MINUTES OF THE REGULAR MEETING OF BUILDING BOARD OF APPEALS OF CITY OF ANN ARBOR. September 10, 2003

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MINUTES OF THE REGULAR MEETING OF BUILDING BOARD OF APPEALS OF CITY OF ANN ARBOR September 10, 2003 The regular meeting of the Building Board of Appeals was held on Wednesday, September 10, 2003 at 1:30 p.m. in the Council Chambers located in City Hall, 100 N. Fifth Ave., Ann Arbor, Michigan. I. The meeting was called to order at 1:30 p.m. by Chairman Kenneth Winters. II. Roll Call: Members Present: (4) K. Winters, S. Callan, R. Reik, P. Darling Members Staff Present: (3) A. Savoni, R. Heemstra, L. Bowen III. Approval of minutes S. Callan moved, supported by P. Darling to approve the minutes of July 9, 2003 with corrections. The minutes were approved unanimously. IV. APPEALS & ACTION - UNFINISHED None. V. APPEALS & ACTION - NEW 1. 2003-B-24, 208 Koch Ave. Petitioner is requesting an exception from Section R-305 of the 2000 Michigan Residential Code which requires a 7 foot 0 (zero) inch ceiling height in a basement with habitable space, and allows beams/girders not less than 4 feet on center to project below a maximum of 6 inches. Blake Williams was present to speak on behalf of this appeal.

September 10, 2003 Page 2 Petitioner is proposing to install a ceiling in a basement at a uniform height of 6 feet 9-5/8 inches. The finished basement area is designated as a study. The plan indicates an egress has been installed in the space. B. Williams explained request. A. Savoni recommended hardwired-interconnected smoke detectors is installed. S. Callan asked petitioner if there is a legal egress window. B. Williams stated yes. R. Reik moved, supported by, P. Darling to grant a variance from Section R- 305 of the 2000 Michigan Residential Code to allow a ceiling height of 6 ft. 9 inches, the soffit height of 6 ft. 5 ½ inches with the following contingencies: 1. Hardwired interconnected smoke detectors shall be installed throughout the house. 2. 2003-B-25, 2024 Vinewood Petitioner is requesting an exception from the following 2000 Michigan Residential Code sections: 1. Section R314.4 Winders, which requires that the width of the tread at a point not more than 12 inches from the side where the treads are narrower is not less than 10 inches and the minimum width of any tread is not less than 6 inches.

September 10, 2003 Page 3 2. Section R305.1 Minimum height, which states that habitable rooms, hallways, corridors, bathrooms, toilet rooms, laundry rooms and basements shall have a ceiling height of not less than 7 feet. The required height shall be measured from the finish floor to the lowest projection from the ceiling. Mary Kalmes (Architect) and Matthew Shapiro were present to speak on behalf of this appeal. Petitioner is requesting an exception from the following 2000 Michigan Residential Code sections: 1. Section R314.4 Winders, which requires that the width of the tread at a point not more than 12 inches from the side where the treads are narrower is not less than 10 inches and the minimum width of any tread is not less than 6 inches. 2. Section R305.1 Minimum height, which states that habitable rooms, hallways, corridors, bathrooms, toilet rooms, laundry rooms and basements shall have a ceiling height of not less than 7 feet. The required height shall be measured from the finish floor to the lowest projection from the ceiling. 3. Section R314.3, Headroom, which requires that the minimum headroom in all parts of the stairway shall not be less than 6 feet, 8 inches measured vertically from the sloped plane adjoining the tread nosing or from the floor surface of the landing or platform. M. Kalmes explained request. R. Heemstra expressed concern regarding the top of the stairs and the skylight. M. Shapiro also spoke on this request. Motion #1: (Stairs) P. Darling moved, supported by, R. Reik to grant a variance from Section R314.4 to allow the existing winder stairs to remain in place and serve as a means of egress from the 3 rd floor office/guest room.

September 10, 2003 Page 4 Motion #2: (Ceiling) P. Darling moved, supported by, R. Reik to grant a variance from Section R305.1 to allow 30 sq. ft. at the 7 ft. high instead of the required 35 sq. ft. with the following contingencies: 1. Hardwired interconnected smoke detectors shall be installed throughout the home per Fire Marshal approval The vote to grant the variance was as follows Motion #3A: (Headroom) P. Darling moved, supported by, R. Reik to grant a variance from Section 314.3 to allow the ceiling height 6 ft. 8 inches down to 6 ft. to allow the 6 ft. 8 inch door in compliance with appendix J. The vote to grant the variance was as follows Motion 3B: (Headroom)

September 10, 2003 Page 5 P. Darling moved, supported by, R. Reik to grant a variance from Section 314.3 to allow the condition shown on the attached sketches with a minimum of 4 ft. 9 inches at the far end of the upper landing to the 7 ft. at the near end of the landing with the following contingencies: 1. Hardwired interconnected smoke detectors shall be installed throughout the home. The vote to grant the variance was as follows Ayes: (1) R. Reik Nays: (3) K. Winters, S. Callan, P. Darling None. Motion Failed. Variance denied as stated. 3. 2003-B-26, 2561 Bunker Hill Petitioner is requesting an exception from Section R-305 of the 2000 Michigan Residential Code which requires a 7 foot 0 (zero) inch ceiling height in a basement with habitable space, and allows beams/girders not less than 4 feet on center to project below a maximum of 6 inches. Emily Eisbruch was present to speak on behalf of this appeal. Petitioner is requesting an exception from Section R-305 of the 2000 Michigan Residential Code which requires a 7 foot 0 (zero) inch ceiling height in a basement with habitable space, and allows beams/girders not less than 4 feet on center to project below a maximum of 6 inches. E. Eisbruch explained request. A. Savoni asked the petitioner if this was one open area E. Eisbruch stated a decision has not been totally resolved. R Reik moved, supported by, S, Callan to table this request.

September 10, 2003 Page 6 Motion carried. Variance tabled as stated. 4. 2003-B-27, 824 Henry St. Petitioner is requesting an exception from the following 2000 Michigan Building Code sections: 1. 1003.3.3.2, Headroom. Stairways shall have a minimum headroom clearance of 80 inches measured vertically from a line connecting the edge of the nosings. 2. 1009.3 Maximum height from floor. Emergency escape and rescue openings shall have the bottom of the clear opening not greater than 44 inches (1118 mm) measured from the floor. 3. 1207.2 Minimum ceiling heights. Occupiable spaces, habitable spaces and corridors shall have a ceiling height of not less than 7 feet 6 inches. Donald MacMullan was present to speak on behalf of this appeal. Petitioner is requesting an exception from the following 2000 Michigan Building Code sections: 1003.3.3.2, Headroom. Stairways shall have a minimum headroom clearance of 80 inches measured vertically from a line connecting the edge of the nosings. 1009.3 Maximum height from floor. Emergency escape and rescue openings shall have the bottom of the clear opening not greater than 44 inches (1118 mm) measured from the floor. 1207.2 Minimum ceiling heights. Occupiable spaces, habitable spaces and corridors shall have a ceiling height of not less than 7 feet 6 inches. D. MacMullan explained request.

September 10, 2003 Page 7 A. Savoni recommended that an egress window as well as hardwired interconnected smoke detectors be installed in the house. R. Heemstra agreed with Mr. Savoni s recommendation. R. Reik moved, supported by, P. Darling to grant variances from Section 1003.3.3.2 to allow a headroom clearance of 6 ft. 5 inches vertically for the stair, and from Section 1207.2 to allow a minimum ceiling height of 6 ft. 11 inches with the small duct space down to 6 ft. 4 1/2/ inches with the following contingencies: 1. An egress window shall be installed to meet the code requirements. 2. A fire detection and alarm system be installed per Fire Marshal approval 5. 2003-B-28, 1324 Olivia Petitioner is requesting an exception from Section R-305 of the 2000 Michigan Residential Code which requires a 7 foot 0 (zero) inch ceiling height in a basement with habitable space, and allows beams/girders not less than 4 feet on center to project below a maximum of 6 inches. Petitioner is also requesting an exception to section R-314.1 of the 2000 Michigan Residential Code which requires that stairways shall not be less than 36 inches in clear width at all points above the permitted handrail height and below the required headroom height. Dawn Zuber (Architect) was present to speak on behalf of this appeal.

September 10, 2003 Page 8 Petitioner is requesting an exception from Section R-305 of the 2000 Michigan Residential Code which requires a 7 foot 0 (zero) inch ceiling height in a basement with habitable space, and allows beams/girders not less than 4 feet on center to project below a maximum of 6 inches. Petitioner is also requesting an exception to section R-314.1 of the 2000 Michigan Residential Code which requires that stairways shall not be less than 36 inches in clear width at all points above the permitted handrail height and below the required headroom height. D. Zuber explained request and passed photos to the Board. A. Savoni expressed concern regarding the low ceiling height as well as an egress window. K. Winters suggested the Board table the request. R. Reik moved, supported by, S. Callan to table the request. Motion carried. Variance tabled as stated 6. 2003-B-29, 701 Packard Petitioner is requesting an exception from section 1207.2 of the 2000 Michigan Building Code, which states, Occupiable spaces, habitable spaces and corridors shall have a ceiling height of not less than 7 feet 6 inches. Bathrooms, toilet rooms, kitchens, storage rooms and laundry rooms shall be permitted to have a ceiling height of not less than 7 feet. John Barrie was present to speak on behalf of this appeal.

September 10, 2003 Page 9 Petitioner is requesting an exception from section 1207.2 of the 2000 Michigan Building Code, which states, Occupiable spaces, habitable spaces and corridors shall have a ceiling height of not less than 7 feet 6 inches. Bathrooms, toilet rooms, kitchens, storage rooms and laundry rooms shall be permitted to have a ceiling height of not less than 7 feet. J. Barrie explained request. R. Heemstra suggested emergency lighting is added, depending on what the space will be used for. P. Darling moved, supported by, S. Callan to grant a variance from Section 1207.2 to allow the existing access to the turrets base to remain as it is, it has been modified as much as it can be to improve the access to it with the following contingencies: 1. The turret area shall not be used as a sleeping space. 2. The 2 egress windows shall be maintained. 3. Emergency lighting to highlight area shall be installed 4. The smoke detector system shall be reviewed by the Fire Marshal. 7. 2003-B-30, 2355 W. Stadium Blvd. Petitioner is requesting an exception from Section 403.2 of the 2000 Michigan Plumbing Code which requires this space have a minimum of two toilet rooms (separate facilities for each sex, since the occupancy load is greater than 15. Petitioner is also requesting a variance from section 604.3 0f ANSI A117.1 that requires a 60-inch turnaround space in each toilet room. J. Bradley Moore was present to speak on behalf of this appeal.

September 10, 2003 Page 10 Petitioner is requesting an exception from section 403.2 of the 2000 Michigan Plumbing Code which requires this space have a minimum of two toilet rooms (separate facilities for each sex, since the occupancy load is greater than 15. Petitioner is also requesting a variance from section 604.3 0f ANSI A117.1 that requires a 60-inch turnaround space in each toilet room. J. B. Moore explained request and passed information to the Board regarding ANSI statement. K. Winters stated the only exception that could be proved, would be Section 403.2. P. Darling moved, supported by, S. Callan to grant a variance from Section 403.2 to allow one unisex barrier free toilet room to serve not more than 30 people with the following contingencies: 1. The non-compliant restroom shall be maintained. Ayes: (2) P. Darling, R. Reik Nays: (2) K. Winters, S. Callan Motion failed Variance denied as stated. VI. UNFINISHED BUSINESS None. VII. NEW BUSINESS None. VIII. REPORTS & COMMUNICATIONS None. IX. AUDIENCE PARTICIPATION - GENERAL None.

September 10, 2003 Page 11 X. ADJOURNMENT There being no further business to come before the Board, K. Winters moved that the meeting be adjourned. The meeting was adjourned at 3:40 p.m. by Chairman Kenneth Winters. Respectfully submitted, Lynn Bowen Lynn Bowen, Secretary Building Board of Appeals Kenneth Winters, Chairman Dated -9-10-03 BBA Minutes