Building Code Board of Appeals

- 2 2 - 2 0 1 2 0 8 : 1 4 AM H E R n n N ^ l>UKi>t^T BUILDING CODE BOARD OF APPEALS MEETING August 14,2012 { •M p.m. Community Development Department (CDD) Hardy Cash Conference Room, 3"* Floor, Hampton City Hall Board Members Present: Herman Dorsey (Chair), Sherman Crawley, Frank Feagan, Dexter Godfrey, Laurence Nisley (Vice Chair) CDD Staff Present: Steven Shapiro, Building Official Debra Pelteway, Board Secretary Chip McErlean, Inspection Supervisor Robert Noble, New Construction Inspector Others Present: Mrs. Julia Bassette (mother). Property Owner Mr. Drew Bassette (son) Craig Tapiey, Association President Brenda Queensberry, Association Vice President Pat Giiliiand, Member at Large Vernon Mason, Contractor, Riverpoint Bldrs. Dennis P, W, Nichols, Contractor, Riverpoint Bldrs, Purpose of Meeting: Case MI-IJ, 24 Capps Quarters Dorsey Asked if everyone would introduce themselves and asked Mr. Shapiro to give the background information pertaining to the case. Shapiro Our office received a complaint on 1-4-12 of an addition being built without a permit at 24 Capps Quarters. One of our building inspectors, Rob Noble, responded and verified that there wasn't a permit and posted a Stop Work Notice. Mr, Drew Bassett came to the permit office to apply for a building permit and submit plans on 1-5-12. Our plans examiner, Andy Wilson, reviewed the plans that were sub- mitted and issued a comment letter on 1 -10-12. Having received no reply to the letter, Mr. Noble sent another letter on 2-3-12 to Ms. Bassette, requesting that she contact Mr. Wilson. During this same timeframe. Chip McErlean. inspection supervisor, was contacted by the homeowners' association manager who was requesting an update, OS their Board had to approve any improvements on the property. A U C - 2 2 - 2 0 1 2 0 8 : 1 5 AM HERMAN_DORi>t.Y P . 0 S -2- With no apparent further action on the homeowner's part, the inspector sent a notice of violation to the owner of the property, Ms. Julia Bassette, on 4-17-12. The appeal of the 4-17-12 Notice of Violation is now before the Board today. Dorsey Asked was a permit ever purchased. McErlean Answered, no. Dorsey Asked if the addition was complete. Crawley Stated that he viewed the outside and it appeared complete. Feagan Asked if the comments of Mr. Andy Wilson could be read Shapiro Read Mr. Wilson's letter of 1-10-12, which listed the items that were required to have the plans approved and to obtain a permit. Dorsey Asked if there was a response. Shapiro Stated there was no response. Mr. Bassette Stated that he met with Mr. McErlean concerning the first letter, has met with the condo association to receive their approval to move forward on renovating the closed porch to a sunroom, which he has not received, and has gotten a contractor. He informed the Board that he did receive a Variance for the closed-in porch. Dorsey Asked if there was a way to find out if the structure was up to code without tearing it completely down. McErlean Stated that just by viewing the outside, it is not up to code and listed several items, i.e. the roof, shingles, and the elevation of the structure. H U l » - 2 2 —2 0 1 2 0 0 : 1 0 MPI r-itKi-iMM — U u r ^ o c T R - 0 4 5 -3- Tapley Stated that he has been out of the area and recently returned. He further stated that parts of the structure were already approved as a closed-in porch. He later received complaints about the unevenness of the windows and the look of the structure as a whole. GilHIand Explained that the Association did not approve the existing structure; only the screened-in porch. Dorsey Asked since there are no permits, what would have to be done. Noble Stated his concern of the construction of the roof, the shingles and other items. Mr. Bassette Stated that the deck was converted to a screened-in porch in 2003 and the roof was put on then. Nichols Stated that Riverpoint was prepared to: tear down the structure and start completely over or if approved by the Association, this Board and contracted by Ms. Bassette, try to correct the issues with the structure. Mr. Bassette Stated that there was a code change as to the flood elevation requirement and asked how this would affect the addition. Shapiro Explained, for example; if the existing elevation of the condo was 9 feet, the elevation for the new addition would need to be 1 foot higher, since the Zoning Ordinance now has a 1 foot freeboard requirement. Taplcy Stated again, that the condo association requires that plans be submitted to the City and approved, that required permits be purchased, that the elevation of the existing bidg. be validated so that the addition would be constructed at the proper elevation, and the appearance of the addition looks aesthetically pleasing. Mr. Bassette Stated that if the elevation is not what it should be, there would be no deck, porch or sunroom. Ms. B^seUe Staled that condo originally had a deck and when her son came to live with her, he changed it all. A U G - 2 2 — 2 0 1 2 0 8 : i e > AM M t . K n A N _ U U K to t Y w»S'^e>y2WW0 p . 0 3 -4- Shapiro Staled that since the property is in Ms. Bassette'a name, the decision is ultimately hers. Ms, Bassette Again, stated that she was very satisfied with the deck as it was before and had no interest in having it changed. Mr. Bassette Staled that he would like to have the elevation verified before a decision is made as to what to do with the structure. Nichols Asked what would be the chance that a Variance for the elevation be granted by the Zoning Board. Shapiro Stated that Riverpoint should feel free to apply to the Zoning Board concerning the flood elevation, but did not feel it would likely be granted. Dorsey Asked, putting the elevation aside, what would be the options for the structure. McErlean Asked Mr. Shapiro to read the Notice of Violation. Shapiro Read the Notice of Violation dated 4-17-12. Ms. Bassette Stated that since she is the owner and the person paying for the work, that she should make the decision. Nicely Asked how long would it take to find out the elevation. Nichols Stated approximately 2 weeks. Godfrey Asked if this hearing could be continued. He further stated that Ms. Bassette has stated that the addition should be returned to a deck. That it was nice of her son wanting to do the addition, but Ms. Bassette has made it clear she does not want it. Taplcy Stated that the Association has no problem with the addition being returned to a deck, as long as the work is approved. Stated that the Board agrees that the City's position is correct, I>«>rsey but what is the Board's recommendation. A U G - 2 2 - 2 0 1 2 0 U : i C > H n M t K n H N - U U K t o t T p. e e -5- Crawley Moved that Mr. Bassette be given 2 weeks to produce the elevation of the condo and addition This Board would reconvene on 8-28-12 to make a decision as to the demolition or retrofitting of the addition. Nicely 2"'' the motion. Dorsey Asked for the vote and it was unanimous. Nichols Stated, for the record, that Riverpoint is contracting with Ms. Bassette as she is the homeowner. Shapiro Informed the Bassettes and the Board that the court date of 8-22-12 for the courts to hear their case, will be continued by the City of Hampton Attorney's Office. Crawley Moved to adjourn the hearing. Godfrey 2'"' the motion Dorsey Called for the vote and it was unanimous After the conference room was cleared of the previous hearing's attendees, the Board reconvened to vote on new officers. Crawley Moved to allow the current officers remain tor another term. Nicely 2"*^ the motion Dorsey Called for the vote and it was unanimous. Godfrey Moved to adjourn the meeting Crawley 2™* the motion Dorsey Called tor the vole and it was unanimous Meeting was adjourned at approximately 2:00 p.m.