HomeMy WebLinkAbout02/24/2021 BLDGBUILDING AND STANDARDS COMMISSION
MINUTES
WEDNESDAY, FEBRUARY 24,2021
6:30PM
After determining that a quorum was present, the Building and Standards Commission of the City of
The Colony, Texas convened into a regular session by videoconference meeting which was held on
Wednesday, February 24, 2021 at 6:30p.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: Connie Yahwak, Chairman; Dean Byers, Julie Knapp, Gerald Odum, and
Joel Ortega.
Staff Members Present: Iris Browder, Community Image Manager; Joe Perez, Director of
Community Relations & Programming, and Jeff Moore, City Attorney.
lt.o I CALL MEETING TO ORDER
Meeting called to order at 6:30 P.M.
12.0 I CITIZEN INPUT
3.0
3.1
Citizen input was taken during the public hearing.
PUBLIC HEARING ITEMS
Continue a public hearing to discuss and consider whether the structure located at 7 413
Waters Edge Ct., The Colony, Texas, and having a legal description of The Waters
Edge Block A, Lot 26, is a substandard structure, in violation of Chapter 6, Division III,
Sections 6-86 to 6-97 of the Code of Ordinance of the City of The Colony.
Ms. Browder presented her staff report to the board and detailed all the steps taken
per ordinance and state law in order to bring the structure before the board.
Commissioner Odum asked if the property was even repairable.
Chief Building Official, Steve Schubert, stated that there was nothing in the property
that was salvageable and that supporting members of the structure have been
exposed to the elements for some time.
Chairman Yahwak asked if the property was ever a finished property.
Mr. Schubert stated that he cannot definitely answer that question, but at the time of
inspection it had been exposed for so long that the structural portions had collapsed.
Commissioner Ortega asked what codes it was in violation of currently.
Chairman Yahwak stated that it was in violation of Chapter 6, Division III, Sections
6-86 to 6-97 of the Code of Ordinance of the City of The Colony.
Mr. Perez stated that the property has long been an issue before the current property
owner took possession of it and the City Manager's office has received numerous
complaints over the last 5 years regarding the condition of the structure and it has
continued to get worse and worse over time. It is a blight to the neighborhood and
the city has had multiple calls from PD about kids being out there. It is a safety
concern.
Chairman Yahwal• opened the public hearing at 6:57 p.m. and asked for citizen
input.
Richard Ensweiler, 7205 Water Edge, resident of the Water's Edge Community and
President of the HOA, provided the board with a detailed history of the property
from 2003 to present.
Kaz Daneshmandi, 15 Kean Circle, property owner representative, provided the
board with his accounts as to the history of the property. Mr. Daneshmandi stated
that he has a structural, engineer's report saying that the structure is uninhabitable,
bid from a general contractor, as well as a timeline for completion and would provide
it to the city. Mr. Daneshmandi then stated it would take six to nine months to get
the structure gutted and rebuilt piece by piece, pending the approval of the building
plans.
Ms. Browder informed the board that the property has changed hands
approximately 10 times and the current owner has it listed for sale. She stated that
on realtor.com the property has been listed for 17 days for the sale price of
$399,999.00 property details state that the existing stmcture will need to be torn
down.
Commissioner Ortega asked Mr. Daneshmandi if he planned to sell the property and
he said yes.
Chairman Yahwal• closed the public hearing at 7:28P.M.
Chairman Yahwak asked Mr. Daneshmandi why he had not taken care of the
property. Mr. Daneshmandi said that the property was entangled in legal issue.
City Attorney Moore asked if he was the owner and he said no, but was speaking on
behalf of Touba Daneshmandi, his mother and registered agent for the company
Broomfield Properties, who the property is listed under. He stated that he has power
of attorney over his mother and can make decisions on her business affairs.
City Attorney Moore provided the board with four different motion options the
board can choose from or the board may choose to make a different option.
Motion was made by Commissioner Ortega, to find the structure on the property
located at 413 Water's Edge Ct., a substandard structure and in violation of the
minimum standards as provided for in Chapter 6, Division III, Section 6-86 of the
Code of Ordinances of the City of The Colony, Texas and authorized the Chair to
execute BSC Order 2021-02-24-002 finding the following:
1) The structure located at 7413 Water's Edge Court is a substandard structure;
2) Authorize and imposes a civil penalty in the amount of $20.00 per day for each
day the owner is in violation of this order in accordance with city code; and
3) Orders the property owner to repair, remove, or demolish said substandard
structure within thirty (30) days of this order, by March 26, 2021.
4) That the City meet with the owner or person with power of attorney concerning
the property to discuss a timeline for repair, removal or demolition of the
structure located on the property.
Motion was seconded by Commissioner Knapp. Motion carried (4-1)
In favor: Commissioner Ortega, Commissioner Knapp, Commissioner Odum, and
Commissioner Byers
Against: Chairman Y ahwal•
ADJOURNMENT