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1999_08.26 BBA MinutestA INU CITY OF KENNEDALE Pg. 001 BUILDING BOARD OF APPEALS PUBLIC HEARING 26 AUGUST 1999 - 7:00 P.NI. COMMUNITY CENTER CALL TO ORDER Board Members Present: Chairman Ray Cowan, Vice Chair Steve Hayes, John Berry, Perry Hoover, and Bryan Lankhorst City Staff: Ted Rowe, City Manager Mort Wetterling, Code Enforcement Grant Bell, Building Inspector PUBLIC HEAPING NO. 1 — BBA Case 99 -01. To receive property owner and citizen comments relative to a proposed Order To Demolish the substandard/dangerous structure located at 416 Mansfield Cardinal Road, described as Lot 4A of the CA Boaz Sub Division in Kennedale, Texas. Tax Roll indicates that the owner is Mrs. C. C. Kilcrease. The property owner did not attend the Hearing, nor did anyone elect to speak for or against the demolition consideration. Chairman Cowan closed Public Hearing No. 1 at approximately 7:04 P.M. PUBLIC HiARING NO.2 — BBA Case 99 -02. To receive property owner and citizen comments relative to a proposed Order To Demolish the substandard/dangerous structure located at 109 Spiller Street, described as Lots 9 -12 of Block 48 in the City of Kennedale Addition. Tax Roll indicates that the property owner is Mrs. Myrke O. Caruthers. One individual elected to address the Board, that being Mr. Merle Caruthers who identified himself as being the son of the property owner. Mr. Caruthers advised that his 99 year old mother was a resident in a local nursing home and not competent to make decisions. He stated that his attorney advised him to request a delay of 120 days in which Mr. Caruthers could acquire a Power of Attorney after which demolition could be effected. At the conclusion of Mr. Caruther's address, Chairman Cowan closed Public Hearing No. 2 at 7:19 P.M. PUBLIC HEARING NO. 3 —BBA Case 99 -03. To receive property owner and citizen continents relative to a proposed Order To Demolish the substandard /dangerous structure located at 1016 Bowman Springs Road, described as Tract I C of Abstract 1075 in the E R MINGUS SURVEY. Tax Roll indicates that the property owner is Betty and B.J. Pruitt. One individual elected to address the Board, that being Ms. Betty Roberts who identified herself as being the daughter of the property owner(s), Ms. Roberts stated that she used to reside in the structure, but has since moved next door. She advised that it was their intent to attempt to sell the property. She acknowledged the fact that the building was badly in need of repair but stated that she could neither afford to repair or raze the structure. At the conclusion of Ms. Roberts' statements, Chairman Cowan closed the Public Hearing at 7:27 P.M. PUBLIC HEARING NO.4 — BBA Case 99 -04. To receive property owner and citizen comments relative to a proposed Order To Demolish the substandard/dangerous structure located at 801 West Mansfield Highway, described as Lot 4A of Block 11 in the Oak Crest Addition. Tax Roll indicates that the property owner is Texas Industries, hie. The property owner was not in attendance at the Public Hearing, nor did any individual elect to speak for, or against, the proposed demolition consideration. As a result, Chairman Cowan closed this Public Hearing and inasmuch as there were no additional cases to be heard, the Building Board of Appeals Public Hearing was adjourned at 7:29 P.M., to be followed by the Special Meeting at which time the Building Board of Appeals will render a decision on each of the four BBA Cases. ATTEST APPROVED Building Board of Appeals Secretary Chainnan, Building Board of Appeals M w (AlI s CITE' OF KENNEDDALE BUILDING BOARD OF APPEALS SPECIAL MEETING AGENDA 26 AUGUST 1999 — 7:30 PJIVL COMMUNITY CENTER Pg. 002 CALL TO ORDER — Chairman Cowan called the Special Meeting of the Kennedale Building Board of Appeals to order at 7:30 P.M. BOARD MEMBERS PRESENT — Chairman Ray Cowan, Vice Chair Steve Hayes, John Berry, Bryan Lankhorst, and Perry Hoover. CITE' STAF — Ted Rowe, City Manager Mort Wetterling, Code Enforcement Grant Bell, Building Inspector ITEM NO. 1 — Approval of minutes of the Special Meeting of the Kennedale Building Board of appeals, held on Tuesday, 3 august 1999. John Berry made the motion to approve the minutes as drafted. Steve Hayes seconded that motion and all Board Members voted in favor. ITEM NO. 2 — Consideration of a proposal to issue an Order To Demolish the substandard/dangerous structure at 416 Mansfield Cardinal Road, described as Lot 4A of the CA Boaz Sub Division, owned by Mrs. C. C. Kilcrease. BBA Case #99 -01 relating to Public Hearing No. 1. After a very brief discussion, among Board Members, Chairman Cowan inquired of City Staff if there were any additional comments or information that was relevant to this case at which time Mort Wetterling provided Board Members with historical data and a brief overview of the case, as follows: the structure, which had been condemned for twenty -seven (27) months, remains open for entrance by the general public. There have been numerous incidents where children and transients have entered the structure. The City has provided the property owner, who lives hi Montana, with seven (7) notifications relative to this dangerous building which presents a threat to the health, safety, and welfare of the neighborhood and the community. Additionally, there have been three (3) telephone conversations with the owner during which abatement was discussed. All efforts have proven to be fruitless and The City recommends that an Order To Demolish be rendered John Berry made the motion to issue an Order To Demolish, Bryan Lankhorst seconded that motion and all Board Members voted in favor. ITEM NO. 3 — Consideration of a proposal to issue an Order To Demolish the substandard/dangerous structure at 109 Spiker Street, described as Lots 9 -12 of Block 48 in the City of Kennedale addition, owned by Mrs. Myrke O. Caruthers. BBA Case #99 -02 relating to Public Hearing No. 2. A brief discussion among Board Members was followed by a statement of historical data, delivered by City Staff during which time Mort Wetterling addressed the fact that this structure had been condemned as a result of inspections conducted by two (2) different Building Inspectors over a period of seven (7) years with the first notice being issued in November 1992 and the latter in February of 1994. Four (4) written dangerous building notices had been provided by the City along with three (3) telephone conversations with the property owner's son — all failed to achieve results relative to abatement. At this time, Mr. Merle Caruthers (the property owner's son) addressed the Board, reiterating an earlier statement made at the Public Hearing, that he was fully aware that the structure was in very bad condition and that repair was not feasible, from a financial standpoint, but that from 30 to 120 days would be required for him and/or his brother, Mr. A.W. Caruthers, to acquire a Power Of attorney after which demolition could, and would, be Pg. 003 effected. City Staff responded by saying that seven (7) years of being in a condemned status should be considered a reasonable period of time in which to acquire said Power Of Attorney and that the City recommends Board action which would result in an Order To Demolish, Steve Hayes made a motion to issue an Order To Demolish. Jolui Berry seconded the motion and all Board Members voted in favor. ITEM NO. 4 — Consideration of a proposal to issue an Order To Demolish the substandard/dangerous structure located at 1016 Bowman Springs Road, described as Tract 1C of Abstract 1075 in the E R IvI1NGUS SURVEY, owned by Betty and B.J. Pruitt. BBA Case #99 -03, relating to Public Hearing No. 3. After a short discussion among Board Members, Chairman Cowan called upon City Staff to provide additional information as may be considered relevant. Mort Wetterling stated that the structure under consideration had been condemned for nineteen (19) months and that the property owner had received two (2) written notifications relating to the substandard/dangerous structure. Mr. Wetterling confirmed that the property had been up for sale as evidenced by the real estate sign placed on premises and stated that said sign had recently been removed. He further advised that Ms. Roberts had, in fact, told the Building Inspector, on 8 January 1998, that it was the family's intent to solicit Hester & Son Housemovers to remove the structure from the premises and that if Hester did not have an interest in doing so, the family would have it razed. Mr. Wetterling stated that inasmuch as none of the plans of nineteen (19) months ago had come to fruition and that inasmuch as the structure remains a threat to the health, safety, and welfare of the community, the City recommends that an Order To Demolish be issued by the Board. John Berry made a motion to issue an Order To Demolish. Steve Hayes seconded the motion and all Board Members voted in favor. ITEM NO. 5 — Consideration of a proposal to issue an Order To Demolish the substandard/dangerous structure located at 801 West Mansfield Highway, described as Lot 4A of Block 11 in the Oak Crest Addition, owned by Texas Industries, Inc. BBA Case #99 -04, relating to Public Hearing No. 4. The property owner was not on hand to respond to Board questions, however, Mort Wetterling of City Staff provided an overview of the historical data relating to this case. Mr. Wetterling advised that demolition of this substandard/dangerous structure had been delayed for in excess of a year, due to the widening of Business 287 and the bridge over Village Creek. He further advised that Mr. Barry Bone, of Texas Industries, Inc., had called City Hall on 26 August 1999 to inform that Texas Industries, Inc. would, in fact, contract for the demolition of the structure within the next ten (10) days. Mr. Wetterling recommended that the Board issue an Order To Demolish to ensure that compliance is achieved. Bryan Lankhorst made a motion to issue an Order To Demolish. John Berry seconded the motion and all Board Members voted in favor. DISCUSSION Board Members and City Staff engaged in a short discussion relative to the following: 1. Board Members voiced concern that the four (4) cases, on this Agenda, had been allowed to go uncorrected for so long. City Staff concurred and advised that future cases will be dealt with more expeditiously. 2. Two beneficial suggestions were provided by the Board, relative to BBA Case #99 -03, and other possible similar situations, where the property owner allegedly cannot afford the cost of demolition... a) suggesting that the Fire Department utilize the building for conducting training and, b) suggesting that the Kennedale High School disassemble a portion, or portions, of the structure to obtain much needed wood/lumber for the upcoming High School "Homecoming Bon Fire." It was later determined, after the conclusion of the meeting, that neither suggestion would be feasible in that the Fire Pg. 004 3. Department would be required to perform an excessive amount of preparatory work (removal of shingles, boarding up of windows /doors, etc.) before utilizing the structure for fire training. Secondly, a "Homecoming Bon Fire" will not become a reality due to a County and City ban on burning. 4. Board Members reemphasized a 3 August 1999 decision that Building Board of Appeals meetings need not be scheduled on a regular pre - determined basis, but rather as the need arises. City Staff will provide to Board Members an ongoing quarterly report of substandard structure condemnation activity along with a briefing of possible problem situations relative to achieving compliance in an expeditious manner. ADJOURN With no additional discussion remaining, Perry Hoover made a motion to adjourn which was seconded by John Berry and approved by all Members and as a result, Chairman Cowan adjourned the meeting at 8:32 P.M. ATTEST APPROVED Building Board of Appeals Secretary Chairman, Building Board of Appeals