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HomeMy WebLinkAboutMin - Board of Adjustment - 2016 - 08/01 - RegularBOARD OFSIGN CONTROLROL BO BOARDRDBUILDING AND STANDARDS COMMISSION fv_� Regular Meeting CITY OF ALLEN August 1, 2016 ATTENDANCE Board Members Present: Gene Autrey, Chairman Deborah Angell Smith, V Vice -Chair Kimberly Clarkson -Harrison Craig Gillis Dan Metevier, Alternate Bruce Howard, Alternate Absent: Ken Barry, 2"a Vice -Chair City Staff Present: Lee Battle, AICP, LEED AP, Assistant Director of Community Development Kurt Kasson, CBO, Building Official Kathryn May, Code/Health Compliance Manager Donna Giles, Senior Code Enforcement Officer Whitt Wyatt, City Attorney ' Call to Order and Announce a Ouorum is Present With a quorum of the Board Members present, Chairman Autrey called the meeting to order at 6:00 p.m. in the City Hall Council Chambers Conference Room at Allen City Hall, 305 Century Parkway. Consent Aeenda I. Approve minutes from the July 11, 2016 Sign Control Board and Board of Adjustment, Workshop and Regular Meetings. Motion: Upon a Motion by Board Member Metevier and a second by Board Member Clarkson -Harrison, the Board voted 6 IN FAVOR and 0 OPPOSED, to approve the Consent Agenda. The Motion Carried. Reeular Agenda 2. Public Hearing — Conduct a Public Hearing regarding substandard property and structures on property described as Whisenant J M, Block 5, Lot 113; commonly known as 202 North Bonham Drive, Allen, Texas. Mr. Lee Battle, Assistant Director of Community Development, presented to the Board. He stated that ' this item is for a substandard structure. He presented in three parts — 1) background, 2) existing violations, and 3) recommendation. BOARD OF ADJUSTMENT SIGN CONTROL BOARD AUGUST 1, 2016 PAGE 2 ' Mr. Battle said that the property is located at 202 N. Bonham, in the Central Business District. The owner of record is Mr. Jim Gray, who is now deceased. The property was built in 1952 and has been used as a single-family structure. Over the last year, Code Enforcement has addressed multiple violations on this property, primarily trash and debris. Much of that is removed, but there are continuous violations. Active violations include the fence, trash/debris, high grass, and other violations. Water and utilities were disconnected in April 2014 and the structure has probably been unoccupied since that time. Due to these issues, it is determined that the next step is to do a more thorough inspection. On June 9, a more thorough inspection was conducted by several departments. Based on that inspection, it is staffs opinion that the property is unsafe and substandard. On June 23, a notice was sent summarizing the violations with the intent to bring this forward to the Board. On July 19, a notice was sent with this public hearing date. Mr. Battle concluded by stating that a summary of violations is included in the board's packets. Kurt Kasson, Building Official, addressed the board. He said he walked through the structure for an evaluation. He showed pictures to the board, including holes in the roof contributing to rotting, holes in the ceiling inside the house, settling of foundation with water damage, a hole in the floor, removal of siding, removal of breaker box (no electricity), roofing elements missing, no water, missing windows and doors, and no operable bathroom. Ms. Kathryn May, Code/Health Compliance Manager, addressed the board. She also showed pictures to the Commission, and pointed out several tires, wood, scrap, and metal on the properly. There are dead rats and birds on the property as well. The fence is also an issue as it is dilapidated. This is a concern now ' especially with mosquito season due to the stagnant water. She concluded by stating that the backyard is filled with trash and debris. Mr. Battle clarified that some of the pictures were of the adjacent property, and got mixed in with the pictures for this property. Mr. Battle said the intent is to move forward with resolving the violation of the unsafe structure on the property. He said the recommendation is to approve an order to give 30 days to bring the property into compliance, or if that fails, 60 days for demolition. Staff wants to get the property cleaned up and is willing to work with the property owner either way. This order will help in getting the items resolved. Board Member Clarkson -Harrison asked about the code violations and if a response was received. Mr. Battle said there is ongoing discussion between Code Enforcement and the property owner, but staff has not bad direct contact regarding the two notices in the packet. Board Member Clarkson -Harrison asked if there was correspondence with a law firm regarding this estate. Mr. Battle answered no. A member of the public did provide a letter. Board Member Clarkson -Harrison clarified that two letters were sent out and there was no response to either from the law firm or estate. ' Mr. Battle answered there was no written response. There was one phone call. BOARD OF ADJUSTMENT SIGN CONTROL BOARD AUGUST 1, 2016 PAGE 3 ' Board Member Gillis asked if this is a hangout location for kids for vandalism. Mr. Battle said that is hard to tell. 1" Vice -Chair Angell Smith asked if there are any transient issues. Mr. Battle said that the police have monitored the situation but cannot give more details. Chairman Autrey said, for the record, that a letter was received. Chairman Autrey opened the public hearing and asked if there are any owners, lien holders, or any others to present testimony or evidence in this case. Ms. Melissa Davis addressed the board. She said her stepfatherjust passed away. He was in the nursing home and in rehab. She had to take care of this house at the time. The house was much worse than it is now. She agrees it is unsafe and is trying to make it better. She said she now has more people to help her, but that she does not have any money. The property has been vacant for a while and the house was used as a storage area. She reiterated that they are trying to clean up the property. Ms. Dawanna Gray, addressed the commission. She said there is someone interested in the property and that person will tear it down and clean up the property. Chairman Autrey asked if Ms. Gray had a real estate contract with this individual to buy the property. ' Ms. Gray said no. Ms. Davis said she did not realize she had to respond to the letters sent by the City, but just to clean up the property. Chairman Autrey said the objective is to clean up the property. The board's job is to come up with a solution. He said it sounds like the owners have something in the works. Ms. Gray said yes, she just found out last week about the interested person. She had told the individual that the house would have to be torn down and that the property is zoned commercial. Ms. Davis said they are really trying to take care of the property. Ms. Gray agreed and said she wishes she could be there to take care of it, but physically cannot. Chairman Autrey said that his recommendation would be to sell the property. 1" Vice -Chair Angell Smith asked Mr. Battle if there is an estimate of the cost for a demolition. Mr. Battle said there is not a cost estimate. Ms. Davis asked if anyone can help her fix the fence or materials. She does not enough money for the material. ' Chairman Autrey said no. BOARD OF ADJUSTMENT SIGN CONTROL BOARD AUGUST 1, 2016 PAGE 4 ' Ms. Gray said she was in the nursing home and is working on probate papers. She could not do anything from the nursing home. V Vice -Chair Angell Smith offered her sympathy for the loss of her husband, but said the board has an obligation for all citizens of Allen when considering this request. Ms. Gray agreed and said that the structure should be tom down. She said this should have been tom down when her husband was alive. Chairman Autrey closed the public hearing. Board Member Howard said there is a pending sale and that could be reasonable. But the concern is that it is pending—what happens if a deal falls through? V Vice -Chair Angell Smith said the timeline may be changed. The owners have 30 days or 60 days to complete the demolition. If not, then the City would demolish the structure and then there would be a lien on the property. Then, whenever it is sold, the lien would have to be satisfied before the process is complete. Given the current real estate climate, this property would have good prospects of being sold. This would perhaps be even better if the land was clean and empty. Board Member Clarkson -Harrison asked if the zoning has changed in the area and if it is now commercial. ' Mr. Battle said the zoning is CBD. Single -Family is now a nonconforming use. Since the property has been vacant for more than six months, it cannot be rebuilt with a single-family use. Board Member Clarkson -Harrison said probate is a lengthy process. She is concerned that the attorney has not made contact. There is some non-compliance on the attorney's side. Maybe the deadline can be extended. I" Vice -Chair Angell Smith asked about the timeframe. Board Member Clarkson -Harrison said not less than 120 days. That should be enough time to get through court and get a signed contract. She thinks that is more than reasonable. Chairman Autrey asked about how much Flexibility they have. Mr. Whitt Wyatt, City Attorney, said the state law provides that the maximum time for any orders is limited to 90 days. A new hearing date can also be set, but that will push the ability for enforcement. Chairman Autrey asked if there are 30 days to bring property in compliance and 60 days for demolition, does that not fulfill the 90 days? Mr. Wyatt said the 30 days and the 60 -day timeframe is concurrent. The total cannot exceed 90 days. 1" Vice -Chair Angell Smith asked if this property was purchased as an investment property or family ' owned. BOARD OF ADJUSTMENT SIGN CONTROL BOARD AUGUST 1, 2016 PAGES ' Ms. Gray said her husband's grandmother lived in the property and that her husband grew up in that house. 1" Vice -Chair Angell Smith said the neighbor said the property has been in a poor state for at least nine years. They are all concerned with the on-going issue. She appreciates that it is being cleaned up. Chairman Autrey said this property has many health hazards. Chairman Autrey read the facts and then the orders. Motion: Upon a Motion by 1" Vice -Chair Angell Smith and a second by Board Member Howard, the Board voted 6 IN FAVOR and 1 OPPOSED by Clarkson -Harrison, to adopt Order Number BSC -7/19/16-1 in its entirety as presented to the Commission. The Motion Carried. Adiournment Motion: Upon a motion by Is' Vice -Chair Angell Smith and a second by Board Member Metevier, the Board voted 6 IN FAVOR, and 0 OPPOSED to adjourn the meeting at 6:37 p.m. ' The Motion Carried. The in a ed and filed in the offices of the Allen Board of Adjustment, Sign Control Board, an wild' ands rssi this 2nd day of August, 2�016.,1t=� o},IP/jw�' . rlodnn n" aec AI ,P Madhuri Kulkarni, AICP, Senior Planner Director of Commur/rfy Development 7rl� These minutes approve s Z_day of X7 9-✓ 2016. *VJ#GUtriyChamuna Madhuri Kuami, AICP, Senior Planner