HomeMy WebLinkAboutminutes.boa.19980212BOARD OF ADJUSTMENT FEBRUARY 12, 1998
Charlie Paterson opened the special meeting at 4:05 p.m. Dan Martineau, Rick
Head, Jim Iglehart and Howard DeLuca were present. David Schott and Ron
Erickson were excused. City Staff present were David Hoefer, Assistant City
Attorney, Stephen Kanipe and Sara Thomas, Community Development.
CONTINUED PUBLIC HEARING (01/22/98):
CASE # 98-01 DURANT CONDOMINIUMS ASSOCIATION
718-748 SOUTH GALENA
David H0efer stated in response to questions on ADA requirements and on behalf
of the city, Stephen Kanipe, building department head, will explain the
requirements which will probably have a material effect on the definition ora
hardship. Kanipe said the ADA is the department of justice act enforced by the
federal government. He stated that cky and ~ounty have adopted the UBC
(uniform building code) and chapter 11, accessibility, in the simplest form
parallels the ADA in many requirements. Kanipe said when we speak of
accessibility, as a municipality, we speak as to what is required by the UBC and
do not involve the department of justice.
Kanipe reviewed the plans with Sara Thomas and Scott Smith for UBC
requirements; which would be one (I) handicapped unit and one (1) readily
adaptable unit. The tmits, especially residential, should be located on the ground
floor. The common amenities (i.e. pool, recreation or laundry room) also must be
accessible along with 1 parking space. Kanipe said in theory one building was
totally accessible without an elevator, but to comply with the code: a curb cut, and
route from the unit to the pool was needed. He said for elevators to be allowed as
a hardship was not the case.
Hoefer said the applicant can make their argument. He noted that for purely
handicap purposes, it doesn'T constitute a hardship. The elevators are not needed.
Alan Richman said he was surprised by these comments. Hoefer replied that if
they needed an additional period of time, that certainly could be accommodated.
Richman answered that when this was pre-apped (the application), they were told
the board had previously reviewed the need for handicap access in tourist
accommodations as the basis for hardship. He said they had been working
towards that for some time.