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HomeMy WebLinkAbout20096 Appellant Presentation City CommissionThe Etha Hotel LLC April 6, 2020 Commission Presentation ETHA’S REQUEST •MODIFY MARCH 4, 2020 DECISION TO REMOVE THE EFIS CONDITION •AFFIRM MARCH 4, 2020 DECISION IN ALL OTHER RESPECTS EIFS CONDITION Applicant must submit a new plan to cover EIFS exterior building materials so that no more than 25% of the entire exposed building façade (calculated by combining the exterior surface area of the Tower and the Armory, including windows) is EIFS, in compliance with 38.530.060.C.3.a BMC (2020). Some leeway on the strict percentage limitation will be considered. The Applicant’s plan to cover portions of EIFS on the exterior of the building will be subject to a 15 day public comment period, after which the Director of the Community Development Division must issue a decision on the new plan to cover exterior EIFS material. CONFIRMING WHAT EIFS IS EIFS =Exterior Insulation and Finishing System Brand of EIFS used by Armory = “TAFS” ETHA WORKED, AND HAS BEEN TRANSPARENT, WITH THE CITY •2012 -PLAN TO REPURPOSE ABANDONED ARMORY •2014 INITIAL EXTERIOR DESIGN SUBMITTED TO CITY 2014 -City Approved •2015 REVISED EXTERIOR DESIGN SUBMITTED TO CITY 2015 –City Approved Plans Stamped “APPROVED FOR CONSTRUCTION” 2015 UDC had no EIFS limitation Excerpted Photocopy of 1st Page of 2015 Approved Plans: Stamp from 2015 Approved Plans (blown up): 2015 CITY APPROVAL 2015 APPROVED PLANS ETHA WORKED, AND HAS BEEN TRANSPARENT, WITH THE CITY •2012 -PLAN TO REPURPOSE ABANDONED ARMORY •2014 INITIAL EXTERIOR DESIGN SUBMITTED TO CITY 2014 -City Approved •2015 REVISED EXTERIOR DESIGN SUBMITTED TO CITY 2015 –City Approved Plans Stamped “APPROVED FOR CONSTRUCTION” 2015 UDC had no EIFS limitation •2016-2018 CONSTRUCTION FINANCING SECURED Relied upon 2015 city approved plans •2018-2019 FUNDS SPENT ON EIFS CONSTRUCTION Based upon 2015 approved plans REASONS EIFS CONDITION SHOULD BE REMOVED 1.ETHA RELIED UPON AND BUILT WHAT CITY APPROVED FOR CONSTRUCTION 2.CREATES SAFETY ISSUE WHERE NONE NOW EXISTS 3.COMPROMISES INTEGRITY OF COMPLETED BUILDING ENVELOPE 4.VOIDS WARRANTIES 5.EIFS CONDITION IS EXTREMELY EXPENSIVE 6.EIFS IS CONSISTENT WITH NEIGHBORING BUILDINGS 7.CREATES UNCERTAINTY FOR HOTEL OPENING AND JOBS 8.ETHA HAS ACTED IN GOOD FAITH EIFS CONDITION CREATES STRUCTURAL & SAFETY PROBLEMS •EIFS CONDITION TRANSFORMS COSMETIC ISSUE INTO SAFETY CONCERN •EIFS IS THE BUILDING ENVELOPE –ITS SKIN A layered system protecting the structure Thickness is 5” to 11” •SUGGESTED METAL PANELS DEGRADE BUILDING PROTECTION EIFS, as approved, not designed for metal panels Fasteners would perforate “skin” in hundreds of locations Insuring secure anchoring system requires removing EIFS Waterproof character would be compromised –resulting in mold Destroys EIFS and shortens life of the building •SUGGESTED METAL PANELS ARE DANGEROUS Attaching to EIFS is dangerous Not designed for attaching metal panels through EIFS Impractical to ensure fasteners engage anchoring studs through EIFS Uncertain to find warranted fasteners (type or installation) •SUGGESTED METAL PANELS WOULD VOID WARRANTIES Perforating EIFS would void manufacturer’s and installer’s warranties No panel maker found would approve fastener length CROSS-SECTION OF EIFS AS CONSTRUCTED CONSISTENT WITH NEIGHBORING BUILDINGS AND NCOD •IN NEIGHBORHOOD CONSERVATION OVERLAY DISTRICT (NCOD): The intent and purpose of the conservation district designation is to stimulate the restoration and rehabilitation of structures, and all other elements contributing to the character and fabric of established residential neighborhoods and commercial or industrial areas. New construction will be invited and encouraged provided primary emphasis is given to the preservation of existing buildings and further provided the design of such new space enhances and contributes to the aesthetic character and function of the property and the surrounding neighborhood or area. Contemporary design will be encouraged, provided it is in keeping with the above-stated criteria, as an acknowledged fact of the continuing developmental pattern of a dynamic, changing community. §38.340.010.C •EIFS MEETS PURPOSE AND INTENT OF NCOD CURRENT PHOTO OF ARMORY LOOKING WEST ON MENDENHALL STREET EIFS/STUCCO IS CONSISTENT MATERIAL USED IN NEIGHBORHOOD CONSISTENT WITH NEIGHBORING BUILDINGS AND NCOD •IN NEIGHBORHOOD CONSERVATION OVERLAY DISTRICT (NCOD): The intent and purpose of the conservation district designation is to stimulate the restoration and rehabilitation of structures, and all other elements contributing to the character and fabric of established residential neighborhoods and commercial or industrial areas. New construction will be invited and encouraged provided primary emphasis is given to the preservation of existing buildings and further provided the design of such new space enhances and contributes to the aesthetic character and function of the property and the surrounding neighborhood or area. Contemporary design will be encouraged, provided it is in keeping with the above-stated criteria, as an acknowledged fact of the continuing developmental pattern of a dynamic, changing community. §38.340.010.C •EIFS MEETS PURPOSE AND INTENT OF NCOD •6 OF 9 NEIGHBORING BUILDINGS USE SIMILAR MATERIALS •SCOPE/STYLE/COLOR CONSISTENT WITH AREA •HONORS ART DECO STYLE •ASSET TO THE COMMUNITY ASSET TO THE COMMUNITY AT PURCHASE CONSTRUCTION COMMENCES TODAY ETHA’S REQUEST •MODIFY MARCH 4, 2020 DECISION TO REMOVE THE EFIS CONDITION •AFFIRM MARCH 4, 2020 DECISION IN ALL OTHE RESPECTS