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06/03/2010 Minutes
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06/03/2010 Minutes
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N Olmsted Boards & Commissions
Year
2010
Board Name
Board of Zoning Appeals
Document Name
Minutes
Date
6/3/2010
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Electrical Code) and NFPA (National Fire Perfection Association) codes were met for occupancy <br />for fire protection and Mr. Hawlc said they were only aslced to loolc at the occupancy loads and <br />the building as it was they were not provided as build or existing drawings so in this case they <br />could not check. Mr. Hawk said the normal course of action he is familiar with is occupancy <br />permits are not issued until all building permits are approved. Mr. Lopez asked if Mr. Hawk <br />checked the building to ensure that it is in compliance. Mr. Hawk said he viewed the electrical <br />panel and it seemed to be enough power coming into the building but the exact location of the <br />outlets they didn't have drawings to show the outlets and was told the landlord does not have a <br />plan for the space. Mr. Lopez said then Mr. Hawk in fact does not know for sure if the building <br />is compliant with NEC or NFPA which determines electrical safety. Mr. Hawk said the building <br />does not require a sprinkler system and fire alarm system may not be appropriate at the site. The <br />carpet he saw was non institutional carpet it appeared to be general business carpet. There were <br />no wall coverings and they generally don't have anyone ask us exact specifications on paints <br />used on the walls as it is not in the OBC. The power panel had enough power to it and they were <br />all fusible. Mr. Lopez asked if Mr. Hawk was aware that the OBC included wording which he <br />paraphrased that even though it is used for deign the local authority can dictate what is required. <br />Mr. Hawlc said he was aware that the building official has the authority and the right to the <br />interpretation which can be appealed. However in this case he didn't think they were talking of <br />zoning issues but uses and he understands that the uses are not spelled out in the cities zoning <br />codes which then convert baclc to the OBC. There are exceptions which can be applied which <br />were reviewed earlier. Mrs. Diver asked if the site had sprinkles and Mr. Hawk said the space <br />was not required to have a fire suppression system nor does the power gyrn which is double in <br />size. He said fire suppression systems are only required in buildings which are 50,000 square <br />feet or larger. Ms. Rudolph said when Mr. Thorne filled out the occupancy permit he stated <br />occupancy would be 15 yet he installed 35 work stations so he obviously intended to have more <br />than 15 people at the site. She asked if Mr. Thorne ever ask if more than 15 people could be at <br />the site or if he was permitted to have more. Mr. Thorne said the occupancy permit was mailed <br />to the Surf Shop and the mailman returned the permit to the city so he never received the <br />occupancy permit. <br />Ms. Rudolph said looking at the fast cash layout it shows one bathroom the applicant's hand <br />drawing shows two bathrooms so she would thinlc that would have alerted the building <br />department that a change in the floor plan had taken place so why wasn't that picked up. Mr. <br />Mitchell said that from the time Fast Cash left to date there has been no permits applied for, for <br />any work. The applicants showed two existing bathrooms and when the inspector went to the <br />site there were in fact two restrooms. Ms. Rudolph asked how the building official concluded <br />the use of business changed to assembly. Mr. Mitchell said consideration of the pop machines, <br />ATM, microwave, refrigerator, water cooler and second bathroom added and removing walls to <br />provide more floor space is not conducive to an office space. Mrs. Diver said she was not aware <br />of any comments made by the Mayor or any Council members and didn't think it had any <br />barring on the case being addressed. Ms. Sergi said Mr. Thorne said when he was asked what he <br />did to ready his establishment he said not much and then she hears walls were removed, <br />carpeting installed, electrical lines were removed and added, work stations built and lights added <br />all of which is not minor work. She finds it hard to believe as a business owner he would not <br />think to contact the building department prior to doing any interior work. It sounds like the <br />board is being aslced for forgiveness not permission. Mr. Thorne said the drawing he submitted
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