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HomeMy WebLinkAbout07/18/2012 BLDG MINUTES CITY OF THE COLONY BUILDING AND STANDARDS COMMISSION Wednesday, July 18, 2012 After determining that a quorum was present, the Building and Standards Commission of the City of The Colony, Texas convened into Regular Session which was held on Wednesday, July 18, 2012 at 7:00 p.m. in the City Council Chambers located in City Hall, 6800 Main Street, The Colony, Texas, at which time the following items were addressed: Board Members Present: Constance Yahwak, Chairperson; Lloyd Martin, Vice Chairman; Donna McCright; Gerald Odum; and Charles Tredo. Board Member Absent: None. Present from Staff: Iris Browder, Community Image Manager; Jeff Moore, City Attorney; Jeff Connelly, City Councilman; David Summers, Chief Building Official; Bill House, Community Image Officer; Prakash Abraham, Community Image Officer; Brian McNuelty, Technical Assistant; and Felicia Campa, Development Services Coordinator. 1.0 CALL REGULAR SESSION TO ORDER Chairperson Yahwak called the meeting to order at 7:21 p.m. 1.2 Citizen Input No citizen input was received. 2.0 ITEM FOR CONSIDERATION 2.1 Consider approval of the minutes of the regular session of the June 20, 2012 Building and Standards Commission meeting. It was moved by Commissioner McCright to approve Item 2.1 as presented, seconded by Commissioner Odum and carried (4-0-1). Chairperson Yahwak abstained due to absence. 3.0 PUBLIC HEARING 3.1 Conduct a public hearing regarding a substandard structure on property located at 4545 Lakeerest Drive, The Colony, Texas, and having a legal description of Garza Lake Estates, Block 11, Lot 60 and 61. Mrs. Browder presented the staff report. Mr. Moore explained the reason behind the extended timeframe for the case history. Mrs. Browder continued to present the staff report. Minutes of the Building and Standards Commission July 18, 2012 Page 2 of 13 Vice Chairman Martin asked how staff got volunteers to clean up the garage. Mrs. Browder responded that the garage was cleaned up approximately a year ago. She continued by stating that the second story of the structure was able to be walked on because the structure wasn't as dilapidated when the volunteers were helping with the cleanup. Mr. Moore asked for the Commission to open the Public Hearing first and then ask questions after the Public Hearing. Chairman Yahwak opened the Public Hearing. Mike Gilliland, resident of 4545 Lakecrest Drive in The Colony, Texas, stated that the structure became a problem after the rain on March 20, 2012 after which they lost approximately 200 square feet of flooring. Mr. Gilliland continued by stating that he has two structural engineered drawings to submit, however, when he came in to City Hall to submit the demolition permit, he was unable to answer some of the questions on the permit application. He followed up in stating that he didn't find a contractor to do the work until two weeks ago. Board Member McCright asked his relation to the property owner. Mr. Gilliland responded that he is the eldest son. Board Member McCright asked if the structural engineer recommended a timeframe for the work to be completed. Mr. Gilliland responded a minimum of ninety (90) days for removal and repair. He followed up in stating that he didn't have the money or the contacts in order to get the flooring out, the structure braced and the roof removed. Mary Rish, property owner of 4545 Lakecrest Drive in The Colony, Texas, stated that on January 18, 2012, she passed out with only hours to live due to septic shock and was hospitalized for three (3) months, which caused a delay in the progress for the violation. Board Member McCright asked if a contractor has been hired to do the work. Mr. Gilliland responded no. He said he is waiting on an estimate, which is around $4,500 to brace the structure to replace the roof. Chairperson Yahwak closes the Public Hearing. Board Member McCright asked if the garage is torn down, can it be rebuilt or are there restrictions. Minutes of the Building and Standards Commission July 18, 2012 Page 3 of 13 Mr. Summers responded that it could be rebuilt but would have to comply with the currently adopted building codes. Board Member McCright asked how old the garage structure is. Mrs. Browder responded that the garage was built in 1965-1966. Board Member Odum asked if the hearing is about the garage or the entire property. Mr. Summers responded that the hearing is for the garage only. Vice Chairman Martin asked if the garage is demolished, is the property owner prepared to make the common wall between the house and the garage into an exterior wall since it will be exposed. Mr. Gilliland responded that some of the siding would be removed off of the garage and be added to the common wall, as it was before the garage was added in 1965. He continued by stating that he has a hobby/storage room on the rear of the garage which hasn't collapsed. He said that if the Commission would allow him to do so, he would like to replace the roof and add more structurally sound walls to repair the garage. Vice Chairman Martin asked if the work will be done by a contractor or by the homeowner. Mr. Gilliland responded that a contractor out of Lewisville, Texas will be doing the work with a crew of five (5) men. Board Member McCright asked if a garage is required on the property. Mr. Summers responded that he couldn't answer for when the house was built; however, the City now requires a two-car enclosed garage. Board Member McCright stated that based on current City requirements, a garage would have to be built on the property once the current garage is demolished. Mr. Gilliland stated that what has been quoted by the contractor to take the garage down to one level and add a roof is more than it would cost him to repair the damage to the existing and bring it into compliance. Board Member McCright asked if the City is allowing for repair. Mrs. Browder responded that the decision is up to the Commission to remove, repair or demolish the garage structure. Mr. Moore continued by stating that if the Commission were to determine that the structure is sub-standard, it is the property owners decision to repair, replace or Minutes of the Building and Standards Commission July 18, 2012 Page 4 of 13 demolish, but any repair would need to be code compliant. The Commission would determine the timeframe. Vice Chairman Martin asked how long it would take to repair the structure. Mr. Gilliland responded that it would take approximately ninety (90) days to make the half of the garage that is deteriorating, structurally sound. He continued by stating that the contractor wants to pull the wall joists back to the east in order for the structure to be stabilized. Mrs. Rish stated that the wall between the house and the garage has been rebuilt. Board Member Tredo asked if the picture depicts the new wall. Mr. Gilliland responded affirmatively. Vice Chairman Martin asked if a permit was pulled for the replacement of the wall. Mr. Gilliland responded that he is not sure. Mr. Summers continued by stating that no permit was pulled for the work that has been done. Board Member Tredo asked if the contractor has looked at the foundation of the garage. Mr. Gilliland stated that before the floor collapsed, the structural engineer looked at the foundation in May of 2011 on two different occasions. He continued by stating that the structural engineer stated that if the wall is not repaired to hold the joists in place or the structure is not braced, the foundation would shift. Mr. Gilliland said that within six (6) months, the floor collapsed. Board Member Tredo asked if the property owner was sure they wanted to spend the money to repair the structure. Mr. Gilliland responded affirmatively. Board Member Tredo asked what the plan was for the property and asked if Mr. Gilliland was going to live there. Mr. Gilliland responded affirmatively. Board Member Tredo asked if the property was able to be lived in as he thought there was no water or electricity. Mrs. Browder responded that the two story garage is not livable and it is her understanding that there are no utilities within the garage. Minutes of the Building and Standards Commission July 18, 2012 Page 5 of 13 Mrs. Rish responded that the garage has never been lived in. Board Member McCright asked if when the contractor or structural engineer goes to the City for permits, the Building Official looks at what is submitted and makes recommendations. Mr. Summers stated that in this situation, plans would need to be submitted from a structural engineer, as they are attempting to save the building. He continued by stating that additional questions may arise during the plan review process; however, at this point nothing has been submitted for review so he is unaware of what the structural engineer is recommending. Board Member Tredo asked when the applicant could have plans submitted to the City. Mr. Gilliland responded that if he can get the estimate, he can get it submitted in three (3) days. Board Member Tredo asked Mr. Gilliland that if plans are not submitted within three (3) days, can the City demolish the structure. Mr. Gilliland responded affirmatively. Board Member McCright responded that three (3) days may be too short of a timeframe. Board Member Tredo agreed and then stated that lie is just attempting to set some guidelines. Mr. Moore explained to the Commission the options for motions that can be made on this case as well as the orders that will be put in place after the Commissioners have voted. Board Member Tredo stated that ninety (90) days is too long of a timeframe. Board Member McCright agreed. Board Member Tredo stated that a week to ten (10) days would be sufficient. Mr. Moore responded that state law requires a minimum of thirty (30) days for the structure to be removed, repaired or demolished. He continued that if testimony is presented in which the Commission feels more time is needed, the Commission could allow ninety (90) or 180 days. Board Member McCright asked if the Commission could give a timeframe on when the permit needs to be applied for. Minutes of the Building and Standards Commission July 18, 2012 Page 6 of 13 Mr. Moore responded that the motion must be for the timeframe of which the structure must be removed, repaired or demolished. He continued by stating that what he is hearing from the Commission is that the minimum thirty (30) day timeframe would reflect the intent of what they want. Board Member McCright stated that it may take longer than thirty (30) days to get the structure built. Mr. Moore responded that the hearing is more about the demolition, repair or removal. He continued by stating that any construction would be a separate matter through the City. The substandard structure is the item of concern that the Commission needs to determine the decision for tonight. Chairperson Yahwak asked for clarification that the decision would be that the property owner has thirty (30) days to submit application for permit and start work. Mr. Moore responded that the thirty (30) day or ninety (90) day timeframe would be to have the project done. He continued by stating that the Commission has the option of determining that the structure is not substandard. Board Member McCright asked Mr. Gilliland if he felt that ninety (90) days would be an adequate timeframe to allow him to remove, replace, or demolish the structure. Mr. Gilliland responded that he's unable to answer the question because he's not sure what the contractor can do. Board Member McCright asked if Mr. Gilliland has not talked to his contractor about a proposed timeframe. Mr. Gilliland responded no they've only discussed the plans and the cost for lumber for the repair. Board Member McCright followed up in stating that it is up to the Commission to determine an appropriate timeframe to remedy the situation. Chairperson Yahwak asked staff if there were two occasions when Mr. Gilliland stated that he would be submitting plans to the City. Mrs. Browder responded affirmatively and continued by stating that the City has yet to receive sealed plans. Chairperson Yahwak asked Mr. Gilliland why the plans have not been submitted to the City. Minutes of the Building and Standards Commission July 18, 2012 Page 7 of 13 Mr. Gilliland responded that he did not know that the City wanted the plans immediately. He continued by stating that he thought he had to turn in the plans once the demolition permit was submitted. Vice Chairman Martin asked if the plans are sealed by a structural engineer or if they are contractor drawings. Mr. Gilliland responded that the plans are contractor drawings and a statement of what the contractor thinks needs to be done. Paula Gilliland, Mr. Gilliland's wife, stated that Mr. Gilliland submitted the original sealed plans; however, they got misplaced. Mr. Gilliland continued by stating that the original set was created on May 15, 2011 and turned in to the City; however, since a permit was not submitted for the work, the paperwork was not kept. He repeated a prior statement that he thought the plans needed to be submitted with the demolition permit and he doesn't have the money for the permit or an agreement with the contractor that they will do the work because he is unaware of the contractor's charges. Board Member Odum asked if the documents are dated in 2011 or 2012. Mr. Gilliland responded that the plans he has are 2012 because the structural engineer had to re-do the plans. The originals were from 2011; however, does not know what happened to those plans. Mrs. Browder provided the Commission with the initial plans that were submitted by Mr. Gilliland, which were not engineer sealed. Board Member McCright asked when the plans were received. Mrs. Browder responded that she is unsure of the exact date. Board Member McCright asked if the City notes when documents are received. Mrs. Browder responded that Mr. Gilliland brought the drawings by without submitting an application for a permit. Board Member McCright asked Mr. Gilliland when the drawings were turned in to the City. Mr. Gilliland responded May of 2011. He continued by showing the Commission the second set of engineer sealed plans that he had drawn up, indicated the changes from the initial set of sealed plans and noted that the original documentation that was given to the City should have had the same seal as the second set. Minutes of the Building and Standards Commission July 18, 2012 Page 8 of 13 Board Member McCright asked City staff if any engineer sealed documentation was received. Mrs. Browder responded no, the only thing that was turned in to the City was the hand drawings and a permit form that was not submitted or paid for. Mr. Summers followed up by explaining the permit submittal process to the Commission. He stated that these plans were given directly to Joe Perez, as they were never submitted as a permit and in Mr. Perez' file of the case violation. Mr. Summers continued by stating that he has explained to Mr. Gilliland on many occasions how to obtain the permits and that structural engineered plans must be submitted in order to save the building. Board Member McCright asked if the plans in her hand are the structural engineered plans. Mr. Gilliland responded affirmatively. Board Member Tredo stated that it has taken so long to get to the hearing. He doesn't believe the property owner should have any more time. Board Member Tredo stated that the property owner should have thirty (30) days to demolish the structure unless plans can be submitted to show how it will be rebuilt. Mr. Gilliland responded affirmatively, agreeing that a lot of time and money has been spent on this project. Board Member Tredo stated to Mr. Gilliland that the Commission needs to know if the plan is to rebuild the structure and if not, the demolish needs to be done within thirty (30) days. He continued in stating that if the plan is to rebuild, submit the plans and get the necessary permits to complete the work. Mrs. Gilliland stated that Mrs. Rish doesn't want the two-story, she only want the garage at the bottom level. Board Member Tredo responded that a plan needs to be shown within thirty (30) days, otherwise it should be demolished. Mrs. Gilliland asked for the Commission to allow a minimum of sixty (60) days to remove the structure. Mr. Moore stated the ordinance provides for only three (3) options by state statute. He continued by stating that the options include thirty (30), ninety (90) or 180 days. The Commissioners need to determine a commencement date as well as a civil fine if not compliant with the order, with a maximum fine of $1,000 per day. Board Member Odum stated that he is prepared to offer the property owner ninety (90) days to remove, repair or demolish the structure. Minutes of the Building and Standards Commission July 18, 2012 Page 9 of 13 i Mr. Gilliland expressed his gratitude. Chairperson Yahwak closed the Public Hearing. 3.2 Consideration and action on a substandard structure on property located at 4545 Lakecrest Drive, The Colony, Texas, and having a legal description of Garza Lake Estates, Block 11, Lot 60, and 61. It was moved by Board Member McCright to allow the property owner of 4545 Lakecrest Drive a maximum of ninety (90) days to remove, repair or demolish the substandard structure on the property, a civil penalty of not more than $200 per day if not compliant with the order and a commencement date of August 1, 2012; Board Member Tredo seconded the motion. The motion carried (5-0). Mr. Gilliland asked the Commissioners if work can begin prior to August 1, 2012. The Commissioners responded affirmatively. 3.3 Conduct a public hearing regarding a substandard structure on property located at 5321 Young Drive, The Colony, Texas, and having a legal description of Colony No. 8, Block 64, Lot 4. Mrs. Browder presented the staff report. Chairperson Yahwak opened the Public Hearing. David Eichenberger, property owner of 5321 Young Drive in The Colony, Texas, stated that he has been hospitalized on a number of occasions within the last six (6) months and has been unable to deal with the issues on the property; however, has paid the invoices he has received. He continued by stating that lie intends on doing something with the property and is basing his decision on the time and money it will take to get it done. Mr. Eichenberger stated that the property has been vandalized a number of times, which he states in unavoidable, as well as the items in the house have been thrown around and walls have been painted. He followed up by stating that he cannot be physically involved in handling the issues on the property at this time due to his health. His intent at first was to fix the roof which has created most of the problem. Mr. Eichenberger would like to try to fix the roof first and other items are going to take time to clean up the property. He stated that the operating systems in house are no longer in use; the electricity was shut off prior to his illness so none of the utilities are on aside from the water. The house is not being serviced or lived in at this time. Chairperson Yahwak closes the Public Hearing. 3.4 Consideration and action on a substandard structure on property located at 5321 Young Drive, The Colony, Texas, and having a legal description of Minutes of the Building and Standards Commission July 18, 2012 Page 10 of 13 Colony No. 8, Block 64, Lot 4. Mr. Eichenberger stated that he attempted to make appointments with city officials earlier this week; however, had issues with getting in contact with them. Board Member McCright asked what Mr. Eichenberger's intention is for the house. Mr. Eichenberger stated that he considered removing the valuable items and have the home demolished. He continued by stating that he has also considered fixing it or selling it. Board Member McCright asked again what Mr. Eichenberger's intention is for the house. Mr. Eichenberger responded that he is still weighing the options. He continued by stating that in order to bring the home into compliance will take some time; however, he could get the roof fixed in a reasonable amount of time. Mr. Eichenberger stated that he doesn't know if a new roof is going to fix the problem and may be a waste. Board Member McCright asked if Mr. Eichenberger's intention is to live in the home. Mr. Eichenberger responded at this point no, but maybe eventually. Board Member McCright asked Mr. Eichenberger if he doesn't know what he wants to do with the home. Mr. Eichenberger responded that he doesn't know if he really wants to move into the house or just fix it up and sell it. He continued by stating that there are other things that complicate the issue and he is trying to figure out the best path to take. Board Member McCright asked if he has talked to a roofer to see what it will take to fix the roof. Mr. Eichenberger responded that it will take someone to remove the stuff from the inside to sort what he wants to save out of the property. Board Member McCright asked if Mr. Eichenberger has talked to a roofer to get estimates for a roof replacement. Mr. Eichenberger responded affirmatively that he has received a few estimates, but nothing has been set in concrete at this time. Board Member McCright asked if he is financially able to fix the roof. Mr. Eichenberger responded that he will do what he has to in order to make it work. He followed up by telling the Commissioners that they can make him fix it or get all the items out of the property and demolish it. Minutes of the Building and Standards Commission July 18, 2012 Page 11 of 13 Chairperson Yahwak asked if he was living in the home prior to the destruction. Mr. Eichenberger responded affirmatively. Vice Chairman Martin asked where Mr. Eichenberger is living now, as he provided the substandard property address when approaching the microphone. Mr. Eichenberger responded that the mailing address is a post office box. He continued in stating that he has temporarily moved to several places just so he can deal with his medical issues and then deal with the property. He just returned back to work to get some money saved up. Mr. Eichenberger said he could probably get roof fixed but cannot financially afford much else. Board Member McCright asked if he has homeowners insurance on the property. Mr. Eichenberger responded affirmatively. Board Member McCright asked if he has contacted the insurance agent. Mr. Eichenberger responded no because the policy has been changed over to another insurance agent. Board Member McCright asked if no arrangements have been made to contact the insurance agent. Mr. Eichenberger responded that he wanted to be sure of what he wanted to do with the property before he contacted the insurance agent. Chairperson Yahwak suggested to Mr. Eichenberger to contact the insurance agent just to get an estimate of what they will cover. Mr. Eichenberger stated that the storm damage and rains has worked on the damage to the structure over time, therefore he isn't sure insurance will cover the damage. Board Member McCright asked if any claims have been made on the house at all. Mr. Eichenberger responded yes for other things, but not for the damage now. Board Member McCright asked if any claims have been made for the roof or the water damage. Mr. Eichenberger responded no. He followed up in stating that he was planning to get the roof fixed when the water damage began, then he had to move out when he began to have health problems, after which, people began to vandalize the property. Board Member McCright asked if Mr. Eichenberger has a mortgage on the property. Minutes of the Building and Standards Commission July 18, 2012 Page 12 of 13 Mr. Eichenberger responded affirmatively. Board Member Odum asked what would need to be done to bring the home back up to City code. Mr. Summers responded that there are other issues aside from the roof on the property. He continued by explaining that there is a support beam in the garage that has collapsed, the truss system has been exposed to the weather and needs to be evaluated by a structural engineer to determine if a roof could be put back on. He further explained that the truss system may need to be repaired. Mr. Summers stated that if the goal is to save the home, the most important thing is to get the roof repaired in order to deter the water elements from further damage on the home. Mr. Eichenberger followed up in stating that the determination is to figure out if the rest of the home is structurally sound, which at this point, he is unsure if it is. Mr. Summers responded in agreement. Chairperson Yahwak commented that it would be up to the structural engineer to determine if the home is structurally sound. Board Member Odum advised Mr. Eichenberger to get a structural engineer to determine whether he should get a roof or not. Mr. Eichenberger responded that he is trying to determine what scenario he needs to go through in order to get the issues resolved. Board Member McCright stated to Mr. Eichenberger that problems with the house are why people carry homeowners insurance. She continued in stating that since there is still a mortgage on the house, the bank has a say in the situation as well. Mr. Eichenberger responded that he knows he needs to contact the insurance agent. He continued in stating that he has had health issues and was unable to deal with the problems. Board Member McCright asked if his health issues are over. Mr. Eichenberger stated that his health issues are in check. It was moved by Board Member McCright to allow the property owner of 5321 Young Drive a maximum of thirty (30) days to repair or demolish the substandard structure on the property, a civil penalty of not more than $500 per day if not compliant with the order and a commencement date of July 19, 2012; Board Member Tredo seconded the motion. The motion carried (5-0). Minutes of the Building and Standards Commission July 18, 2012 Page 13 of 13 Being no further discussion, Chairperson Yahwak adjourned the Building and Standards Commission meeting at 8:31 p.m. Constance Ya wak, Cha person elic° Campa, Recordin Secretary