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File #: 2007-0318    Version: Name: Building Code Variance
Type: MOTION Status: PASSED
File created: 5/23/2007 In control: Board of Trustees
On agenda: 5/29/2007 Final action: 6/18/2007
Title: /Name/Summary Building Code Variance

Title/Name/Summary

Building Code Variance

History

PETITIONER:

David Kennedy of PPKS Architects

Project: Cooper Square Mixed Use Townhouses

 

ATTACHMENTS:

Letter from Petitioner

Site Plan (2)

 

 

DISCUSSION:

A Building Code variance is being requested to allow a Type V building (combustible exterior walls) to be constructed with the “Mixed Use” townhouse units identified as units B6 on the attached “Cooper Square” site plan.  These attached townhouse residential units would be located above first floor “Mixed Use” areas that would place Building #6 within the “Fire Limits” of Orland Park.  The wood framed building is designed for 3 stories in height having business type uses permitted on/in part of the first floor.

 

 

The Building Code’s amended Section (503.2) regulates construction materials used within the “Fire Limits”  The Code regulates Construction Types that range from Type I, II, III, IV (non-combustibles) to Type V (wood frame) for different occupancies.  Non-residential use buildings are within the “Fire Limits” and would require non-combustible exterior wall materials and a fire rated concrete floor between the 1st and 2nd floor spaces of Building #6. The construction Type being requested is Type V-A that uses wood frame structural studs and is a less fire resistive material.

 

 

Building’s that are not Single Family Dwellings as defined in the Code are within the “Fire Limits” and would not allow Type V Construction.  The petitioner has asked for a variance to this code restriction due to limited amount of a Business area being used beneath each of the residential units from 295 sq.ft to 483 sq. ft.).

 

 

To permit non-residential uses below residential units in the same building, a list of restrictions must control the “Mixed Use” areas for a lower hazard.   Regulating the conditions of Building #6 can meet intent of the “Fire Limits” with the following conditions.

 

BUILDING AND ZONING COMMITTEE

On June 11, 2007 the Building and Zoning Committee moved 3-0 to recommend to the Village Board approval of the Variance to Building Code Title V, Chapter I, Section 13, subject to the following conditions:

1.  The “Mixed Uses” below the residential units are limited to a B (Business) and to M (Merchantile) Use Group classifications with a minimum Construction Type of V-A (Tables 503 and 601).  

2.  The maximum area of the “Mixed Use” spaces below the residences is 483 Square feet and shall not extend into adjacent units or required garage parking spaces

3.  Floor and wall construction between separate “Mixed Uses” shall be not less than 1-hour fire rated assemblies installed as required in the Village Building Code.

4.  The “Mixed Use” business area for each unit shall be separately fire sprinkler protected with conditions that will meet the Village Code. Additional Fire Detection will be required for the “Mixed Use” spaces.

5.  When the “Mixed Use” areas of Building #6, are used for residential purposes, the design elements shall be adaptable to meet the Illinois Accessibility Code for possible future uses.

6.  The size for each residential unit shall meet the minimum area requirements of 1400 square feet as specifically noted in Sections 512.1.5 and defined in Section 501.2 of the Building Code.

 

This is now before the Village Board for consideration.

Recommended Action/Motion

I move to approve of the Variance to Building Code Title V, Chapter I, Section 13, subject to the following conditions:

 

1.  The “Mixed Uses” below the residential units are limited to a B (Business) and to M (Merchantile) Use Group classifications with a minimum Construction Type of V-A (Tables 503 and 601).  

 

2.  The maximum area of the “Mixed Use” spaces below the residences is 483 Square feet and shall not extend into adjacent units or required garage parking spaces

 

3.  Floor and wall construction between separate “Mixed Uses” shall be not less than 1-hour fire rated assemblies installed as required in the Village Building Code.

 

4.  The “Mixed Use” business area for each unit shall be separately fire sprinkler protected with conditions that will meet the Village Code. Additional Fire Detection will be required for the “Mixed Use” spaces.

 

5.  When the “Mixed Use” areas of Building #6, are used for residential purposes, the design elements shall be adaptable to meet the Illinois Accessibility Code for possible future uses.

 

6.  The size for each residential unit shall meet the minimum area requirements of 1400 square feet as specifically noted in Sections 512.1.5 and defined in Section 501.2 of the Building Code.