2008_05.22 BBA MinutesMINUTES
BUILDING BOARD OF APPEALS
REGULAR MEETING - MAY 22, 2008
405 MUNICIPAL DR. — KENNEDALE MUNICIPAL BLDG.
WORK SESSION — COUNCIL CHAMBERS — 6:00 PM
REGULAR MEETING — COUNCIL CHAMBERS - 7:00 PM
Chairman Lin Eason called the Work Session to order at 6:01 PM
Members present: Lin Eason, Rick Trevino, Todd Whatley, Brian Cassady, and Randall Swiney.
Staff Present: James E. Cowey, Building Official; Larry Hoover, Code Enforcement Officer;
Felicia Murray, Building Board of Appeals Secretary.
Chairman Eason asked everyone to introduce themselves as the Board had not met in three years.
Mr. Hoover asked Mrs. Murray to inform the Board members of their appointment terms. He
then asked the Board members to decide if they wanted to be re- appointed to the Board. They
are to contact the City Secretary with their decision.
I. WORK SESSION — 6:00 PM
a. Review Building Board of Appeals job description.
b. Review Article II. Dangerous and Substandard Buildings ordinance.
C. Review Housing Standards Code Checklist (Inspection Sheet).
Chairman Eason adjourned the work session at 6:55 PM.
II. REGULAR SESSION — 7:00 PM
Chairman Eason called the Regular session to order at 7:05 PM.
Members Present: Lin Eason, Rick Trevino, Todd Whatley, Brian Cassady, and Randall
Swiney.
Staff Present: James E. Cowey, Building Official; Larry Hoover, Code Enforcement Officer;
Felicia Murray, Building Board of Appeals Secretary.
Staff overview of work session discussion specifically relating to Article II. Dangerous and
Substandard Buildings. Section 15 -50. Determination by building official.
Staff informed general public to fill out the appropriate form based on the property address if
they wish to present information concerning that property. Staff also presented the following
cases for consideration:
CCU
CASE #BBA -08 -01 for the Board to consider the substandard structure at 229 S.
Dick Price Rd, legal description, Boaz, W J Estate Subdivision Block Lot 4A,
property owner Michael L. Brinlee; Lot 413, property owner as Winters Family
Investments Ltd.
James E. Cowey first clarified that Lot 4B is owned by Winters Family
Investments Ltd. Prior to the meeting, Mr. Wayne Winters contacted Mr. Cowey
and informed him that he purchased Lot 4B several years ago. According to the
Tarrant Appraisal District, both lots are addressed as 229 S. Dick Price Rd. Lot
4B is not considered a substandard property; therefore, a letter of apology will be
sent to Mr. Winters and a notice will be sent to Tarrant Appraisal District of the
assignation of a new address for Lot 4B of 263 S. Dick Price Rd.
Mr. Cowey presented a detailed overview, including photographs, of the
condition of the structures on Lot 4A.
PUBLIC COMMENTS
Mike Brinlee, 229 S. Dick Price Rd, Kennedale, TX addressed the Board
concerning the condition of this property stating that this is his rental property.
He said he was unaware that the property was in the condition that it is in due to
he trusted the tenants to take care of the structure. He said that he is going to
notify the tenants to vacate the premises and he is going to clean up the property.
Mr. Brinlee also submitted a Letter of Intent.
L. G. Sanberg, 211 S. Dick Price Rd, Kennedale, TX addressed the Board
concerning the condition of the property being a nuisance as it contains seven or
eight junk, cars that align the back fence along which abuts his property.
Mr. Cowey recommended that staff be allowed to work with property owner to
address the specific items relating to the structure that need to be taken care of
immediately and to present a progress report to the Board at the next scheduled
meeting on June 26, 2008.
BOARD DECISION: Mr. Cassady made a motion to accept staffs
recommendation as stated, seconded by Mr. Swiney. Motion passed
unanimously.
2. Public hearing & Action of CASE #SBA -08 -02 for the Board to consider the
substandard structures at 5428 High Ridge Rd, legal description, Oak Crest
Addition Block 5 Lot 7 Mh 10 x 52, mobile home owner as Tommy Willhite; and
1969 14 x 60, mobile home owner as Oak Crest JV and property owner as Oak
Crest JV.
Mr. Cowey presented a detailed overview of the case and showed photographs of
the condition of the structures.
There were no public comments.
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Mr. Cowey recommended the condemnation of the smaller mobile home located
at Block 5 Lot 7 10 X 52 and to allow staff to work with property owner
concerning the larger structure and present a progress report to the Board at the
next scheduled meeting on June 26, 2008.
BOARD DECISION: Mr. Cassady made a motion to accept staff's
recommendation as stated, seconded by Mr. Swiney. Motion passed
unanimously.
3. Public hearing & Action of CASE #BBA -08 -03 for the Board to consider the
substandard structures at 446 and 452 E. Kennedale Pkwy, legal description,
Boaz, Ca Subd of J B Renfro Lots 29 & 30, property owner John S. Hivale.
Mr. Cowey presented a detailed overview of the case and showed photographs of
the condition of the structures.
PUBLIC COMMENTS
Mr. John S. Hivale, 418 Coker Valley Dr, Kennedale, TX, addressed the Board
concerning his intention to clean the property.
Mr. Cowey recommended that Mr. Hivale secure the property, demolish the
structures and the property be scraped clean by July 1, 2008. Mr. Hivale is also to
deliver a Letter of Intent to the City of Kennedale during the week of May 26,
2008 outlining his plan to clean the property. A progress report will be presented
to the Board at the next scheduled meeting on June 26, 2008.
BOARD DECISION: Mr. Trevino made a motion to accept staff's
recommendation as stated. Motion seconded by Mr. Swiney. Motion passed
unanimously.
4. Public hearing & Action of CASE #SBA -08 -04 for the Board to consider the
substandard structures at 1000 E. Kennedale Pkwy, legal description, Cannon, E
C Survey, A 378 Tr 1H and A 378 Tr 11-101, property owner 1000 E. Mansfield
Hwy 287 Inc.
Mr. Cowey presented a detailed overview of the case and showed photographs of
the condition of the structures.
There were no public comments.
Mr. Cowey recommended the condemnation and repair or demolition of the
structures on the property. A progress report will be given to the Board at the
next scheduled meeting on June 26, 2008.
BOARD DECISION: Mr. Trevino made a motion to accept staffs
recommendation as stated, seconded by , Mr. Whatley. Motion passed
unanimously.
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5. Public hearing & Action of CASE #BBA -08 -05 for the Board to consider the
substandard structures at 6733 Oak Crest Dr. W, legal description, Oak Crest
Addition Block 7 Lot 14, 1973 10 X 54, property owner Ernest Glen Long.
Mr. Cowey presented a detailed overview of the case and showed photographs of
the condition of the structures.
PUBLIC COMMENTS
Mr. Derrick Hall, 3716 Algelia St., Fort Worth, TX, addressed the Board
concerning the owner's physical and mental condition.
Mr. Gladen Sedberry, 6800 Oak Crest Dr. W., Kennedale, TX, addressed the
Board concerning the owner of the property.
Mr. Cowey recommended the condemnation and demolition of the structure(s)
with the understanding the property owner has thirty (30) days to clean the
property as prescribed in the City ordinance. Staff will present a progress report
along with further recommendations to the Board at the next scheduled meeting
on June 26, 2008.
BOARD DECISION: Mr. Trevino made a motion to accept staff's
recommendation as stated, seconded by Mr. Cassady. Motion passed
unanimously.
6. Public hearing & Action of CASE #SBA -08 -06 for the Board to consider the
substandard structure at 6800 Oak Crest Dr. W, legal description, Oak Crest
Addition Block 1 Lot 26, property owner Estate of Adelle B. Davis.
Mr. Cowey presented a detailed overview of the case and showed photographs of
the condition of the structures. Owner of the property is deceased. There is no
clear evidence of who currently owns the property.
PUBLIC COMMENTS
Mr. Clarence Ressler (tenant), 6800 Oak Crest Dr. W., Kennedale, TX requested
that Mr. Gladen Sedberry address the Board on his behalf concerning the
property.
Mr. Cowey recommended the condemnation and demolition of the mobile home
on the property and cleanup of the property in thirty (30) days as prescribed by
the City ordinance. He also recommended that the tenants present an affidavit
from the owner of the property in thirty (30) days to allow the tenants to apply for
permits to perform maintenance to the structure. Additionally, a progress report is
to be presented to the Board at the next scheduled meeting on June 26, 2008.
BOARD DECISION: Mr. Cassady made a motion to accept staff's
recommendation as stated, seconded by , Mr. Swiney. Motion passed
unanimously.
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7. Public hearing & Action of CASE #BBA -08 -07 for the Board to consider the
substandard structure at 6817 Oak Crest Dr. W, legal description, Oak Crest
Addition Block 8 Lot 11, property owner Estate of Lena M. McCain.
Mr. Cowey presented a detailed overview of the case and showed photographs of
the condition of the structures. The owner of the property is deceased and there is
no clear evidence of who currently owns the property although someone is paying
the taxes.
PUBLIC COMMENTS
Mr. Ross Daugherty (tenant), 6817 Oak Crest Dr. W., Kennedale, TX addressed
the Board concerning the property. He is in the process of locating the owner so
that he can purchase the property.
Mr. Cowey recommended the condemnation and repair or demolition of the
structure(s) with the understanding the tenant has thirty (30) days to locate the
current property owner and take action as prescribed by the City ordinance. He
also recommended the cleanup of the property and the presentation of a progress
report to the Board at the next scheduled meeting on June 26, 2008.
BOARD DECISION: Mr. Whatley made a motion to accept staff's
recommendation as stated, seconded by Mr. Swiney. Motion passed
unanimously.
8. Public hearing & Action of CASE #BBA -08 -08 for the Board to consider the
substandard structure at 6821 Oak Crest Dr. W, legal description, Oak Crest
Addition Block 8 Lot 10 and NW 12'9, property owner Estate of Julian Paul
Farmer.
Mr. Cowey presented a detailed overview of the case and showed photographs of
the condition of the structures. Owner of the property is deceased. There is no
clear evidence of who currently owns the property.
PUBLIC COMMENTS
Jean Jernigan (tenant), 6821 Oak Crest Dr. W., Fort Worth, TX addressed the
Board concerning this property. She said she is unable to apply for permits to
perform maintenance on the property since she is not the property owner.
Mr. Cowey recommended the condemnation and the repair or demolition of the
structure(s) and to clean up the property with the understanding the tenant has
thirty (30) days to locate the current property owner and take action as prescribed
the City ordinance. A progress report will be presented to the Board at the next
scheduled meeting on June 26, 2008.
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BOARD DECISION: Mr. Whatley made a motion to accept staff's
recommendation as stated, seconded by Mr. Trevino. Motion passed
unanimously.
III. ADJOURNMENT
Mr. Trevino made a motion to adjourn the meeting, seconded by Mr. Cassady.
Motion passed unanimously.
Chairman Eason adjourned the meeting at 9:25 PM.
I
Lin Eason, Chairm n
Building Board of Appeals