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HomeMy WebLinkAbout2000-08-24 ZONING BOARD OF ADJUSTMENTS August 24, 2000 MINUTES The regular meeting of the Zoning Board of Adjustments was called to order by Chairman Victor Blood at 6:30 p.m. for consideration of scheduled items in the Council Chambers in Building "B" of the Municipal Building. MEMBERS AND STAFF PRESENT: MEMBERS ABSENT Victor Blood John Deithloff Bill Williams Tony May Eddie Price Alex Wong Bo Bass, Director of Planning and Development Ron Young, Assistant Director of Public Works / City Engineer Paul Wieneskie, City Attorney Mrk Hayslip, Plans Examiner Donna Brown, Administrative Secretary VISITORS: Jose Ortiz Richard Fox Paul Harrington Don Harrington Debra Smith Ross Branton Bob Savoy Diane Roberts Tony Presley THE PLEDGE OF ALLEGIANCE AND INVOCATION: Board Member Bill Williams gave The Pledge of Allegiance and Invocation. APPROVAL OF MINUTES Chairman Victor Blood called for a motion to approve the minutes of July 27, 2000, as presented. Board Member Eddie Price moved to recommend approval of the minutes. Board Member John Deithloff seconded the motion. The vote was as follows: Ayes: Chairman Victor Blood, Board Members, Williams, Price, May, Deithloff Nays: None The motion carried. Zoning Board of Adjustment Page 2 August 24, 2000 REGULAR AGENDA ITEM 1 CASE #00-07-ZBA — HOLD PUBLIC HEARING AND CONSIDER A REQUEST FOR AN APPEAL — JOHN HAVIN SURVEY, A-685, TRACT 2 — 2800 HERITAGE AVE. Receive public input regarding a request for an appeal. This is an appeal to the City's abatement and order to raze a fire-damaged structure. This property is located on John Havin Survey, A-685, Tract 2, 2800 Heritage Ave. Chairman Blood opened the Public Hearing. Mr. Bo Bass, Director of Planning and Development, gave a brief overview of this request. He stated the 1991 Uniform Building Code does provide the City of Euless the authority to abate a dangerous structure. He stated the procedure is that the Building Official will self-deem a structure as being dangerous and an impairment to life safety, and then will proceed with the abatement process. Mr. Bass gave the procedure of the notices sent by mail and legally published in the newspaper. He stated that Mr. Harrington has requested an appeal to the ZBA of the Building Official's order as well as the interpretation of the 1991 Uniform Building Code. He stated that Mr. Harrington's request is to reverse staff decision relative to the fact that it is a dangerous structure. Chairman Blood closed the public hearing due to no proponents/opponents in the audience to speak. Board Member Williams asked that this case be tabled until later in the meeting to give the applicant time to be present. Board Member Eddie Price seconded the motion. The vote was as follows: Ayes: Chairman Victor Blood, Board Members, Williams, Price, May, Deithloff Nays: None The motion carried. ITEM 2 CASE #00-08-ZBA — HOLD PUBLIC HEARING AND CONSIDER A REQUEST FOR A ZONING VARIANCE — BELL RANCH TERRACE ADDITION, BLOCK 10, LOT 3 — 1421 BELL RANCH CIRCLE Receive public input regarding a request for a Zoning Variance on Bell Ranch Terrace Addition, Block 10, Lot 3, 1421 Bell Ranch Circle. The •• applicant is requesting the variance due to his failure to comply with the 6:12 roof pitch as required by UDC. Mr. Bo Bass, Director of Planning and Development, gave a brief overview of the variance request. He stated this case is a clear example of a violation to the zoning Zoning Board of Adjustment Page 3 August 24, 2000 code. He stated the roof is not 6:12, in which the code requires. He stated that staff recommended denial. Mr. Paul Wieneskie, City Attorney, stated the rules governing the ZBA the authority to grant the variance. Chairman Blood opened the Public Hearing. Mr. Jose Ortiz, 1421 Bell Ranch Circle, stated the 6:12 roof pitch was not possible with concrete. He displayed pictures showing other homes with like structure that survived tornadoes and high winds. He expressed how he wanted a safe place for his family and displayed pictures of the homes in Arlington that were hit by a tornado in March 2000. Mr. Richard Fox, 1413 Bell Ranch Circle, stated he would like to know if there are safety issues existing. Chairman Blood stated it would be the aesthetics of the roof pitch because the current roof pitch varies from 2 or 3 up to about 4 inches to 12 inches in pitch. He stated the steel had been inspected before the concrete was poured. Mr. Fox stated he did not see the roof pitch being a critical problem. He stated he does not see it to be consistent with the neighborhood and most of the neighbors felt the same way. He stated he was in favor of the variance being granted with the stipulation that he bring it up to code if he sells it or the ordinance be changed. Mr. Ross Branton, 1419 Bell Ranch Circle, stated he lives right next door and he was not in favor of the variance. He stated Mr. Ortiz is a wonderful person but wants the roofline to match the rest of the neighborhood. He stated he had a petition from the surrounding neighbors. He stated that when Mr. Ortiz put up a tent in his front yard lost a lot of his neighbors support. Mr. Branton stated he had helped Mr. Ortiz work on the house, and would not accept payment for his labor, but when the tent was put up in the front yard and left up for over 6 weeks, in rebuttal to the City requirements, that was when he lost all respect for the man. Mr. Bob Savoy, 1414 Signet Drive, stated he was tired and disgusted as the rest of the neighbors. He stated he had a petition of 80 people and was not in favor of this variance. He stated that Mr. Ortiz did not carry himself as a good neighbor when he carries around signs, and chases after the Mayor. He stated the neighborhood had put up with a lot in the past four years and they want something done about it. He stated he had a copy of the building permit where Mr. Ortiz had signed to meet the city codes. He expressed his disappointment with the tent going up in the front yard. Ms. Diane Roberts, 1408 Signet Drive, stated everyone in her neighborhood tries to follow the rules and the laws in their neighborhood and they expect anyone who wants to be a part of that neighborhood to do the same thing. She stated that if the City makes laws and zoning ordinances then they expect the City to uphold them. She stated that she felt that Mr. Ortiz had not considered any concern to the neighbors and his own family by allowing dangerous conditions to his yard. She stated that he talks about not having the money, and the money he spent on fines, he could have used to Zoning Board of Adjustment Page 4 August 24, 2000 fix some of the minor corrections that needed to be tended to. She stated that there was a neighbor of hers that spent a lot of money on a deck with a cover and the City said it was not permitted, and the neighbor was asked to take it down. She stated they had spent over $4,000.00, so why would the City consider allowing Mr. Ortiz not to meet code. Ms. Roberts stated she would respect the decision to deny this request. Ms. Roberts stated she had a copy of the building permit application signed by Mr. Ortiz stating he was aware of the building codes for the City of Euless. Mr. Ortiz stated people did not understand why he felt like the City needs to change the building codes to build a safer home. He stated the property value would increase with a home like his. He stated the importance of a strong house when a tornado comes. He stated he had pictures showing the damage to houses after a tornado. He stated that the most important issue is safety for the family. He stated the Board Members will remember him when the high winds come, you'll remember Jose Ortiz, said it right here today on August 24, 2000, that he was trying to get better building and better projects for the future of our family. Mr. Tony Presley, 1410 Signet Drive, stated he was in opposition. He stated Mr. Ortiz should go with the City, fix the roof, and get out of the rent he is paying now. He asked what was the tent suppose to prove. He asked if you are afraid of a tornado, why did you put up a tent. Chairman Blood closed the Public Hearing. Board Member Deithloff asked what had changed since the last time the ZBA had heard this case. Mr. Bass replied nothing had changed. Board Member May asked if any of the staff had measured this roof and what would that have been. Mr. Bass stated Mr. Kevin Mercer and one of the staff members had measured the roof and it was variable. He stated it was so off that it was obviously not in compliance. Board Member May asked Mr. Ortiz if he had measured the pitch of the roof. Mr. Ortiz stated it was about four feet off. There was discussion among Chairman Blood and Mr. Ortiz as to how much it was off. Mr. Bass informed the Board that Mr. Hayslip, Plans Examiner, had numbers that might answer the question. Mr. Hayslip stated there were four samplings on the roof, the shallowest areas would be 2-% inches:12 and the steepest would be 3-1/2 inches:12. Board Member May asked if Mr. Ortiz had any letters from the contractors stating it was possible to construct this roof. Mr. Ortiz stated he had talked to contractors and they did not want to get involved. Board Member May asked Mr. Ortiz what had changed since they had seen this case. Mr. Ortiz stated it would be finished with a tile roof and it would make it steeper. Zoning Board of Adjustment Page 5 August 24, 2000 Chairman Blood informed Mr. Ortiz that he did not agree that concrete couldn't be poured steeper. He informed Mr. Ortiz that there are concrete aprons under overpasses that are poured in place steeper than 6:12, and swimming pools are sprayed concrete in vertical. Mr. Ortiz stated he had a green card before it was poured. Chairman Blood said the green card was for the forms. Chairman Blood informed Mr. Ortiz that since he was the builder of this house it was his responsibility to conform to the ordinance and he chose the method to use and if he didn't have the capability to build it to satisfy the ordinance or had chosen not to do so. Then that was a mistake on his part. He stated he had seen the plans for the house and asked where would he take the family in case there was a tornado. Mr. Ortiz said the laundry room. Chairman Blood stated the only part he considered safe would be the rooms without large windows, the bathroom in the front or the laundry room. Board Member Williams stated he had empathy with Mr. Ortiz's situation and the citizens. He stated he looked forward in welcoming Mr. Ortiz to the City of Euless. He stated the only issue brought before the ZBA with authority is the pitch of the roof. He stated the ZBA did not have the power to legislate. The authority to do that is through the Planning and Zoning Commission and ultimately with the City Council. He stated they only had the authority to grant variances. He stated this variance request is very materially violation and out of code. He stated Mr. Ortiz received a copy of the building plans with a marking 6:12 roof pitch. He stated Mr. Ortiz was given adequate notice. He stated there was a one-page document given by the City, paragraph above Mr. Ortiz's signature stating that everything that is provided is true and correct. Board Member Williams stated that knowing this, Mr. Ortiz signed this building permit form stating he was aware of the City Ordinances. Board Member Price stated he did not see any reason why this roof pitch shouldn't be brought into compliance. Board Member Price made the motion to deny Case #00-08-ZBA as presented. Board Member May seconded the motion. The vote was as follows: Ayes: Chairman Victor Blood, Board Members, Williams, Price, May, Deithloff Nays: None The motion carried. ITEM 1 CASE #00-07-ZBA — HOLD PUBLIC HEARING AND CONSIDER A REQUEST FOR AN APPEAL—JOHN HAVIN SURVEY, A-685, TRACT 2 — 2800 HERITAGE AVE. Receive public input regarding a request for an appeal. This is an appeal to the City's abatement and order to raze a fire-damaged structure. This property is located on John Navin Survey, A-685, Tract 2, 2800 Heritage Ave. Zoning Board of Adjustment Page 6 August 24, 2000 this case. Chairman Blood opened the Public Hearing. Mr. Bo Bass, Director of Planning and Development, gave a brief overview of this request. He stated the 1991 Uniform Building Code does provide the City of Euless the authority to abate a dangerous structure. He stated the procedure is that the Building Official will self-deem a structure as being dangerous and an impairment to life safety, and then will proceed with the abatement process. Mr. Bass gave the procedure of the notices sent by mail and legally published in the newspaper. He stated that Mr. Harrington has requested an appeal to the ZBA of the Building Official's order as well as the interpretation of the 1991 Uniform Building Code. He stated that Mr. Harrington's request is to reverse staff decision relative to the fact that it is a dangerous structure. Mr. Wieneskie asked Mr. Harrington to present his case. Mr. Paul Harrington, 2800 Heritage Ave., Euless, Texas stated the property is a historical marker for the City of Euless. Mr. Harrington stated there was a book published with historical houses and this homestead was built in 1906, and published for its history. Mr. Harrington stated the house is unique and should be preserved and restored. Mr. Harrington stated he wasn't sure that it belongs where it sets because he has developers looking at his property and he may choose to get a tax credit for restoring the house. He stated that he may have the property sold in the near future and at that time he would have the money to invest in the restoration of the house. Mr. Harrington gave a detail history of how his family settled in Euless many years ago. He stated the family consisted of two Texas Rangers, a School Teacher, Justice of the Peace, and the largest surveyor in the area. Ms. Debra Smith, living in Irving, Texas stated she was a cousin, and displayed pictures of family members from the late 1800's and early 1900's. Mr. Don Harrington, 2800 Heritage Ave., Euless, Texas stated he was a cousin and would like to see the house remodeled as a museum and placed somewhere else. Mr. Don Harrington and Ms. Debra Smith presented a video of the house by showing all four walls are standing, and views of the house inside and out. Mr. Paul Harrington pointed out on the video a special rare plant that is a native from Texas but not seen often. He stated it was a type of citrus and is evergreen with little balls that are hanging off of it. He stated they are full of seeds such as orange seeds, and when it blooms it looks like orange blossoms. He stated the chimney is made of special bricks and mortar and is in perfect condition. Chairman Blood asked when the house burned. Mr. Harrington stated seven years ago, and most likely due to the wiring. Mr. Don Harrington stated it was wired in approximately 1936. Board Member May asked if the house was occupied at that time. Mr. Harrington stated Zoning Board of Adjustment Page 7 August 24, 2000 Board Member May asked if the house was occupied at that time. Mr. Harrington stated yes. Ms. Smith stated there was a house in Colleyville with similar architecture that cost $300,000.00 to restore. Mr. Harrington stated the government would loan you money to restore if you have a 501 C3 that they are going to set up shortly. Chairman Blood asked why nothing had been done before now. Ms. Smith said it was because of having to take care of their parents who have died recently, and not having the money to do so. She stated it had been very difficult to take care of a farm and two invalids. Chairman Blood asked what they had planned for this house at this time. Mr. Harrington stated they have considered a museum purpose and not live in it. Chairman Blood asked if they intended to leave it at this location. Mr. Harrington stated they had not decided, but he would want to please the developers who may want it to stay in its own original setting. He stated the City might except it if they fix it up and deliver it to a certain site in Euless. He stated they have a developer that says money is not the problem as long as they can justify the cause. Chairman Blood asked what type of development. Mr. Harrington stated it would be a galleria type mall. He stated this was a very special site. He also stated that in the past there was a problem with the sewer line. He informed the commissioners that there was a lawsuit between Trinity River Authority, the City of Euless and themselves regarding the sewer line through the mall footprints. He stated that by the time the lawsuit was cleared the possibility of having a mall was gone. Chairman Blood asked Mr. Harrington how viable would the deterrence be from the people that are talking to you now. Mr. Harrington stated office space would be where the action is now. Mr. Mark Hayslip, Plans Examiner, City of Euless, stated this structure was burned to the percentage of at least 51% as deemed by Kevin Mercer, Building Official, that this property was a dangerous structure and had substantial structure damage. He stated that in the advent that a historical marker was present on this property the best interest for everybody involved, Kevin Mercer elected to extend the process of abatement to this structure. He stated that the picture did not show it clearly that the interior walls are barely supported by any load bearing structure. He stated that his opinion, and the City's is that the only thing that is maintaining the exterior load bearing walls of this structure are what is left of the interior walls and the peering beam support structure. He stated the pictures do not describe the condition of this property. He stated that boarding the exterior walls and possibly fencing, in the City's opinion would alleviate a dangerous situation that could be accessed by anyone and it is also for the protection of the property owners. — Mr. Wieneskie reiterated the code requirements, and asked Mr. Hayslip if the structure had been damaged by fire more than 51% and to board up the exterior walls, shoring up some of the walls inside, and fencing around the house would be less dangerous. Zoning Board of Adjustment Page 8 August 24, 2000 Mr. Bass stated that the City staff would observe what procedure was actually being done. Chairman Blood closed the Public Hearing. Board Member Williams made the motion to not go forward with the razing and destroying of this structure for a time period certain not to exceed 18 months and at that time if the structure has not been built to code by the City of Euless, then it will be available to be razed and destroyed at the end of the 18 months; and in addition to securing the property there will be a requirement that no later than 30 days from August 24, 2000, there would be erected a fence around the structure with the material being chain link and any entry way be boarded up on the structure. Mr. Wieneskie asked what would happen if at the end of 30 days if this work is not done, could the City go in and proceed with the abatement. Mr. Williams stated that is correct. Chairman Blood asked if they should give them more time for the boarding up of the structure, maybe 60 days. Board Member Williams stated he had visited the site to see for himself the severity of the structure and he agrees with Mark that the structure could be to the point it is not rebuild- able. He stated that if the interior walls don't make it and collapses he would not -- recommend supporting the inside walls. He stated he would not be in favor of requiring the owners to replace the roof either. Mr. Bass stated he would like to ask that ZBA require the owners to work with staff regarding the material for the fencing around the house and the degree of boarding up. Chairman Blood stated he was okay with staff making the decision for these two items. Mr. Paul Wieneskie asked if he could restate the motion. The board members agreed. The motion is to deny the appeal but in recognition of the potential of the historic specifics of the property the appeal will be denied with the following conditions: 1. The owners will have 18 months within which to either reconstruct the building to code or remove it, or at the expiration of 18 months if neither one has happened or significant progress occurred the City may proceed forthwith to abate the nuisance in any way the City sees fit which could include demolition of the structure; 2. That in the interim within the 30 days from August 24, 2000, that the property be secured by a chain link fence of at least 6 feet in height and that all openings into the structure be boarded up to the satisfaction to the City's Building Official that is again from August 24, 2000, or once again if it is not, the City may proceed forthwith to abate the nuisance in any way the City sees fit which could include demolition of the structure. Board Member Deithloff seconded the motion. The vote was as follows: Ayes: Chairman Victor Blood, Board Members Deithloff, Williams, Price, May Nays: None The motion carried. Zoning Board of Adjustment Page 9 August 24, 2000 Mr. Wieneskie stated that the motion would also be typed as the official decision of board as they are acting as the Appeals Board not the ZBA and the owners will be given a copy of this decision and filed at the City of Euless as a permanent record. Adjournment: There being no further business the meeting was adjourned at 9:09 p.m. /1- / ",900 Chairman Victor cto Blood Date