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Minutes 02-11-99 BUILDING BOARD OF ADJUSTMENT AND APPEALS MEETING HELD IN COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA ON THURSDAY, FEBRUARY 11, 1999 AT 6:30 P.M. PRESENT Richard Kurtz, Vice Chairman Don Johnson, Deputy Building Official A. Malek Abdallah Nicholas Igwe, Assistant City Attorney Milton Russell Melvin Sternbach Robert Zimmerman ABSENT Barry Goldman, Chairman Robert Mulroy, Alternate Michael Bessell A. CALL TO ORDER –Richard Kurtz, Vice Chairman In the absence of the Chairman, Vice Chair Kurtz presided at the meeting and called the meeting to order at 6:30 p.m. B. ACKNOWLEDGEMENT OF MEMBERS AND VISITORS Vice Chair Kurtz introduced Mr. Don Johnson, the City’s Deputy Building Official and Nicholas Igwe, Assistant City Attorney. C. APPROVAL OF AGENDA & MINUTES OF THE NOVEMBER 19, 1998 MEETING Mr. Zimmerman moved to approve the minutes of the November 19, 1998 meeting. Mr. Sternbach seconded the motion. Vice Chair Kurtz requested that on Page 3 of the minutes of November 19, 1998 the word “NFDA” should be changed to “NFPA” (National Fire Protective Association). Vice Kurtz requested a vote on the motion to approve the minutes, as corrected. Motion unanimously carried. MEETING MINUTES BUILDING BOARD OF ADJUSTMENT AND APPEALS BOYNTON BEACH, FLORIDA FEBRUARY 11, 1999 D. OLD BUSINESS None Vice Chair Kurtz requested that the Assistant City Attorney administer the oath to all persons who would be testifying this evening. E. NEW BUSINESS 1. Applicant: Peter H. Schmidt, Esquire, Agent for Barbara Bradshaw Reference: 658 Manor Drive Explanation: Relief from Section 2001.2.1, Standard Building Code, 1991 Edition, which requires that habitable rooms have ceiling heights of not less than 7 feet 6 inches. Vice Chair Kurtz requested Mr. Johnson present an overview of the case. Mr. Johnson thanked the Board for meeting at such short notice. The Building Department is trying to expedite this issue for the Applicant. Mr. Johnson stated the Applicant is in the process of completing plans and permits have been submitted to the Building Department. Mr. Johnson said that the building has a long history and it started in 1991 with Richard Limehouse, who had intended to purchase the property at that time. When Mr. Limehouse applied for an Occupational License, the Building Division found numerous apartments had been added to this single family dwelling without permits or inspections. Mr. Limehouse backed out of the sale and Mrs. Bradshaw purchased the property. In 1994, Mr. Johnson said he and other staff members conducted an occupational license inspection at the property. Numerous violations of the building and zoning codes were found. Mr. Johnson informed members that Mrs. Bradshaw has been very diligent in moving forward by going through the Building Board of Adjustments to get variances for the additional units. Mr. George Davis has drawn plans and Mrs. Bradshaw has filed application and secured permits, along with the proper inspections. Mr. Johnson said there was one item that he could not administratively approve as follows: …”The applicant has requested relief from Section 2001.2.1 of the Standard Building Code, 1991 Edition, which states “Occupiable or habitable (space) rooms other than kitchens, storage rooms and laundry rooms shall have a ceiling height of not less than 7 ft 6 inches. Hallways, corridors, bathrooms, water closet rooms and kitchens shall have a ceiling 2 MEETING MINUTES BUILDING BOARD OF ADJUSTMENT AND APPEALS BOYNTON BEACH, FLORIDA FEBRUARY 11, 1999 height of not less than 7ft measured to the lowest projection from the ceiling. “On April 21, 1994, I conducted an occupational license inspection for 658 Manor Drive. I found numerous violations and some of the habitable areas are in violation because they have ceiling heights as low as 6 ft 11 inches, which is in violation of the code. Mrs. Bradshaw has hired a design professional who has addressed all of the problems concerning the structure except the habitable room ceiling heights which only can be taken care of if our Board chooses to offer her relief. If the Board chooses not to grant relief, she will have to have a design professional come up with structural fixes to increase the ceiling height that has been established by the trusses. “ Mr. Johnson said the entire structure does not have low ceiling heights, but only various rooms throughout the apartment complex. Mr. Sternbach asked Mr. Johnson how much the construction costs would be to bring the property up to code. Mr. Johnson said it would be very costly and the ceiling joists would have to be modified and structural work would have to be performed. Also, Mr. Johnson stated the bottom cord of the truss would have to be removed and a new design would have to be engineered for the truss system in the area. Mr. Abdallah noted that there was a lot of history connected to the property going back to 1952 and said he visited the site to view the interior and found three areas need to be corrected for the required height. Mr. Abdallah stated that most ceilings are over 7’ and the building appears to be structurally sound. Mr. Abdallah asked if all the violations have been removed. Mr. Johnson said the Applicant had made previous applications for fire petitions, to add new fire resistant construction to stairs and has attained the proper tenant separation for the various apartments. Mr. Johnson informed the Board of the other applications that the Applicant has applied for. Mr. Johnson said that the City has been making inspections and the Applicant has been passing inspections and the last “stumbling block” to bring the structure into code compliance is the ceiling height. Mr. Johnson said he could not automatically give the Applicant a waiver and that is what the Applicant is seeking this evening. Vice Chair Kurtz requested that the Applicant’s representative address the members of the Board. 3 MEETING MINUTES BUILDING BOARD OF ADJUSTMENT AND APPEALS BOYNTON BEACH, FLORIDA FEBRUARY 11, 1999 Attorney Peter Schmidt, 400 South Dixie Highway, Boca Raton, Florida stated he represents the Applicant, Ms. Barbara Bradshaw. Attorney Schmidt stated he would like to give a brief background on the history of the project. Attorney Schmidt handed out a reduced floor plan of the entire project to each member and said he would refer to the floor plan throughout his discussion. Attorney Schmidt stated Mrs. Bradshaw purchased the property in December 1992 and at the time of the purchase there were two separate and contiguous lots involved. The Applicant at that time planned to build an apartment project and presented a site plan to the City in late 1993 and the site plan was approved, with modifications to the plan at the City’s request. The City requested that the project be divided into two phases. Attorney Schmidt stated that the project is now in phase 2. The City requested that the Applicant file with public records a unity of title, which means that both parcels are now one and can never be separated. The City also required that all parking for phase 1 and phase 2 (10 parking units) be completed. Also, the City required the following, which costs his client assumed and said that the street in front of the property is a private road: ? a new drainage system, ? additional street lighting, ? extensive landscaping, fencing and irrigation. These items were all completed during phase 1. Attorney Schmidt stated the original buildings were built in 1952 by the then Mayor of Boynton Beach, Willard Pipes and in 1952 the City did not issue any building permits. Attorney Schmidt said his research showed the City did not start to issue building permits until 1955. Therefore, there is no way to determine if the buildings were built in accordance with permits that were issued. Mr. Pipes did the last additional construction on the property in 1969. Vice Chair Kurtz inquired if permits were issued in 1969 and Attorney Schmidt said they were and that he had a copy of the permits. In 1969 unit 6 was built in accordance with the building permit issued. Attorney Schmidt stated that when all the structures were originally built, the South Florida Building Code had no requirement relative to ceiling heights. Attorney Schmidt presented a copy of the 1969 South Florida Building Code at that time. Also, Attorney Schmidt stated that when unit #7 was built in 1952, there was no minimum ceiling height requirement. Attorney Schmidt stated that on August 5, 1998 the City approved the architectural plans that were submitted and a building permit was issued. Attorney Schmidt said that the plans that the City approved stated in units 6 and 7 the ceiling heights were approved as drawn being a height of 7’6” from the floor to the roof sheathing, which is 4 MEETING MINUTES BUILDING BOARD OF ADJUSTMENT AND APPEALS BOYNTON BEACH, FLORIDA FEBRUARY 11, 1999 above the joists. At that time, the ceiling was not covered and the roof joists were exposed. When the permit was issued, the Applicant proceeded with the construction. Attorney Schmidt stated that his client is 99% complete with all her inspections, except two. The only inspections remaining are the final plumbing inspection (to be completed tomorrow) and the final inspection for the issue before the Board this evening. Attorney Schmidt had for presentation two packets of photographs that show the property from the inside and outside regarding the ceilings. Mr. Sternbach asked if Section 201.2 was in existence in 1998 when room 6 was approved. Mr. Johnson said it was in existence, but that the property was reviewed under the 1991 code because when the Applicant applied for a permit application, the Applicant had zoning problems and the permit application and number is 1995-2887. Mr. Johnson said that the first item that the Applicant had to resolve was through the Building Board of Adjustment (Zoning Board) to be allowed to have this many units, since there were units below the minimum square footage. Mr. Johnson stated that the City does not build under the South Florida Building Code. The City has always built under the Standard Building Code and never adopted the South Florida Building Code. Mr. Johnson said that the City never approved the plans with 7’6” to the bottom of the sheathing. In looking at Mr. George Davis’ plans, it is clear to see that Mr. Davis is saying “living room – remove finish ceiling exposed joists 7’6” clear floor to sheathing”. In room #6 Mr. Davis said ceiling height 6’11”. Mr. Johnson conferred that Attorney Schmidt was in possession of the same plans. Also, Mr. Johnson stated that Mrs. Bradshaw reviewed the plans and understood that even though the engineer put 6’11”, she was required to have 7’6” ceilings. Attorney Schmidt stated that the plans that he has was initialed by Mr. Donovan, who was present at the meeting when the plans were approved. Vice Chair Kurtz inquired if it were permissible to have open joists in a habitable room. Mr. Johnson was uncertain and stated that the room only has a wall air conditioner and it was not reviewed with the energy code. Mr. Johnson said initially there was a drywall ceiling in that area. Mr. Johnson said that Mr. Davis clearly stated that the ceiling height is 6’11” and that Barbara R. Bradshaw with Mr. Donovan put 7’6” and crossed out 6’11”. Mr. Johnson said by doing this, Mrs. Bradshaw was aware she would have to either seek relief or the City would expect 7’6” ceilings in those areas. Vice Chair Kurtz said that in order for the Applicant to comply, she must remove the ceiling and there are exposed joists in a habitable room. Mr. Johnson stated this used to be the norm for the “Florida type look”. 5 MEETING MINUTES BUILDING BOARD OF ADJUSTMENT AND APPEALS BOYNTON BEACH, FLORIDA FEBRUARY 11, 1999 Vice Chair Kurtz inquired what the Applicant was now proposing. Attorney Schmidt stated his client has put sheet rock on the ceiling and the room is now 6’11”. Attorney Schmidt stated that the insulation on the ceiling was approved by the City at an inspection on January 21,1999. Vice Chair Kurtz inquired how many rooms were involved. Attorney Schmidt stated that room #6 is 6’11” and room #7 is 7’. Also, Attorney Schmidt stated that there is a room to the right of room #7 that has the same ceiling height. Attorney Schmidt referred members to the pictures being passed around. Mr. Johnson also stated that whoever performed the work in putting in the bathrooms did not chop up the floors as is usually done. Mr. Johnson said the reason some of the rooms were elevated is because the pipe was laid on top of the existing board and concrete poured on top, especially in the bathroom areas. Mr. Johnson stated that there are no City records that show that this work was done with permits and the work was done prior to Mrs. Bradshaw owning the property. Mr. Johnson said this was determined in 1991. Mr. Abdallah inquired when room #7 was built and was informed it was built in 1952 and room #6 was built in 1969. Attorney Schmidt stated that his client intends to operate the property as the first Bed and Breakfast in the City of Boynton Beach and the City recently passed an ordinance authorizing the establishment of a Bed and Breakfast type operation. Mr. Abdallah inquired if it would operate like a hotel or apartments. Attorney Schmidt stated they would be individual units, each unit with its own outside entrance. Mr. Johnson stated for the record that the Applicant has not requested that the property be reviewed for a Bed and Breakfast and there could be additional requirements if the Applicant turns the property into a Bed and Breakfast. Mr. Sternbach inquired if there were any grandfather clause that would apply and was informed there was not. Attorney Schmidt stated there was a provision in City Ordinance 95-02, which was adopted on April 4, 1995 that has language concerning non-conforming structures. Attorney Schmidt furnished a copy of the Ordinance to Attorney Igwe for his review. Vice Chair Kurtz inquired about the installation of ceiling fans. Also, Vice Chair Kurtz asked if the Applicant has made any contingent plans in the event the Applicant doesn’t prevail tonight in what would be involved in raising the ceilings. Attorney Schmidt stated that Mrs. Bradshaw had not made any contingency plans because it would be a financial hardship for her to raise the ceilings and the cost would be prohibitive. Vice 6 MEETING MINUTES BUILDING BOARD OF ADJUSTMENT AND APPEALS BOYNTON BEACH, FLORIDA FEBRUARY 11, 1999 Chair Kurtz noted that there would have to be a complete redesign of the truss system for the applicable rooms. Mr. Zimmerman asked Mr. Johnson for his opinion on the cost of raising the ceilings. Mr. Johnson said it would probably cost in $8,000 to $12,000 range, and there will be additional electrical work required. Mr. Johnson was only speaking structurally, and did not know about the electrical costs, as well as additional hearing fees. Mr. Johnson estimated that covering all the costs involved it would cost somewhere around $20,000 total, which would include the necessary ductwork. Pictures of room #6 were viewed by members and Vice Chair Kurtz inquired if the room was a kitchen. Attorney Schmidt stated it was an efficiency room and had previously been a carport. Mr. Zimmerman inquired if the apartments were occupied and Attorney Schmidt stated only the Applicant is presently living there. Mr. Abdallah asked if the building had central air conditioning. Attorney Schmidt stated there was central air conditioning, except for unit #6 which has a wall unit. Vice Chair Kurtz asked if there was any further discussion. Mr. Russell inquired if there was an inspection showing the insulation was completed. Attorney Schmidt stated that the City approved the insulation in units #6 and #7 on January 21, 1999. Attorney Igwe requested to respond to Attorney Schmidt’s interpretation of Ordinance 95-02 and asked Attorney Schmidt to what Section he was referring to. Attorney Schmidt stated it was Section 2-120. Attorney Igwe stated his interpretation of the Ordinance is not applicable to this situation. Mr. Abdallah noted that Attorney Schmidt was requesting a ruling for unit #6 and #7. Vice Chair Kurtz further noted that the living room next to unit #7 is also to be included. Mr. Sternbach stated that by granting relief to the Applicant this Board would be setting a precedent. Vice Chair Kurtz did not agree. Vice Chair Kurtz felt this Board reviews cases individually and any future Boards could evaluate what this Board did tonight and could use it as a guideline in whether it would apply to future applications. Attorney Igwe stated that the key issue was for the Board to look at the history of the property over the years and determine the progress that the current owner has made. Also, the Board should consider that if it did not offer relief, what type of hardship would it cause the property owner. Attorney Igwe noted that at issue is 6” of ceiling height that 7 MEETING MINUTES BUILDING BOARD OF ADJUSTMENT AND APPEALS BOYNTON BEACH, FLORIDA FEBRUARY 11, 1999 should be weighed against the hardship that would be caused to the property owner if she had to comply with the code. Mr. Johnson said that Mrs. Bradshaw has addressed a majority of the violations and this is one of the most difficult to correct and this is the purpose of the Board hearing this evening. Mr. Sternbach noted that back in 1952 when the building was originally built, there were no permits or rules and regulations pertaining to the Building Code. Mr. Johnson was under the impression that the elevation of the additional rooms occurred much later than 1952 and when the plumbing was put in, it was placed on top of the existing slabs. It is clear to see that the original pipe and waste lines were not installed during the original construction. Vice Chair Kurtz inquired if the Board did not grant relief and did not require that anything be done to the ceilings, what would happen to the rooms. Mr. Johnson said that the Applicant would not be granted an occupational license because of the code violations. Mr. Zimmerman said he had no objections to allowing the rooms to be inhabited and said in his estimation there is enough room. Mr. Johnson requested that if the Board did grant relief to the Applicant, he would like one stipulation stated in the order that there would be no future use of ceiling fans. Vice Chair Kurtz inquired what enforcement abilities does the City have after the license is issued. Mr. Johnson said that the Fire Department conducts a yearly inspection and Mr. Johnson said the Fire Department would be furnished with a copy of this Board’s decision and would be aware of it. Motion Mr. Abdallah moved to grant relief for Units #6 and #7 providing that there are no electrical fans allowed in the ceiling and will be recorded for any future reference. Mr. Sternbach seconded the motion. Vice Chair Kurtz asked if there was any discussion of the motion. Mr. Zimmerman felt it would be a hardship on the Applicant if the waiver was not approved. Vice Chair Kurtz asked Attorney Igwe if there were any difficulties with adding the restrictions to the relief granted. Attorney Igwe said it did not pose any problems as long as it becomes part of the order and is recorded. 8 MEETING MINUTES BUILDING BOARD OF ADJUSTMENT AND APPEALS BOYNTON BEACH, FLORIDA FEBRUARY 11, 1999 Vice Chair Kurtz asked Attorney Schmidt if he had anything to say with regard to the restrictions being added to the relief. Attorney Schmidt stated that if this Board approved the motion with the restrictions, he would recommend to his client to accept it. Vice Chair Kurtz called for a vote on the motion to grant the Applicant relief from Section 2001.2.1 of the Standard Building Code, 1991 Edition. Motion unanimously carried. F. ANNOUNCEMENTS None G. ADJOURNMENT The meeting properly adjourned at 7:20 p.m. Respectfully submitted, ________________________________ Barbara M. Madden Recording Secretary (one tape) 9