Construction Board of Adjustment Minutes - 01/03/1992 Building Code Board of Adjustments & Appeals
Friday, January 3 , 1992
Board Members Present: Visitors & City Personnel:
James Foster Earl Potts
Michael Koen
Ted Litteken .
John Morrison
Randy Wachsman
Lindsey Walker
Board Members Absent:
Donald Boley
Rebecca Lanmon
George Ross
Regular Agenda: Appeal of Table 600 of Building Code concerning
the required fire resistance rating and openings in an exterior
wall, Mount Pleasant Baptist Church, and requesting a variance.
The meeting was called to order at 1: 37 P. M. by Board Chairman
James Foster. Mr. Foster noted that only one item wag scheduled
and asked the Building Official if the staff had any position on
the issue at hand. Mr. Potts stated that he would remain neutral
in this case.
Mr. Foster then asked Mr. Charles Harper, of Harper Perkins
Architecture, to explain the particulars of the appeal. Mr.
Harper was representing Mount Pleasant Baptist Church and the
petitioner, Robert M. Castle.
Mr. Harper stated that the Church had been working on a master
plan of repair and reconstruction for several years. When the
proposed 3500 square foot addition was being planned, the
platting process revealed that the church parking lot next to the
new addition did not belong to the church, but was under
ownership of the Masonic Lodge. The construction plan for the
proposed addition would place the new west wall on this property
line. Furthermore the plan called for windows and an entrance
door on this wall. The Building Code does not allow openings
(doors, windows, etc. ) in a wall on a property line and requires
that such wall be fire rated for fire protection. In order to
construct according to plans, a variance was being requested in
order to construct such wall openings.
Page 1 of 3 pages
Agenda Item No.
Mr. Harper further stated that the church had acquired a fifty
(50) year lease on the property in question for use as a parking
lot. Also, according to the Masonic Charter, the property could
not be sold, therefore the likelihood of a building being
constructed on the adjoining parking lot was remote.
Mr. Foster asked "if the use of the church was changed or
converted at some future date, would the Building Official
require that the wall in question be brought up to code, if a
variance were granted today?"
Mr. Potts responded that the degree to which an existing building
be brought up to code, when converted, would depend upon proposed
use, but that the code would require substantial compliance. In
that context, if life safety aspects were in compliance no
further updates would be needed. Also, if the Board granted a
variance now, that variance would apply to any future use.
Ted Litteken had concerns that the parking lease agreement, as
set forth as a factor in the granting of the variance, was in
reality, only a thirty day lease. This was due to the fact that
the lease agreement, as he read it, allowed the lessor to void
the lease upon thirty day notice to the church.
Mr. Harper noted that even if the lease was voided the Lodge
charter would not allow the property to be sold, therefore there
was little chance of a building ever being built on the lodge
property parking lot.
Mike Koen stated that any future construction of property next to
the church should require the closing of any existing openings in
the wall in question.
Mr. Litteken stated that he was ready to make a motion for
approval of the variance, if, legally, the motion could contain
language to require the openings be closed if the property is
sold.
Mr. Potts responded that the Board could grant a variance with
special conditions and that if approved, those conditions would
be made a part of the Inspection Division platt information for
future reference.
Mr. Litteken then made the motion "that the Board grant the
variance as applied for, with the stipulation that when the
lease, as submitted as part of the application, is revoked or
voided or when either the Masonic Lodge property parking lot or
Page 2 of 3 pages
Agenda Item No.
the church property is sold, that such variance would be
rescinded and all openings in the west wall so allowed by this
variance will be closed in accordance with the 1988 Building
Code, Table 600. "
The motion was seconded by Mike Koen and the Board voted 6-0 in
favor of the motion.
Mr. Foster indicated that the vote concluded the regular agenda
and asked if there was any other business to be discussed. Being
none Mr. Foster adjourned the meeting at 2 : 10 P. M.
J s Foster, Chairman
Earl Potts, Secretary to the
Board
Page 3 of 3 pages
Agenda Item No.
31 December 1991
Dear Board Member:
RE: Appeal of Robert M. Castle,
Mount Pleasant Baptist Church
809 Harding Street.
The attached appeal is for a variance of fire protection requirements
as noted for buildings in Table 600 of the Building Code. (copy
attached)
This case involves the addition to an existing church (small assembly)
of Type VI construction located on the property line. As noted in
Table 600 , the location of such structure would require that exterior
walls provide one hour protection with no openings allowed in such
walls. The applicant has asked for a variance in this case, due to the
fact that the adjoining property in question is now being used as a
parking lot by the church. The church has obtained a fifty (50) year
lease for use as a parking lot (parking lot agreement attached) .
The hearing for appeal has been scheduled for 1: 30 p.m. on January 3 ,
1992 , in the Planning Department Conference Room. Your attendance and
consideration of this appeal is appreciated.
Respectfully,
Earl Potts
Building and Code Administrator
EP/dd
Attachment
rilITY OF WICHITA FALLS .
INSPECTION DEPARTMENT
NOTICE OF APPEAL
(Type or Print All Information)
Address of Project 809 Harding Street
Legal Description: Lot lA Block 1 SubdivisionBlackmon & Williams Third Add.
Property Owner Mount Pleasant Baptist Church
Date of Decision of Building Official
Petitioner's Name Robert M. Castle, Pastor
Petitioner's Address 809 Harding St. Wichita Falls, TX 76301
Status of Project; Not Started Under Construction XX
Completed Permit Number (If Issued)
Summary of Specific Appeal including Code Sections e.ffectPd by Appeal:
The proposed building will be built on the west common property line between the property
described above and the adjacent lot that contains a lodge building and a parking lot.
The parking lot belongs to the Church and the property that the parking lot is on is leased
by the Church tor SO years. (Lease enclosed) The new building is a wood frame, brick veneer
building, type VI construction. Table 600 requires a 1-hour protected wall with 0% %openings
for a wall that is 0-3 feet from the common property line. The church wants an entrancewindows into the new fellowship hall from the parking lot.
Specify in detail, why a variance should be granted.
The building is designed for an entrance into the building from the parking lot and windows
into the new fellowship hall. Since the Church has recently leased the land fnr Sn yParG
the Church controls any building on the leased lot at least for the next 50 years. The
Church asks for a variance for the required "fire wall" with no opening to a regular
brick veneer, type VI construction with an entrance and windows.
(Additional sheets or data may be attached)
Date of Appeal 27 December 1991 RA,a- rf
Signature of Property Owner (or duly
authorized agent)
•
Same as Owner
Signature of Petitioner
(If Different from Owner)
IMPORTANT NOTICE
Address all appeals to the Building Board of Adjustments and Appeals c/o
Building & Code Administrator, P. O. Box 1431. All appeals must be received
by the Inspection Department at least ten (10) days prior to the regular
meeting of the Board. The petitioner must be present at the Board meeting.
A separate notice of appeal must be submitted for each variance or
modification request. Any action taken on ' this appeal affects only the
items listed herein.
FOR BOARD. USE ONLY
Date of Hearing Appeal Approved Appeal Approved as Modified
Appeal Denied Vote of Board •
Written Decision of Board (Attached)
Signature of Board Chairman
• O
THE STATE OF TEXAS
COUNTY OF WICHITA )
PARKING LOT AGREEMENT
WHEREAS, Key West Lodge No . 257, Prince Hall Affiliation,
is the owner of Lots 4 and 5 of Block 1, Blackmon-Williams Third
Addition to the City of Wichita Falls , Wichita County, Texas, and
WHEREAS, the back nortion of said lots , being the por-
tion thereof which is south of the buildings located thereon, has
been black-topned and is vacant and adjoins the nronerty of Mount
Pleasant Baptist Church, and.
WHEREAS, Mount Pleasant Baptist Church desires to use
the same as a narking facility:
NOW, THEREFORE, for and in consideration of the sum of
Twenty ($20.00) Dollars per month, to he paid in advance by Mount
Pleasant Baptist Church, Key West Lodge No. 257, Prince Hall Affili-
ation, does hereby grant unto Mount Pleasant Baptist Church the
right and privilege to use the vacant nortion of said lots as a• nark-
ing facility. The term of this Agreement shall be for a period of
fifty (50) years from and after December 7, 1991; it being under-
stood and agreed that said Lodge shall make no use of said nronerty
which would impair the use thereof by said Church. It is further
agreed that said Lodge may cancel this Agreement upon 30 days'
written notice to said Church and unon the payment to said Church
of the total amount spent by it on the imnrovements on the surface
of such parking area and that said Church may cancel this Agreement
at any time upon 30 days' written notice to said Lodge. It is fur-
ther understood that this Agreement is in no way to be construed as
any portion of a Deed, as Key West Lodge No. 257 is and will remain
the sole owner of the above-described property.
It is further understood and agreed that at the end of
said 50 year period, said Mount Pleasant Baptist Church shall have
the right to renew this lease; and if said Mount Pleasant Baptist
Church desires to exercise its option to renew this Agreement, said
Church shall give 30 days' written notice to said Lodge of its
intention to do so. In the event that said Key West Lodge No .
257 receives a bona fide offer to Purchase this property during
the term of this lease or any extension thereof, said Lodge shall
submit the amount and terms of said offer to Mount Pleasant Bap-
tist Church; and said Church shall have a neriod of 30 days in
which to match the terms of such offer; and in the event that the
Church elects to do so, said Church may purchase the nroverty of
said lodge on the same terms and conditions as are contained in
such bona fide offer.
WITNESS our hands this day of December, 1991.
KEY WEST LODGE NO, 257, PRINCE HALL
AFFILIATION
BY:-�C � .�C
RII HARD W, TO LIVER ,WORSHIPFUL MASTER
BY:
ANDREW GREEN ?SENIOR WARDEN
BY r Cl(/LG//0.42tilil.
ORD L. HAMILTON ,JUNIOR WARDEN
MOUNT PLEASANT BAPTIST CHURCH
BY: RAtilt (1
ROBERT M. CASTLE, PASTOR
i
BY: 1. 4
. NA D E WARD, , TRUSTEE
THE STATE OF TEXAS X
COUNTY OF WICHITA X
BEFORE ME, the undersigned authority, in and for said
County, Texas, on this day personally appeared RI;CHARD W. TOLLIVER ,
ANDREW GREEN and ALFORD L. HAMILTON , known to me
to be the persons whose names are subscribed to the foregoing instru-
Agreement . Page 2
410
or
meat, and acknowledged to me that they executed the same for the
purposes and consideration therein expressed and in the capacities
therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this / Zek
day of December, 1991.
d -e ,.t1.
NOTARY A BLIC IN AND FOR TJTATE OF
TEXAS
MARJORIE A. TILFORD
(Notary Tyne, Print or Stamp Name)
My Commission Expires : 6/3/93
. THE STATE OF TEXAS X
COUNTY OF WICHITA X
BEFORE ME, the undersigned authority, in and for said
County, Texas , on this day Personally apneared ROBERT M. CASTLE
and LEONARD EDWARDS, known to me to be the nersons whose names are
subscribed to the foregoing instrument , and acknowledged to me that
they executed the same for the nurnoses and consideration therein
expressed and in the capacities therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this 9,4-A day
of December, 1991.
j&'i- C - ''/ ter ,{4
NOTARY B£1C IN AR THE STATE"
OF TEXAS
MARJORIE A, TILFORD
(Notary Type, Print or Stamp Name)
My Commission Expires 6/3/93
Agreement Page 3
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