Board of Adjustment Agenda and Packet 2016 12 21

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Board of Adjustment Meeting Minutes November 16, 2016 Page 11 of 12 Prior to issuance of a floodplain development permit a registered professional engineer or architect shall develop structural designs, specifications, and plans for the construction which include floodproofing methods, subject to accepted standards and practices of the Uniform Building Code, as adopted, and the FEMA requirements. Prior to the issuance of a certificate of occupancy a floodproofing certificate shall be completed and submitted to the director. Gorsevski asks if we are saying that the floodproofing methods they have identified are not in accordance with accepted standards and practices. DeJong says no, prior to a floodplain development permit, the words "shall develop structural designs, specifications, and plans" are stated, but the BOA has none right now. Stuart says the words state "Prior to the issuance of a certificate of occupancy a floodproofing certificate shall be completed and submitted to the director." Meseck says it is certification versus proposed. Gorsevski says our position is that they have not provided them. DeJong says all we have is a statement of "may include" this method, etc. Even those methods have different ways of implementation. Meseck says I don't think it is in our scope to determine which one. DeJong says we rely on the certification of a professional engineer. Section 17.560.250 states "shall"... Gorsevski says "shall" means nondiscretionary. I am having trouble interpreting what "develop structural designs, specifications, and plans" means when Staff has accepted that they have complied or stated some methods that are standard practices and accepted. We have an additional layer of review that will come in to insure that the specific methods are acceptable. DeJong says I am proposing to leave it contingent upon approval by someone who has the training to evaluate and agree. Meseck says that falls on the Building Department because the final sentence does say "subject to accepted standards and practices of the Uniform Building Code, as adopted, and the FEMA requirements". My question is, if we approve this with no contingencies per se, other than the certification and the stamp, what are the chances of this coming back to the BOA. We need 3 out of 5 to approve this. What does the rest of the BOA think? DeJong says do we approve with no contingencies? Gorsevski says the second contingency for floodproofing is less restrictive. Meseck says I feel more comfortable with allowing the Building Department to take responsibility for this and not tie their hands any further. DeJong says the certification and approvals for the floodproofing methods must be approved by the Building Department. They are the ones with the training and knowledge to understand the methods. The BOA has not seen the floodproofing methods. Therefore, we are giving approval to the Building Department. Zuccaro says if your issue is 17.560.210, #3, being comfortable with the finding of compliance, you could be very specific on your condition of approval and say that "in order to satisfy the criteria of LMC 17.56.210, paragraph 3, the applicant shall submit certified construction drawings to the City as part of their building permit in compliance with the LMC." Your approval would be addressing all of your obligations as the BOA to review the application. DeJong says we do not have the document that certifies and shows the methods. Our approval would be contingent upon somebody else receiving certification. Zuccaro says you would be delegating it and making it clear that if not for that, you would not be approving this application. Meseck asks if Gorsevsky is still leaning in the direction of eliminating the second contingency. Gorsevski says I am leaning toward eliminating the second contingency. DeJong says I would include the specific language as specified in #3 which is Certification by a registered professional engineer or architect that the floodproofing methods for any nonresidential structure meet the floodproofing standards and practices specified in section 17.56.250; with it to be received by and accepted by the Building Department. I don't know if that document must be produced in a specific amount of time, but obviously before the