Loading...
HomeMy WebLinkAboutLETTERS - 98-00035 - Birch Plaza - New ApartmentsLaw Offices RIGBY 9 THATCHER, ANDR US RIGBY, KAM& MOELLER, Chartered qv W. Rigby. Gordon S. Thatcher U. Rich AFS Jerry R. Righy Michael S. Kam Gregory Pr Mo ll r August 15, 1997 Honorable Nile Boyle Mayor, City of Rexburg 12 North Center Rexburg, Idaho 83440 Mr. Joseph Laird City of Rexburg 12 North Center Rexburg, Idaho 83440 Gentlemen: RE: Carriage House v. Dean Birch P.O. Box 250 5 North Second East Marburg, 183440 Telephone: Rexburg: (208) 356-3633 Fax (208 )356-0768 `-Mail.{ Rexlaw@ s.e Thank you for your copy of Mr. Birch's proposed plan for fixing the drainage and snow problem. Our clients are unwilling to give up a two foot wide strip to help cure Mr. Birch's drainage problems. I left a message with Mr. Lard authorizing him to disclose our engineering report. Perhaps that might be of some assistance to Mr, Birch. We are prepared to review any other proposals, but we must insist that this matter be resolved before he attempts to complete his project. Please feel free to Contact me if you have any other proposals or ideas. Sincerely, G' lchael S. Kam. MSK:dc Fanner. t l U fe, NILE L. BOYLE MAYOR ROSE BAGLEY CLERK RICHARD HORNER TFC EAS -11-1 REE I FIN ANC IAL OFFICER A/Ir. Dean Birch 250 South 2nd West St. Rexburg, Idaho 83440 STATE OF IDAHO RE.- Birch Plaza 11 - New 9 unit apartment building at 250 So. 2ndWest. gear Dean'. P-0_ BOX 280 12 NORTH CENTER STREET REXBURG, [DAHO 83440 PHONE (208) 359-3020 FAX (208) 359-3022 August 12, 1997 It has come to our attention that the subject apartment wilding has notbeen constructed in accordance with the requirements of City Zoru'ngOrdinance No. 778 & 725. According to the approved Site Plan for the building, the setback to the eveline on the east side of the building was to have been 8 fit. from the adjacent property line. Measurements at the site indlcate that the edae of the buildina wall knot the evelzne) is approximately 8 ft. from the property line. The onginal plans show 2 1 wide eves. These have now been extended an additional 17 inches without anv plan resubmitials to his office requesting this change. In addition to being in violation of the setback requirements in the City honing Ordinance, the design of the structure and the close proximity of the structure to the adjacent property to the easy in��cates that the �tarm drainage runoff from the east ha��' of the bui�d�n� will oro onto the adjacent neighbor's property and that snow and ice sliding off of the east half of the roof w'11 �o onto the neighbor's parking lotcausingpotential damage to vehicles pared there and potential injury to any persons that may be 'in the parking Ion adjacent to the subject building. Remedies to correct these three problems are not simple at this date stage in the construction of the building. One possible solution would be to cut off the eves at the edge of the building and build a wall along the east property that would be high enough, strong enau�h and water ti�ht enough to take care of the storm drainacye and the falling snow and ice problems. Storm water could be takes by pipe around the east and north sides of the building and put. into the existing french dral'nin the parkincr lot northwesterly of the northwest cornez- of the subject build'ina But how you pian to correct this situation is really up to you. We will look at any solutions you and your Engineer propose that will take cage the three problems. however, x would life to emphasize that his situation needs to be resolved right away Please get us drawings as soon as possible showing how you plan to correct these three problems. .We will he forced to Put a STOf'WORK ORDER on the project as of 5 P.M. Friday, August ].5, 'if we have not, by then, received detailed drawings showing haw you pian to correctt this problem Blair tells me that there are several other problems that also need your immediate attention: 1. Yt was made clear by the Planning & Zoning Comm. and myself that the plans for the subject building Had to be sealed and signed- by an Architect oar Engineer recuostered in the State of Idaho. Although Blair has brought this to George Benson's attention on numerous occasions we still do not have a complete set of plans that are Engineersi"aned and sealed by an or 2:� Archatect. One of the sheets of plans has the stamp of a licensed Engineer but the rest do not. 2. The approved plans show a 6" thick reinforced concrete iand.ing for the walk -ways on the 'Various floor levels. Blair Manwaring indicates that it appears that you plan to construct these -walkway landings with wood rather that concrete. If this is the case, you will need to get revised plans into this office riah t a -way showincr this proposed change so: we can evaluate it for compliance with the Uniform Building Code requi'rements. 3. The approved site plan showed various parking spaces and landscaped areas. The approval of the site plan was contingent upon these parkiri(,� spaces and landscaped areas being in existence, usable and visible at the time the subject building was completed. ire have not seen any activity directed towards providinor the required landscaped areas. Please understand that the completion of the landscaped areas and parking spaces is all a part of thisprajd a ect an Certificate of Occupancy will not be issued for the building until all of these items are also completed. immediate We request that you give the above 'items your attention. JOSEPH A. LAIRD P.E. 119 CITY ENGINEER &BUILDING OFFICIAL, NILE L. BOYLE 4UYOP ROSE BAGLEY U RK RICHARD HORNER Mr. Dean Birch Z50 South 2nd West St., Rexburg, Idaho 83440 STATE OF IDAHO September 9, 1997 RIE- Birch Plaza II - mew 9 unit apartment buildin<y at 2-"50 50. 2" West. Dear mean, PD. BOX 280 12 NORTH CENTER STREET REXBfJRG, IDAHO 8344 PHONE {2Q8} 359-3020 FAX (248) 359-302 I.. -- We are in receipt of your drawing (copy included herewith. marked �'i�uz-e 1 � that shows how you plan to construct a cinder block/chain �xnk fence and storm dra�na�e facilities on or near the property Hne at the year of the subject apartment bu"Idina. The concrete black wall and cha�nlirk fence on tap thereof will be centered on the property lire. The yap of the concrete block fence will be at least 3 ft. above the ground, with the chain link fence being at least 4 ft. higher than the to of thP c:n-ncret.e block -wall. There will be no barbed wire on tap of the chain Zink fence. e a 7 ft Hah concrete block wall. �. ---From the referenced Figure 1, we understand that norm drainage mater from the Birch Plaza �I property will be directed Evia both a sloped ground surface, and an under�raund 4" diameter P earfarated pipe underdrain system) across the northeast corner of the. Day's inn property to a french drain on the Sunset Hall property which you own. We will need a copy of the written easement agreement between yourself and the owner of the Day's Inn property that gives you permission to cross the day's inn property with your storm drainftae water and drainage facilities. j.--- From F'i�ure 1, we understand that you wi'll install and maintain a grid of"ice stops" at 36" on centers an the lower part of the easterly side of the roof to keep snow from sliain� off of the rood onto caps parked on the adjacent carriage House property. The ewes on the east side of she bu ihldi'ncr are sill in violation of the City's Zoning Ordinance. If it is found that the referenced "ice stops" don't stop the snout from slidinc, off of the roof onto the adjacent Carriage House property, the eaves on the east side of the building Will have to be cut cuff back to such length that the snow sliding from the roof stays on your own property. The pity reserves the right to require this modification at any time such is deemed appropriate by the City Encyineer An acceptable alternative would e a 7 ft Hah concrete block wall. �. ---From the referenced Figure 1, we understand that norm drainage mater from the Birch Plaza �I property will be directed Evia both a sloped ground surface, and an under�raund 4" diameter P earfarated pipe underdrain system) across the northeast corner of the. Day's inn property to a french drain on the Sunset Hall property which you own. We will need a copy of the written easement agreement between yourself and the owner of the Day's Inn property that gives you permission to cross the day's inn property with your storm drainftae water and drainage facilities. j.--- From F'i�ure 1, we understand that you wi'll install and maintain a grid of"ice stops" at 36" on centers an the lower part of the easterly side of the roof to keep snow from sliain� off of the rood onto caps parked on the adjacent carriage House property. The ewes on the east side of she bu ihldi'ncr are sill in violation of the City's Zoning Ordinance. If it is found that the referenced "ice stops" don't stop the snout from slidinc, off of the roof onto the adjacent Carriage House property, the eaves on the east side of the building Will have to be cut cuff back to such length that the snow sliding from the roof stays on your own property. The pity reserves the right to require this modification at any time such is deemed appropriate by the City Encyineer 4. — The approved site plan showed various parking, spaces and landscaped areas. The approval of the site pian was contingent upon these parking spaces and landscaped areas being 1n existence, usable and visible at the tl.me the subject building was completed. It is my understanding that you would now life to install a fence aloncr the 21d 'West fit. frontage of the property. The Playing a110 Lanin.g comm. recently approved a change in the Zom'ncr Ordinance that would allow a fence similar to the one you already have along part of this frontage. This Zonincr Ordinance chan.ae allows a fence to be higher that 3 ft. (when within 15' of the street right of way line) if it has a "see through" area of at least fence posts). If you want to install a fence along this 2n' West frontaae you would need to get a new Site Plan back to the P& Z Comm. for their review and approval. This new Site Pian would nee -,-d to show the location of the fence as well as a drawing of the fence itself that would show the P & Z Comm. that 'it would have at least the required 50% "see tluouah" area. Incidently, the street right -of way Zine is 1'3" ft. east of the back -of -curb line an ?,,d West St- so the fence would need to be located behind this right of way line. it is my understanding that you, Mayor Bayle and Farrell Davidson discussed the Ci-ty's program of PaTT1&0 paiin� with property ov�ners in the cosi of removincr and replac4 mcr de-tenaorated curb and gutter and sidewalk_ With 13 ft. from back -of -curb to ri�ht-of= way line, YOU could have a S ft. sidewalk adjacent to your fence and than an S ft. wide landscaped s-�np between the sidewalk and the curd see attached Figure A}. Let myself or Rope know if you want to mei back on the P & Z Comm. agenda for approval of a revised site plan and fence. 51, -- Attachedis a copy of B1air Manwarina's last bu'ld'ina inspection of the subject apartment indicating items with the building itself that still need to be completed. rmit for this build -Inc, consequently, the above items need6.-- A� yet, you have no Oecupancy Pe to be addressed 11=ediately. Very truly yo JOSEPH A. LAIRD, P.E. CITY ENGINEER & B=DING OFFICIAL M%hb IJA it pud" I M ---06q. j7wAE 40e 6 Ar 1 l 4.f� r�._ rte! c..s -- - - �,� � _ __. �t.�c� � , . �►,ry��.�, .--- - - --- - -- - _ --- R N 1O -T S 7tA6. -� .------- -�'.� S��_i� _I7�.]C� --- D ►`}-- ---�x �--t�t, �, � rte' i,7S r- tz -- ��✓mac. ----Cg C /C r — 16 AKLfz_Ec,L— -- --- - - _�AVtDSc�J__�� cp � ����1�t�.i2. -LOL 1 D E L�LD A. OL r ';-UDS— _14--- D I Q3 q C;QT F, --- { mountain. River, Inc. CONSULTING ENGINEERS AND L4ND SURVEYORS July 31, 1997 Ross Farmer P.O. Box 50313 Idaho Falls, ID 83405 'RE: Carriage House Apartments, Rexburg-, Id2ho Dear Mr. Farmer, The following is a summary of the situation and facts as l understand there at the west end Of YOUr property where a new apartment build -Ing is being constructed and my �ecommend afiions to mitigate the adverse impacts of the building being built too close to your property dine. it appears that the new building oCc�pies a porion of the property that 3s adjc�ining to your property on the west and is shown on first American Title company's plats as a 26a' x 226' parcel owned by Dean Birch. I net with City of Rexburg Assistant Engineer Val Christensen on July 25, 1997. We looked up the zoning of the property which shoved high density residential, in this zone the minimum rear yard is 20 fejt. When 1 met with you earlier that clay an the site, the building looks to be within 8 to 10 feet of the property line (the exact distance can be easily determined if required - see attached boundary and topographic survey). The lengthy ease on the new building looks to pit the gave line withintf�Oet of the property line.. This apparent violation of City of Rexburg Zoning creates several posslble neoatiWe impacts on your property. Among these impacts are: 1. bass of the area required for the new development to adequately adsorb rainfall. Approxi matelly 1 10' x 3D` bu i Id ing, '.z of roof drains to past. Rai nfal I of 1 110' x 15' x 1"/12"/ft. 7 cu. ft., without positive drainage to the front of the new building where i understancl new french drains are being placed, this runoff would go to your property. 2. Ice budd-up on the rood of the new building could create sheets of "ice sliding off the roof onto the vehicles or even the tenants in your parking lot. The uniform Building Code (1985 edition) states in Section 504 "'...eaves over required windows shall be not less than 30 inches from the side and rear property lines." _ 1020 Eosf Lincoln Road « Idaho Fal#s. fdahc+ 8344 Phone: (208) 5,24-6175 Fax: (2D8) 524-6181 0 Ross farmer July 31, 1997 Page 2 Possible solutions to Item No. 1 1. Covering the new Fear yard with concrete or pavement. Using a 1 % nope, this would require 150 feet x I °lo = 1.5 fleet of fall from the southeast corner north then west along the north side of the building to the front. 2. A grass surface draining to a perforated pipe placed under the surface. This pips would need to be placed at a I °la slope also, but being below the surface it would require closer to 2 feet of fail. it would also be advisable to place a wall on the property line with a footing expending a minimum of 4 feed below the surface (see attached sketch) to prevent seepage under the existing parking fat. item No. 2 could best be mitigated by cutting of the eave closer to the building which would alio help to contain rainfall within the property lines. Other suggestions would be to install a gutter at the eave line, and heating Cable in the lower past of the roof to help prevent buildup and sliding of ice sheets. Any other help I can give you on this project Such as determining exact locations and grades, and layout, please let me know., Sincerely, Fred W. Wallin, P.E. rl 4792 I x • C i F • 4 _ • _ .e , - k. _��? ..R9 sZ•` - .' �� R{_ _ ��..a . r u . _� a • • _ e • _ ... _ _ � . _ ,• i , - a � v of v - — y�q• v T'i v i �-��',�-'• ..Lw � ear �'� H, � �� � _. � +yl�`'�--.F-.: •s �•._'^ 4"'�� - _ . e t woe A sAWOW Z x URC } NILE L. BOYLE MAYO ROSE BAGLEY CURK RICHARD HORNED. E SURER & FlNANCW, SER Mr. Dean Birch 250 South 2°d West St. Rexburg, Idaho 83440 STATE OF ioaHo RE: Birch Plaza II - mew 9 un.�� a� artment buildina at -2j 5 D So. 2"d WeSt. Dear Dean, P0. BCX 280 12 NORTH CENTER STREET REX8URG, IDAHO 83440 PHONE (2a$) 359-31124 FAX (208) 359-3422 August 12, 1997 It has come to our attention that the subject apartment building has not been. constructed in accordance With the requirements of City Zoning, Ordinance No. 778 & 7Z5. According to the approved Site Plan for the building, the setback to the eveline an the east side of the building was to have been S ft. from the adjacent property line. Measurements at the site indicate that the edge of the buiwldin all (not the eveiine) is approximately S ft_ from the property line, The original plans shativ 2 ft. wide eves. These have now been extended an additional 17 inches without any plan resubmitt�.is to his off ce request' this change. In. addition to beino- in via�atian o� she setback r�quz�ements xn the City Zoning Ordinance, the design of the structure and. the close proxim'ty of the structure to the adjacent property to the east indicates that the storm drainage runoff from the east half of the buildm'cr Will go onto the adjacent neighbor property and that snow and ice s€idi�� aft �f the easy half of the roof �vi� �o onto the nei�hbc�r' s parking lad causing potential damage to velv.cles parked there and potential injury to any persons that may be in the parking Int adjacent to the subject buildm'cr. the construction of Remedies to correct these three problems are not. simple a� this late sta�� ire the building. One possible solution would be to gut off the eves at tile edge of the building aid build a wall along the east property that would be high enouorh, strong enaucrh and mater ti ht enough to take care of the storm dramacre and the falling snow and ice problems. Storm water could be taken by pipe around the east and north sides of the buildincr and pug into the existincy french draini'n the parking lot northwesterly of the northwest corner of the subject building. But, homer you plan to correct this situation is reaily up to you. We will look at any solutions you and your EROM*eer propOse that will take case the three problems. However, I wouid like to emphasL'ze that his situation needs to be resolved ri"ght array! Please get us drawings as soon as possibie showing how you pian to correct these three problems. .We will be forced to pub a STEP WORK ORDER on the project as of � P.M. Friday, August 1.5- N, if we have not, by then, received detailed drawings showing how you plan to correct this problem E Blair telly me that there are several other problems that also need your immediate attention: ].. It was made dear by the Ptam'ncy � Zom'ncr Com -m. and myself that the plans for the subject building had to be sewed and signed by an Arci�tect or Engineer registered in the State of Idaho. Although Blair has brought this to George Benson's attention on numerous occasions we stz�� do not have a complete seg of plans that are signed and sewed by an Enaineer or Architect. One of the sheets of plans has the stamp of a licensed Engineer but the rest da not. 2. The approved plans show a 6" thick reinforced concrete landing for the walk -ways an the var�ous floor levels. Blair �rlan�varing indicates that it appears that you pian to construct these walk -way landincyZ:�swood with wood rather that concrete. 1-f this is the case, you will need to get revised plans into this office riaht awav showing this proposed change so we can evaluate it for compliance with the UniforTn Buildiner Code requirements. � . various parkingspaces and landscaped areas.Tie approved site plan showedThe approval of she site plan was continent upon these parking spaces and landscaped arias b6nor in existence, usable and visibly at the tiz�e the subject bu'ld'ng was camp�ete�. We have nit seenxi any activity directed towards providina the required landscaped areas. Please understand that the completion of the landscaped areas and parking spaces is all a part of this project and a Certificate of occupancy will not be issued fay the buildmog until all of these 'items are also completed. We request that you dive the above items your immedzat� at��ntion. S,tncere-sly, JOSEPH 2;. LArRD5 P.E. CITY ENGINTER & BUTLDENG OFFICIAL.