have to abstain from voting. Chairman Goldman asked if the Board had to approve this and Attorney Lopane stated it did not. Attorney Lopane said the Board could proceed with hearing the case. Chairman Goldman introduced Don Johnson, Deputy Building Official who requested to enter into evidence some pictures of the front of the building being presented by the Applicant, as well as some additional literature and asked members to review the pictures. Mr. Johnson stated that the Applicant is seeking relief from Section 3204.3, Standard Building Code, 1994, which requires proper clearance between the lowest point or projection of an awning, canopy or marquee and a sidewalk immediately below. “Applicant Tropical Awning has requested relief from Standard Building Code, 1994 Edition, Chapter 32, Construction in a Public Right of Way. Section 3204.3 (attached) requires that every fixed awning, canopy, or marquee shall be at least 9’ in the clear, between the lowest point or projection and a sidewalk immediately below. The fixed awning, canopy or marquee shall not extend or occupy more than two-thirds the width of the sidewalk measured from the building, except that such fixed awning, canopy or marquee may occupy the entire width of the sidewalk, provided that it is 14’ in the clear above the sidewalk.” “Applicant is requesting that the awning extend 4’ out from the building and he is requesting that the height requirement of 9’ be lowered to 7’6” to the bottom of the awning.” Mr. Johnson stated that he measured the width of the sidewalk this morning at 104 S. Federal Highway. The sidewalk is only 4’ wide, which means the awning would cover 4 MEETING MINUTES BUILDING BOARD OF ADJUSTMENT AND APPEALS BOYNTON BEACH, FLORIDA NOVEMBER 19, 1998 100% of the sidewalk. Therefore the width of the awning and the elevation of the bottom are in conflict with the Code. The Agent of the Applicant, Tropical Awning took the podium. The Agent stated that Mr. Gonsman has had awnings on the building for 30 years. The awnings that were taken down were pocket awnings and no longer would meet the Code. Also, the frames were bent and that new frames of the same dimensions are being recommended. What the Applicant is applying for is an exact duplication of what had been present on the building. Mr. Gonsman also is asking they be allowed to put a new sidewalk in that would be built out to the street to meet Code in order to install awnings 4’ out, or to grant a variance to replace the awnings that would be a duplicate of the old awnings. The Agent stated that if the awnings were raised to 9’ and covered two-thirds of the sidewalk, they wouldn’t provide any shade for the showroom windows. The Applicant is in the drapery business and the sun would shine directly into his windows. Vice Chair Kurtz inquired if the awnings had been in violation of the Code for 30 years. Mr. Johnson was not sure if the awnings were permitted 30 years ago and awnings were not permitted until 1994. The Agent also stated that the awnings could be easily detached from the building in the event of a hurricane or winds over 80 mph. Also, the frames could be unbolted. Vice Chair Kurtz stated that the existing sidewalk appeared narrow and would this be a problem for pedestrian traffic. The Agent stated that the awnings offer shade and shelter to pedestrians. Vice Chair Kurtz inquired if the awnings would be a hurricane hazard. Mr. Johnson stated that the new awnings would have to be engineered to meet the 110-mph winds and most coverings are removed during high wind periods. Mr. Abdallah inquired if DOT approval would be necessary and Mr. Johnson stated the Applicant would have to apply to the State for approval to increase the width of the sidewalk. With regard to the awning requirement, the Applicant should check since this is a non-conforming structure and the setback is right at the property line and is a non- conforming structure. Mr. Johnson noted if this were a new building it would have to be set back 25’, but this building is older and grandfathered. If the applicant took the old awnings and just put a new fabric over it, there would be no approval necessary. Mr. Zimmerman stated that the Applicant is located in the middle of the downtown improvement area and new awnings would be an enhancement to the downtown. 5 MEETING MINUTES BUILDING BOARD OF ADJUSTMENT AND APPEALS BOYNTON BEACH, FLORIDA NOVEMBER 19, 1998 Chairman Goldman questioned if delivery trucks could possibly hit the awnings. The Board was informed that a two-foot planting area will be installed to the curb, plus there are telephone poles, which would prevent a delivery truck from hitting the awning. Mr. Zimmerman questioned why no bricks had been planted in front of the building. It was noted that across the street, the Dolphin Bar and Grill has pavers, as well as Dutch Real Estate has bricks and the neighbor of the applicant to the south has brick pavers. Mr. Gonsman has customers going in and out of his building and not only does he not have pavers, but also there is a disheveled flowerbed in front of his building. Mr. Johnson was not sure how the State determined who would get pavers and who would get greenbelt. Chairman Goldman asked if there were any further questions. There being none, asked for a motion. Motion Mr. Abdallah moved to approve Relief from Section 3204.3, Clearance, of the Standard Building Code, 1994, for Tropical Awning provided Applicant checks with the other Agencies required, including the D.O.T. Motion seconded by Mr. Sternbach. Mr. Johnson stated that the City prior to approving any permits would also require sign off by the DOT since it is a DOT right of way. Vice Chair Kurtz asked if there would be any liability for the City because of the height of the awning. Mr. Johnson stated that if this Board approves the awning by granting the applicant relief from the Code, there is no liability to the City. Motion carried 5-2. (Chairman Goldman and Mr. Mulroy abstaining). Acting Assistant City Attorney Lopane asked Chairman Goldman for his grounds for abstaining. Chairman Goldman stated he had no particular feelings about the motion. F. ANNOUNCEMENTS The Recording Secretary announced the date for the Annual Board meeting for January 14, 1999 at Benvenutos. G. ADJOURNMENT There being no further business, Chairman Goldman asked for a motion to adjourn. 6 MEETING MINUTES BUILDING BOARD OF ADJUSTMENT AND APPEALS BOYNTON BEACH, FLORIDA NOVEMBER 19, 1998 Motion Mr. Mulroy moved that the meeting adjourn. Motion seconded by Mr. Zimmerman. The meeting properly adjourned at 7:10 p.m. Respectfully submitted, _____________________________ Barbara M. Madden Recording Secretary (one tape) 7