01-26-1994 Building Code Board of Appeals

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• BUILDING CODE BOARD OF APPEALS - JANUARY 26, 1994 The 1994 Building Code Board of Appeals convened on site at 1400 Brackett's Point Road at 4:00 p.m. on January 26, 1994 to view the site conditions for the request by James and Joann Jundt to reconsider the requirement for a second exit from the third floor of the house. The following Board of Appeals members were present: Tom Anderson, Building Official from the City of Hopkins; James Hanson of Long Lake; Maureen Bellows, AIA; Theodore "Ted" Paulfranz, Fire Chief of Edina Fire Department; and Loren Kohnen, Building Official of Metro West Inspections. James and Joann Jundt were present as well as Stuart MacDonald, Minneapolis architect and Tom Lindberg, Project Architect of Beyer Blinder Belle in New York. Kraus- Anderson representatives were Steve Johnson and Gary Benson. Representing Orono City staff were Lyle Oman, Building Official; Jeanne Mabusth, Building and Zoning Administrator and Lin Vee, Recorder. James and Joann Jundt conducted a tour of all three floors of their home explaining various historical and architectural features. The hearing reconvened at the Orono Council Chambers at 5:37 p.m. with all of the above noted people in attendance. Maureen Bellows presided as Chair. Mabusth stated that the issue is the requirement by the City for a second legal exit from the third floor based on the proposed level of use. Oman reviewed the City's position. The current Building Code requires that any structure over two stories requires two exits. A question to consider is if this situation should be grandfathered • in. The City's position is that this space is quite large and could have a large number of occupants making two exits appropriate for the size and proposed use of the room. Mr. Crosby's letter is referring to Section 104 within the Building Code which addresses additions, alterations, or repairs to existing buildings and structures. Oman would also argue that the home was built in the early 1900's when there was no building code but there probably should have been a second exit at that time. Oman referred to Section 203 in his correspondence dated October 14, 1993 on unsafe buildings that allows him to require a second exit in that space. Mr. Jundt requested that the letters from the Faegre & Benson attorneys, their letter of January 25, 1994 and letters from the architects be read into the official minutes. Chair Bellows asked for an informal poll of where each Board member stands on the issue. Anderson did not feel ready to comment and wanted to review the code section on unsafe buildings referred to earlier. Hanson stated his subjective reaction would be that with sufficient consideration of other devices he would be inclined to allow the building as it stands without requiring a second exit on the third floor. Paulfranz questioned the historical significance of this building. Mrs. Jundt confirmed the building was not currently on the official historical register but it could be. Mr. Jundt stated that • 1