Building Code Board of Appeals

B U l t D I N G C O D E BOARD OF APPEALS M E E T I N G Augu&t 28,2012 1:00 p.m. Community Development DepHrtmcnl (CDD) Hardy Cash Conference Room, 3'^'' Floor, Hampton City Hall Board Members Present: Herman Dorsey (Chair), Laurence Nisley (Vice Chair) Frank Feagan Charlie Richardson COD Staff Present: Steven Shapiro, Budding Official Debra Petteway, Board Secretary Others Present: Mrs. Julia Bassette (mother), Property Owner Mr. Drew Bassette (son) Brenda Queensherry, Association Vice President Pat Giililand, Member-at-Large Lesa Yeatts, City Attorney's Office Purpose of Meeting: Continuance of Case M0hI2, 24 Capps Quarters originally heard on H-14-J2 to receive additional evidence and action by the Board Dorsey Opened the hearing and asked Mr. Shapiro to give a synopsis of the hearing which took place on 8-14-12. 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, as their Board had to approve any improvements on the property.  -2- With no apparent further action on the homeowner's part, the inspector sent a notice of violation to the owner of the properly, Ms. Julia Bassette, on 4-17-12. The appeal of the 4-17-12 Notice of Violation was before the Board as of 8-14-12. Mr. Shapiro stated that the Board determined that Mr. Bassette would have until 8-28- 12 to provide the Board a current elevation ceitificatc. A letter dated 8-23-12 from Johnson Baird, LLC, Civil Engineering and Land Surveying was sent to Mr. Andy Wilson, which stated the finished floor elevation of unit 12 (24 Capps Quarters) to be 9.77 ba.sed on City of Hampton Bench Mark #18-8 (1988 Datum); this information confirms that the current elevation complies with the Flood Zone Ordinance. Obtaining this information is the first step of the pirocess concerning the addition. Dorsey Asked Mr. Bassette if he would like to expound on what Mr. Shapiro stated. IMr. Bassette Answered, no. Dorsey Then stated that there is still no permit for the addition, so asked if the next step would be to decide if the City will require Mr. Bassette to tear down the structure or hire a contractor to redo the structure to bring it up to code. Mr. Bassette Stated that he has decided to tear the structure down. Nicely Made a motion to grant Mr. Bassette permission to demolish the structure. Shapiro Reminded the Board that they needed to first find that the City was either correct or incorrect in citing the violation. Yeatts Asked if there would be a date or time requirement as to when the demolition must be completed. Nicely Amended his motion to grant Mr. Bassette permission to purchase a demolition permit and demolish the structure by October 15, 2012. Yeatts Reminded the Board that the Bassettes next court date was November 7, 2012.  -3- NiceJy Amended his previous motion to grant Mr. Bassette permission to purchase a demolition permit and demolish the structure at 24 Capps Quarters by October 15,2012 and that the Board finds; 'That the City was correct in issuing the Notice of Violation'. Feagan 2"** the Motion Dorsey Called for the vote, which was unanimous. Mr. Bassette Asked if there will be a need to reconvene the Board unless the demolition is not complete and asked i f a land disturbing permit was required. Shapiro Answered no to both questions. Gilhland Asked Mr. Bassette if he was going to rebuild after tJic demolition was complete. Mr. Bassette Stated that he would like to, but not sure right now. Shapiro Asked if Mr. Bassette was taking the structure down to the deck or the piers. Mr. Bassette Answered that he would take it down to the piers. Shapiro Asked if there would be a deck because there is an existing door that leads outside. Giililand Reminded the Board that there was no permit purchased for the larger deck. Shapiro Stated to Mr. Bassette that the structure needs to be taken down to the ground and a code complying deck built. Queensbcrry: Asked how the decision of the Court will impact on the Board's decision. Yeatts Stated that she could not discuss any recommendation until after the Bassette's court date. Dorsey Asked if an inspector will go out to 24 Capps Quarters after the demolition is complete. Shapiro Answered yes; the inspection should be called for by Mr, Bassette or his contractor. Mr. Bassette Stated that he agreed. Giililand Wanted clarification that that Mr. Bassette is now required to take the renovated structure down to the deck, due to the door and once completed, he should call for an inspection. I f the inspector ap- proves the existing deck, Mr. Bassette must still apply for a building permit for any addition or change to the deck. Shapiro Stated that once the addition is removed down to the existing deck, Mr. Bassette must call for a building inspection to verify that the existing deck complies with the code. Either a code complying deck must exist or a guardrail placed across the rear door imtil the new addition is under construction. Dorsey Adjourned the hearing at approximately 1:35 p.m.