-----Original Message-----
From: Cliff Ogburn
Sent: Wednesday, May 26, 2010 9:45 AM
To: Tim Wilson
Subject: RE: Old Seamark Food Store OB Mall

 

Got it, thanks-

 

-----Original Message-----
From: Tim Wilson
Sent: Wednesday, May 26, 2010 9:08 AM
To: Cliff Ogburn
Cc: Ronnie Ballance
Subject: RE: Old Seamark Food Store OB Mall

 

Past occupancy of the building for an indoor assembly use event was neither building nor zoning compliant, but the town decided to let it go with the admonishment that future events would have to be fully compliant.  In order for this building to be zoning compliant for the described use the zoning ordinance would require amendment approved by the BOC.

 

-----Original Message-----
From: Cliff Ogburn
Sent: Tuesday, May 25, 2010 9:56 PM
To: Ronnie Ballance; Tim Wilson
Subject: Re: Old Seamark Food Store OB Mall

 

If the building can be occupied for assembly for temp events as it has in the past provide the building is brought to code then zoning violations exist and the applicant starts the process, correct?

From: Ronnie Ballance
To: Cliff Ogburn
Sent: Tue May 25 10:25:26 2010
Subject: RE: Old Seamark Food Store OB Mall

Cliff,

The building code problems with this building consist of the required mechanical equipment for HVAC and ventilation is either not operating or is not in existence anymore. These issues need to be addressed and corrected prior to any future occupancy.

 

RB

 

-----Original Message-----
From: Cliff Ogburn
Sent: Tuesday, May 18, 2010 6:01 PM
To: Ronnie Ballance; Tim Wilson; David Morton; Kevin Brinkley; Kevin Zorc
Cc: Michelle Gray
Subject: FW: Old Seamark Food Store OB Mall

 

Mike Kelly and Kyle Briglia met with me today concerning hosting a MMA event at the old Seamark building.  I explained some of the concerns that the town has with use of the building outlined below.

 

For clarification I need some more information as to what is involved from changing use from retail to assembly.  What are the requirements that MUST be done if occupancy exceeds 375, if it exceeds 500?  I realize that we have made some exceptions in the past so that events could happen and that we must have some of the deficiencies addressed before future events can happen.  I would like to see this facility utilized and think that there is an opportunity for assembly space, if required changes are addressed.  There is a new Property Manager who seems amenable to making these required changes.  Please provide me a copy of all applicable codes that address what must be done.

 

Thanks-

 

 

-----Original Message-----
From: Ronnie Ballance
Sent: Wednesday, July 22, 2009 9:05 AM
To: 'Patti'
Cc: Cliff Ogburn; Tim Wilson
Subject: RE: Old Seamark Food Store OB Mall

 

Patti,

Thank you for your response, for clarity, the issues in my e-mail were not addressed toward any zoning issues, I am not a zoning administrator, the problem of the use and/or the change of use that I reference applies only to building code issue.

 

My intention was not for the building to be utilized but for it to be utilized safely.

 

Thank You

Ronnie Ballance

 

 

-----Original Message-----
From: Patti [mailto:patti@rosemyr.com]
Sent: Wednesday, July 22, 2009 8:45 AM
To: Ronnie Ballance
Cc: Cliff Ogburn; Tim Wilson; Kevin Zorc
Subject: RE: Old Seamark Food Store OB Mall

 

Ronnie,

Thank you for allowing the Home Builders and the NC Special Olympics to occupy the Seamark building for their special events. I have to admit it never occurred to me that the zoning would be a problem. We have allowed these activities in the Seamark building to assist the community since at this time there is no convention center and to bring additional customers to the mall.

 

I have not committed to any future short term events and will not allow the building for these uses in the future without adhering to your requirements.

 

Thank you again for your cooperation in the past and your professionalism in contacting me on this matter.

 

Best regards,

Patricia Lenehan, Vice President

The Rosemyr Corporation, Manager

Nags Head Company, LLC

The Outer Banks Mall

 

 

Ms. Patti Lenehan,

 

In the past few years since the Seamark Foods closed, your company has leased this building for short term events, twice to the OB Homebuilders Association and again last weekend for to a promotional group. The home builders’ events were not an intense use and the event was spread out over 3 days with occupancy in the building limited because vender booths take up most of the area. The MMA fight was that took place last Saturday night was a higher intense use with occupancy of 500 or more and high intense lighting around the stage.

 

The inspection department has in the past and will continue to help the owners try and utilize this building. However, during the inspection of the building for the Saturday night event some deficiencies in the building were found that caused problems with allowing occupancy until resolved, even for just the one night. These deficiencies consist of the lack of the appropate number of bath room facilities for occupancy of 500 and fully operating HVAC and ventilation systems. The present bathroom facilities would limit the occupancy 375 based on the NC State Plumbing Code. The exhausts fan motor for the required bathroom ventilation was not operational and only 25% of the A/C units were operating. Any proposed occupancy would require the facility be safe to occupy. This would include all existing plumbing, electrical, HVAC, ventilation and fire protection equipment to be operating properly prior to occupancy.  

 

The original building was designed and built for a retail occupancy including the electrical, plumbing, mechanical and fire protection. The uses from the last two tenants in accordance with the 2009 NC State Building Code would be classified as Assembly occupancies, Group A. In order for this building to be used as assembly occupancies a change of use permit would need to be applied for and issued by the inspection department. This change of use would require the building to comply with the NC State Rehab Code. Please be advised that the NC State Building Code would not allow a more intense occupancy of the building than the original occupancy classification without a change of use permit. In this case, the change from a (B) business use to an (A) assembly use would be more intense and not allowed with out having a change of use for the building issued by the inspection department.

 

This information is being sent to you for information. Future use of this building or any portion of the building may be restricted when applicants apply for proposed crowd gathering permits to the town for events that would require a change of use by building code and/or the facilities of the building are not operational.

 

Please contact me if you have any questions at 252-449-2005.

 

 

Ronnie Ballance

Chief Building Inspector

Town of Nags Head

July 21, 2009