The developer of a housing complex on St. John has until Oct. 10 to reply to the Department of Planning and Natural Resources about questions regarding what was designed and what is actually being built.
The first of two buildings permitted under a variance of the R-2 zoning on Parcel 9-3 Glucksberg is now two stories tall, and community members are concerned that flaws in the design and construction have not been addressed. They brought their concerns to the Source.
When the Source queried DPNR, Jamal Nielsen, media relations coordinator, responded, “Following a rereview of the construction package submitted to the Department of Planning and Natural Resources (DPNR), it was found that the documentation contained a few typographical errors. These errors are limited to certain portions of the submittal materials and do not affect the overall design or its compliance with applicable codes.”
Nielsen also said issues regarding permitting fees are also being reviewed.
But architect Michael Milne, who has continued to challenge the project since it first became public, said, “The statement from Mr. Nielsen is not accurate. For years we’ve pointed out errors and inaccuracies in the application and the drawings way beyond typographical errors, yet DPNR took no action and approved the project anyway.”
Nielsen said DPNR is ready to take action if the design concerns are not addressed. “DPNR has already reached out to both the architect and the owner to ensure the noted corrections are made, and they are actively working to address these items. If the project owner and designer fail to make the necessary corrections, we will be forced to issue a stop-work order on the project. They have been given a three-week timeline to complete the corrective measures.”
The project, now known as Gifft Hill Land, LLC, has faced controversy since it was proposed back in 2023. One concern is its unusual design: It is being constructed out of steel shipping containers stacked two stories high. Steel containers can be used as residences, but Milne said there are strict building code requirements that haven’t been met according to the plans on file.
The project has also generated controversy because of its intended use. Originally pitched as “affordable cohousing” and then as “workforce development housing,” each building is intended to function as a rooming house with 12 single-occupancy individual units. Each 160-square-foot unit contains a bedroom and a bath, and tenants have access to an open-air living space with a full kitchen.
Zoning and Building Requirements Differ for Residences and Rooming Houses
Under the site’s R-2 (Residential low-density) zoning, a property owner can build a residence with 12 bedrooms, but if each bedroom is leased separately, the dwelling is deemed commercial and is not permitted under R-2 zoning. Each unit in this project is metered separately for utilities, further indication of its commercial use.
In 2023, after community members protested the zoning discrepancies, Gifft Hill Land, LLC developer Ari Goldschneider requested a change in zoning to R-4 (Residential High-Density) to allow him to construct a “Lodging/Rooming House.” But at a Senate hearing in April 2024, he changed his request to a zoning variance, which was granted by legislation (Bill No. 35-0317) on June 27, 2024.
Now that the structure of the first building is nearing completion, community members are looking at what is being built, comparing it to the plans on file with the Department of Planning and Natural Resources, and raising many of the same concerns they expressed over the past two years.
By definition, a “Lodging/Rooming house “ is a commercial endeavor, but the permit application on file does not appear to reflect the change from two residential structures to two commercial structures with a total of 24 units.
The difference is significant: residential structures follow the construction requirements of the International Residential Code, while commercial projects must abide by the much more rigorous set of requirements of the International Building Code. Jamal Nielsen from DPNR confirmed that the project is being built according to the International Building Code.
When the zoning issues emerged in 2023, Milne challenged the legality of the permit by filing a complaint with the Board of Land Use Appeals. (That appeal was made moot when the permit was withdrawn by the developer and the zoning variance was granted by the Senate.) But Milne has been keeping his eye on the project, and he sees numerous code violations under the current plans.
First, according to the International Building Code, shipping containers used for housing must be certified by a structural engineer. Milne could find nothing in the permit file proving that an engineer had reviewed the design of the project on Gifft Hill.
After examining the plans on file, Milne could find no evidence that the truss roof would be attached according to IBC regulations or that the containers themselves would be securely attached to the foundations. As neighbors have watched the construction progress, they have posted their concerns on social media. (Many of them lost their roofs — if not their homes — during Hurricane Irma in 2017.)
In addition, the IBC specifies enhanced measures for fire safety. For example, construction of rated walls, floors and roofs must be designed to provide separation among the units to prevent the spread of fire. According to Milne, no such measures are shown in the plans. The plans also do not include a design for a sprinkler system (with pumps and additional cisterns). Milne noted that the interior balconies (leading to the entrances of the second-story units) will be constructed out of synthetic wood, which can easily burn.
Milne also found several violations of the Americans with Disabilities Act. A lodging house must provide for wheelchair access to at least 10% of the units, but the current design does not show ramp access to the buildings’ entrances and to at least one unit in each building.
Unlike previous plans, the current plan on file does show parking for 24 vehicles, but the parking is arranged around the perimeter of the site, which is not allowed under the current R-2 code without screening, according to Milne, and none of the spaces are shown to be paved for handicapped accessibility.
Milne found other problems with the plans on file, including no detailed drawings of the plumbing and electrical systems, no plans for cladding the building (as required by DPNR for containers used for residential purposes), and the questionable capacity and placement of septic systems.
The building under construction is also drawing concern because of its placement at the westernmost portion of the property. With R-2 zoning, Goldschneider is only allowed to build two structures unless he subdivides the 1.14-acre site. The fact that he has placed the first building so close to the property boundary leaves open the possibility of additional buildings in the future. (Goldscheider’s plan for R-4 zoning included six buildings with a total of 72 units.)
“Everyone agrees that the Virgin Islands needs good affordable housing,” said Milne, a ”but no one wants DPNR to ignore design and construction deficiencies that put the public’s health and safety at risk to appease the lobbyists and politicians. The community deserves better,” he said.
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