HomeMy WebLinkAboutBBA Minutes 02-07-12MINUTES
SPECIAL MEETING
TUSTIN BUILDING BOARD OF APPEALS
FEBRUARY 7, 2012
4:01 p.m. CALL TO ORDER
ROLL CALL:
Present: Chair Thompson
Chair Pro Tem Puckett
Commissioners Eckman, Kozak, Moore
CONSENT CALENDAR:
Approved 1. APPROVAL OF MINUTES -JULY 26, 2011, BUILDING
BOARD OF APPEALS SPECIAL MEETING.
Motion: It was moved by Puckett, seconded by Kozak, to move the
Consent Calendar. Motion carried 4-0 with Chair Thompson
abstaining from the motion.
Chair Thompson recused himself based on a conflict of interest
with his residence being located less than 500 feet from the
residence of the appellant. He assigned Chair Pro Tem Puckett to
serve as Acting Chair.
HEARING:
Adopted Resolution 2. APPEAL OF NOTICE AND ORDER TO VACATE AT 520
No. 4188 as amended PACIFIC STREET.
On June 16, 2011, the Building OfFcial issued a Notice
and Order/Pre-Citation Notice of Dangerous Buildings and
a Notice to Vacate for the property located at 520 Pacific
Street. On June 24, 2011, an appeal was filed by the
property owners, Bret and Stephanie Fairbanks.
Given the voluminous amount of evidence involved, as
well as the technical nature of the matter, staff
recommended that a Hearing Examiner/Officer be
designated pursuant to section 601.1 of the UCADB to
conduct the hearing and provide a report of findings on
the matter to the Board of Appeals.
On July 12, 2011, the Board of Appeals appointed
Hearing Examiner/Officer Gregory P. Palmer to conduct
the hearings and consider evidence. Five days of hearings
Minutes -Building Board of Appeals February 7, 2012 -Page 1
were held in the Tustin Library and evidence was
presented to the Hearing Examiner for consideration. After
hearing the evidence, Mr. Palmer submitted a written
report summarizing the evidence and stating findings,
conclusions and recommendations.
RECOMMENDATION:
The Deputy City Attorney and staff have reviewed the
advisory decision and draft resolution. Based on the
revisions in the final draft Resolution following the meeting
on January 18, 2012, the City Attorney and staff
recommend that the Board of Appeals adopt the jointly
proposed Resolution No. 4188.
Amy Stonich gave the presentation for the appeal of the Notice
and Order to vacate at 520 Pacific Street.
Commission questions and comments generally included the
plan-check process, clarification of applicable building codes
referenced within Resolution No. 4188, and clarification of city
staff's involvement in the plan-check process within Resolution
No. 4188.
The Director confirmed that the revisions to Resolution No. 4188
as suggested by the Commission could be incorporated.
The Public Hearing opened at 4:13 p.m.
Whitney Hodges stepped forward representing the
appellant. Ms. Hodges stated the staff report and
recommendation accurately reflect the background of the
proceedings.
Nathan Menard, the architect for the appellant, stated
plans have been submitted and reviewed by the Building
Official. He has been to the site several times and stated
they are ahead of schedule on their work. Clarified that the
second set of plans for the second. permit contains
documentation for the first set as well. Explained that this
will keep the documents together in one package.
The Public Hearing closed at 4:16 p.m.
The Commission further discussed their general approval of the
modified Resolution No. 4188.
Minutes -Building Board of Appeals February 7, 2012 -Page 2
Motion: It was moved by Eckman, seconded by Moore, to adopt
Resolution No. 4188 with minor modifications as recommended.
Motion carried 4-0.
4:21 p.m. ADJOURNMENT:
The next special meeting of the Building Board of Appeals will be
held when items are set for hearing.
~~
~ _~ CHUCK PUCKEI-f
Chair Pro Tem
Y. HENRY HUANG
Building Board of Appeals Secretary
Minutes -Building Board of Appeals February 7, 2012 -Page 3