Board of Adjustments & Appeals - Regular Meeting

CONSIDERATION OF THE UNAPPROVED MINUTES FOR DECEMBER 17, 2025

PUBLIC HEARING AND CONSIDERATION OF VA 26-01 A REQUEST FOR A VARIANCE FROM THE REQUIREMENT TO INSTALL AN AUTOMATIC FIRE SPRINKLER SYSTEM AT 106 DR MARTIN LUTHER KING JR DRIVE WEST IN A T-5C ZONING DISTRICT.

The applicant, Francis Tran on behalf of Far Out Motel, is requesting a variance from the requirement to install an automatic fire sprinkler system for an existing motel located at 106 Dr. Martin Luther King Jr. Drive West (Parcel No. 118P-00-084.00) within the T-5C zoning district. The applicant states that the structure has operated as a motel since its original construction and predates current sprinkler requirements; however, recent work has occurred. The applicant started extensive interior work without required permits. The applicant claims that work was limited to necessary remedial repairs. The applicant also states that the work was limited to repairs addressing deterioration and water damage rather than a full renovation. The applicant indicates that installation of a compliant sprinkler system would require substantial upgrades, including replacement of water infrastructure and extensive interior demolition, and has proposed alternative fire safety measures such as a monitored fire alarm system, hard-wired smoke detectors, emergency lighting, exit signage, and fire extinguishers in lieu of full sprinkler installation. The Fire Marshal determined that the subject property, an existing Group R-1 (motel) occupancy, underwent extensive interior work without required permits, including removal of interior walls, electrical systems, plumbing systems, mechanical systems, and life-safety features such as fire alarms and emergency lighting. A Stop Work Order was issued after the unpermitted work was identified. Based on the scope of work, the project qualifies as a Level 3 alteration under the International Existing Building Code (IEBC), as more than 50 percent of the building area was affected. Under IEBC requirements, Level 3 alterations trigger compliance with current life-safety standards, including automatic fire sprinkler systems where required. The Fire Marshal further determined that: 1. The building is classified as Group R-1 (hotel/motel occupancy), which requires automatic sprinkler protection under the International Fire Code (IFC). 2. The City of Starkville Unified Development Code (UDC) imposes additional local requirements, including sprinkler installation when alterations exceed 25 percent of the building area. 3. The scope of work exceeds both thresholds, independently triggering the requirement for a sprinkler system under adopted codes and local ordinance requirements. The Fire Marshal further determined that the requested variance cannot be supported from a life-safety and code enforcement standpoint. Variances are not appropriate where they would reduce required fire protection systems, create a life-safety hazard to occupants, or conflict with adopted codes and ordinances. The subject property operates as a motel (Group R-1 occupancy), which presents an elevated life-safety risk due to transient occupants unfamiliar with the building, sleeping occupants, and the potential for delayed emergency response. The International Existing Building Code (IEBC), International Fire Code (IFC), and International Building Code (IBC) establish minimum life-safety standards and are not intended to be waived based on cost or construction difficulty. Given the extent of unpermitted construction, the determination of a Level 3 alteration, and the applicability of adopted codes and local ordinance requirements, the Fire Marshal found that there is no basis for granting a variance from the required automatic fire sprinkler system and recommends denial of the request.

PUBLIC HEARING AND CONSIDERATION OF VA 26-02 A REQUEST FOR A VARIANCE TO REDUCE THE FRONT YARD SETBACK FROM 25' TO 15' FOR LOTS 217 OF THE COUNTRY CLUB ESTATES PHASE 3-E SUBDIVISION IN A SD-2 ZONING DISTRICT.

The applicant is requesting a variance to reduce the required front setback from 25 feet to 15 feet in order to move the proposed house closer to the street. The stated reason for the request is to improve drainage conditions on the lot. The slope affecting the lot was shown on the original subdivision plat and infrastructure plans. The applicant is also the developer of the subdivision and was involved in the design and construction of the infrastructure. As a result, the conditions affecting the lot were known prior to development. All other homes on the east side of the street meet the required 25-foot front setback. Approval of this request would result in one home being located significantly closer to the street than others in the immediate area. There have been two other variance requests to reduce the front yard setback for lots in the subdivision. Those two requests were for entire blocks within the neighborhood. This request is very different because it is for one lot along a street that has existing housing and houses currently being built. All of those houses are meeting the 25-foot front setback. This house would be unique in that it will be 10 feet closer to the road than any other house on the street. One potential impact of the requested front setback reduction is a decrease in available space for required on-site parking. With a street facing garage door located only 15 feet from the front property line, there is insufficient driveway length to accommodate a parked vehicle without obstructing the sidewalk or encroaching into the public right-of-way. To address this issue, staff recommends that any approval of the variance include a condition requiring all street-facing garage doors to be set back a minimum of 20 feet from the public right-of-way. The applicant's current site plan would meet this requirement. Based on the analysis of the criteria contained in Section 3.7.1 staff recommends denial of the request. If the variance request were to be approved, Staff recommends attaching the following condition: 1. Any front facing garage door shall be setback a minimum of 20' from the right-of-way.