BBA MINUTES 7.27.00MINUTES OF
KENNEDALE BUILDING BOARD OF APPEALS
Regular Meeting – July 27, 2000
100 E. Broadway St. – Community Center
Chairman Ray Cowan called the scheduled Public Hearings to order at 7:00 p.m.
Members present: Chairman Cowan, B oard Members Berry, Hayes, Hoover and
Lankhorst.
Members Absent: None.
Staff present: Ted Rowe, City Manager, Grant Bell, City Building Inspector, and
Kuruvilla Ooman, City Attorney.
Chairman Cowan briefed attendees that the Board would conduct the three scheduled
Public Hearings, close the Public Hearings , open the regular meeting and then consider
each case separately for action. Mr. Rowe briefed the Board on Section 4-250, City
Code, Duties and Powers of the Board and Section 15-52, City Code, regarding
requirements for findings of the Board and contents of an order of the Board. Also, that
each of the structures under consideration by the Board had been declared substandard
under the criteria in the City Code.
Public Hearing No. 1 – Case BBA 00-01, Peabody, Linda Jo, 5401 (5417) Kennedale
St., Fort Worth, Texas 76140, Block 5, Lot 12, Oakcrest Addn.
Mr. Rowe and Mr. Bell briefed the Board on the location and specific items that are
considered substandard on the indicated site with reference to photographs and that the
City recommended demolition of this structur e. No one signed up or indicated a desire
to speak on this case. Chairman Cowan closed Public Hearing No. 1 and proceeded to
the next case.
Public Hearing No. 2 – Case BBA 00-02, Cupps, Robert & Betty, 600 West Mansfield
Highway, Kennedale, Texas 76060, Block 1, Lot 8, Woodlea Acres
Addn.
Mr. Rowe briefed on the location of three mobile homes which had been declared
substandard. Mr. Bell briefed on the specific deficiencies with reference to photographs.
Mr. Rowe stated that the State did not have a code that could be used for granting of
permits or inspection of completed repairs on mobile homes in the category of those in
this case which were constructed prior to June 1976 and that, therefore, the City must
recommend that the Board order the removal of the three mobile homes at issue in this
case.
Mr. Frank Newman, attorney representing Mr. and Mrs. Cupps briefed the Board on the
difficulties that his clients had in trying to comp ly with the orders of the City. Originally
the City had ordered the repair or removal of the three trailers, however, when his clients
applied, required permits were not issued by the City and his clients were advised that
there was no legal way to complete the required repairs because there was no code that
addressed that type of repair. Mr. Newman requested that the Board allow his clients to
repair their three mobile homes.
Mr. and Mrs. Cupps addressed the Board individually and separately and expressed
their concern that they would lose the in vestment they had made in the Woodlea Acres
Mobile Home Park if they were not allowed to repair their three mobile homes and other
units that they planned to bring up to a higher standard. It would cost approximately
$1,200 per unit to have the three mobile hom es removed from their site. They appealed
to the Board to let them repair the three units that had been declared sub-standard.
There being no further comments, Chairman Cowan closed Public Hearing No. 2.
Public Hearing No. 3 - Case BBA 00-03, Holt, L. D. (Deceased) Estate/ Holt, Pauline,
616 West Mansfield Highway, Kennedale, Texas 76060, Block 1,
Lot 9, Woodlea Acres Addn.
Mr. Rowe and Mr. Bell briefed the Board on the location and specific items that are
considered substandard on the indicated site with reference to photographs and that the
City recommended demolition of the structure and removal of debris. No one signed up
or indicated a desire to speak on this case . Chairman Cowan closed Public Hearing No.
3.
Chairman Cowan closed the public hearing portion of the meeting at 8:06 p.m..
Chairman Cowan called the regular meeting to order.
Attendance remained unchanged.
Item No. 1 – Case # BBA 00-01. John Berry made a motion to abate and remove the
property based on Section 15-49 of the City Code regarding the substandard structure
as defined and noting several reasons therefore, especially paragraphs 18 and 23.
Second by Steve Hayes. Motion passed unanimously.
Chairman Cowan revised the order of action on the three cases so as to consider Case
# BBA 00-03 before the Cupps case (Case#BBA 00-02).
Item No. 3 – Case BBA 00-03. Motion by Bryan Lankhorst to abate by removal for all of
the reasons listed in the Board packets for Case BBA 00-03. Second by John Berry.
Motion passed unanimously.
Item No. 2 – Case No. BBA 00-02. The Board discussed code applicability and City
Code Section 15-49 requirements for declaring structures as substandard and received
a briefing by Mr. Ooman regarding these items and provisions of the City Code relative
to Board findings and contents of a Board order. Motion by John Berry to abate by
removal of the three mobile homes. Second by Steve Hayes. Motion passed by
majority vote with Berry, Hayes and Cowan voting aye and Hoover and Lankhorst voting
nay.
Adjournment Motion by John Berry to adjourn at 8:57 p.m., second by Steve Hayes, all
voted Aye.
ATTEST APPROVED
_______________________ _________________________
Secretary, Building Board of Appeals Chairman, Building Board of Appeals