SUBJECT:
Title
An Ordinance of the Town Council of the Town of Erie amending Chapter 7 of Title 3 of the Erie Municipal Code, Expanding the Duties of the Board of Adjustment
Body
DEPARTMENT: Planning & Development
Department
PRESENTER(S): Sarah Nurmela, Director of Planning and Development
Ed Kotlinski, Chief Building Official
Joel Champagne, Deputy Chief Building Official
First Name Last Name, Title
TIME ESTIMATE: 15 minutes
only required for non-consent items
FISCAL SUMMARY: N/A
POLICY ISSUES:
No Policy Issues. However, the adopted building codes state that an applicant for a building permit has the right to appeal a decision of the Building Official to a Board of Appeals. This amendment would provide for that.
STAFF RECOMMENDATION:
Recommendation
Staff recommend adopting the ordinance amending Chapter 7 of Title 3 of the Town of Erie Municipal Code, expanding the duties of the Board of Adjustment to include the duties of a Board of Appeals.
End
SUMMARY AND BACKGROUND OF SUBJECT MATTER:
In accordance with the adopted 2021 International Codes (the Code) an applicant for a building permit has the right to appeal a decision of the Building Official to the Board of Appeals. However, the Town does not currently have a Board of Appeals. The ordinance would expand the duties of the Board of Adjustment to include duties of the Board of Appeals, to be known as the BOA.
The initial ordinance (No. 043-2024) before Town Council on Dec. 10, 2024, was tabled by the Council. Council requested that staff confirm the qualifications of current members (4) in accordance with 3-7-3(A)(1) - members shall be an architect, engineer, master electrician, or licensed building contractor.
A Board of Adjustment meeting was held Feb. 27, 2025, to inform members of the proposed ordinance, gather qualifications, and encourage completion of their terms. Each member offered qualifications and the desire to remain on the Board to include the duties of a Board of Appeals, suggesting the language regarding qualifications of board members in 3-7-3(A)(1) be revised to use language directly from the building codes requiring Board members to be residents of the Town who are qualified by experience and training to consider matters pertaining to building construction.
Town staff will begin active recruitment of perspective BOA members after ordinance adoption that includes possible interest from an architect, an active and retired building official.
COUNCIL PRIORITY(S) ADDRESSED:
ü Safe and Healthy Community
ü Effective Governance
ATTACHMENT(S):
1. Ordinance No. 010-2025