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HomeMy WebLinkAboutCCA 1993-08-05 Minutes MINUTES OF THE BOARD OF APPEALS MEETING OF THE CITY OF NORTH RICHLAND HILLS, TEXAS AUGUST 5, 1993 CALL TO ORDER: The meeting was called to order by Garry Cope at 7:00 p.m. ROLL CALL: Present: John Larriviere James McCaig Garry Cope Michael Augustin Staff: Steve Pence Phyl Baloga Garry Cope announced the administering of Oath of Office for one of next years board member, Michael Augustin. The election of new officers was postponed because the full complement of board members were not present. Garry Cope acted as temporary chairman for the evenings business. Next order of business was the consideration of the July 1st Board of Appeals Meeting. James McCaig made a motion that the members accept the minutes as is. John Larriviere seconded the motion. The motion carried unanimously. BBA-93-08 Public Hearing to consider a variance from the Uniform Fire Code requirement for floor drains and an oil separator within a garage. Garry Cope opened the floor for discussion. John Patton came forward to speak. He is representing the Woodmont property Management Company located at 6500 West Freeway, Suite 900. John Patton assisted Joseph Lubczyk in filing for this appeal. John Patton stated that Joseph Lubczyk came down to city hall and was given a verbal approval for his automotive business at 5217 "A" Davis Boulevard, after which he signed a years lease. He had made approximately $20,000 in expenditures and would like to get a variance from the code since he would need an additional $10,000 to comply with the codes. They are in negotiations to extend the lease which BBA Min-utes I 2 August 5, 1993 currently runs through March of 1994. John Patton expressed Joseph Lubczyk's concern that if he makes these expenditures, he would need a guarantee that he will be there to enjoy his investment. James McCaig asked if a citation was issued and if this was a direct violation of code. Jimmy Beach answered no to a citation being issued but yes to a violation of code. John Patton asked for a variance from the literal interpretation of the code until the lease expires in March. James McCaig brought up the issue that they want a variance but are they willing to take care of the problem. He also asked if Joseph Lubczyk did not understand the information typed in on his certificate of occupancy and also the write-ups that he signed for. John Patton said he could not speak for Joseph Ludczyk. James McCaig asked Jimmy Beach if all this was explained to Joseph Lubczyk when he came in for his certificate of occupancy. Jimmy Beach, the commercial building inspector came forward. He stated that Joseph Ludczyk submitted a floor plan and filled out the application for a certificate of occupancy. Jimmy did the plan review. He inunediately called Joseph Lubczyk and told him the application was rejected because it was automotive repair and floor drains or oil separators were required. Floor drains or oil separators are needed so t.hat the oil does not go into the sewer system. At that time Joseph Ludczyk changed his mind and said he was not going into the automotive repair business but would be doing electrical work only. Jimmy Beach told Joseph Ludcyzk that he would do the plan review but it would be typed on his C/O that BBA Minutes, 3 August 5, 1993 there will be NO automotive repair, no break jobs, no carburator work, no transmission fluid work, or changing of oil. Nothing but electrical repair. He also let Joseph Ludczyk know that the day he caught him doing anything other than electrical work the electricity would be cut off and he would shut the business down. Joseph Ludczyk was fully aware of the consequences. John Larriviere verified the date that this started was March 11, 1993. Jimmy Beach said it was prior to that, at least a couple of days for a plan review. Joseph Lubcyzk came forward and addressed the board. He currently operates a business at 5217 "A" Davis Boulevard. Before he applied for a C/O he went to see a building inspector and he was told that what he intended was okay. When he applied for the C/O he was told that he could do a limited amount of work but this was after he had already signed a one year lease and spent $14,000. John Larriviere asked if he has been in this line of work before and if he was aware of the rules for this type of business. Joseph Ludczyk answered he had had a business before in Irving and storage barrels were required. James McCaig asked if Irving had a different set of codes. Joseph Lubczyk answered yes, that storage barrels were required. The oil was sucked out of the oil barrel and they would receive a receipt from the company as to how many gallons of oil were taken. The city would check the statement of work done. James McCaig asked if he had friends in this type of business. BBA Minutes, 4 August 5, 1993 Joseph Ludczyk answered he did but not in the City of North Richland Hills. They had businesses in Grapevine, Plano, and Colleyville. James McCaig asked John Patton if he represented John Hancock. John Patton said his company had been IJranted the specific agency to work with the property manager. James McCaig asked him if he had other buildings in North Richland Hills. John Patton does not have any other building in North Richland Hills but does have some in Arlington and they require storage barrels to be handled by a certified company. John Larriviere asked what was being done with the oil and transmission fluid. Joseph Lubczyk said the antifreeze goes into a recovery machine and is then recycled. The transmission fluid is stored in tanks and a company recycles it also. John Larriviere asked "then people are currently hauling off your oil?" Joseph Lubczyk said yes. He also stated that he didn't have a problem with the city codes. He had already bought a separator which he is ready to install but needs to work out the details. He would like the security of knowing he will be at this location for the next four or five years if he is going to make this type of investment. Garry Cope said he was confused as to what Joseph Lubczyk was asking for a '.Tariance for. Joseph Lubczyk said he is willing to put a system in but a one year lease is not enough. He needs more time to negotiate his new lease. Garry Cope then spoke to Jimmy Beach. BBA Minutes, 5 August 5, 1993 Jimmy Beach told the board that he had talked with five plumbers about what would be feasible as far as floor drains and oil separators. Said he tried different solutions and felt he had exhausted all avenues with the problem. It was now up to Joseph Lubczyk to get something going. Garry Cope asked why no citations were issued. Jimmy Beach was told by his bosses boss to give Joseph Lubczyk more time. He did mention that Joseph Lubczyk runs the cleanest operation in the city. Garry Cope asked for Jimmy Beach to give a chronological order of events. Jimmy Beach said the day he walked in and a car was on the rack is the day he could have had the electricity turned off and written Joseph a ticket for each day he stayed open. He went on to say that the city tries to work with all the tenants but at some point this abuse of codes must come to a halt. James McCaig asked how long it would take to have this system put in. Jimmy Beach believes it would take a master plumber 3 days or less. John Patton reiterated that they are currently renegotiating Joseph Lubczyk lease and they were originally asking for a variance to the expiration of his lease in March. However, he believes they could wrap up negotiations within the next 30 days. Should he sign a new lease Joseph Lubczyk will have the separator unit put in. At the present time Jays Automotive and Calloways is grandfathered in since they were there before 1985. James Jason has changed the nature of his business to non mechanical. Juan Norat who applied as a hobby shop is working on cars. He is inconsistent with his C/O and if he doesn't comply he will need to vacate. BBA Minlltes, 6 August 5, 1993 John Patton explained that they did not feel hostile with the city but thinks Joseph Lubczyk has the cleanest shop and thinks it should be no problem granting him a variance of the code until March but thinks Joseph Lubczyk would comply before that. Michael Augustin asked if he had any floor drains at all. John Patton said he had no knowledge. James McCaig asked if the oil was being washed out into the street drains. Joseph Lubczyk said he used absorbants such as kitty litter and big funnels to catch the oil. Some oil does drip on floor. James McCaig asked if the shop area gets washed down. Joseph Lubczyk said it was mopped. James McCaig "where does the this mop water go?" Joseph Lubczyk said it does go into the city sewer but it is minimal. The basis for Joseph Lubczyk argument is that he signed lease papers, made a heavy cash outlay to get the space open for business and then found out that he could not do total automotive work in this space. He did agree to do electrical work only but customers were wanting him to do more extensive work on their cars so he obliged them. Before he spends any more money he would like to be assured that he will be in this space for at least 4 or 5 more years. He is currently renegotiating his lease now. He is enjoying working in the city of North Richland Hills and wants to comply with the codes. Michael Augustin asked "is this in fact a requirement to have floor drains for this kind of business?" BBA Minutes, 7 August 5, 1993 Steve Pence said the city follows the Uniform Plumbing Code and it says floor drains are required if the building official deems necessary. The Fire Code does however make it clear that floor drains or oil separators are required. Michael Augustin asked for a more detailed explanation of why the oil had to be drained into a floor system as opposed to being recycled. Jimmy Beach explained that the oil separates from water, goes out barrels in a concrete box where the water goes down, up, down and out. The water separates from the oil. The oil is then cleaned out by a licensed company. He will receive a ticket which he then gives to the health department. Also an employee from the public works department moniters the system. This is also done with restaurants. The city moniters if it needs to be cleaned more often. The EPA stipulates all rules and is coming down on municipalities. Even if you change oil from your residence, Laidlaw will not pick it up. Michael Augustin,"does this apply to all businesses in the city?" John Larriviere asked if this applies to Calloway and other existing automotive businesses. "will they have to get dr ains ? " Steve Pence said it would be possible if the Texas Water Commission and the EPA changed the regulations. Steve talked with Mr. Culpepper and they are currently renegotiating these leases. They talked of a community type drain system. Those who wanted to tie in would and those who don't would be removed from the property. John Larriviere mentioned that if they' were to tie in on a community line then it would surely cut the cost. Steve Pence agreed that this would cut the cost. BBA Minutes, 8 August 5, 1993 ·John Larriviere wanted to know if the landlord agreed to do this. Steve Pence said no but it was discussed. Michael Augustin proposed that Joseph Lubszyk be offered a reasonable amount of time to have the floor drains put in and then electricity would be cut off if he did not do so. John Larriviere asked "what would happen the next time an automotive type business decides to move into North Richland Hills?" Steve Pence told him that anyone that applies for any type of automotive business will not be allowed in the city unless they have had floor drains installed. Garry Cope said he understood that there are other tenants that don't even have a certificate of occupancy. Steve Pence told of one business that doesn't have a certificiate of occupancy, one started off as a hobby shop and turned into an automotive repair business. He was told to stop all work. John Larriviere reinforced that the city assumed Joseph Lubczyk was going to do electrical work only and that is why the city let him open up but it turned into full fledged automotive work. Steve Pence mentioned that now that the city is enforcing floor drains, this will be a hardship for businesses that are truly doing only electrical or windshields but time and time again these businesses have started off simple but expanded. The City Manager has instructed our department that this will not happen again. They must meet all requirements for repair garages or they will not move in. BBA Minutes, 9 August 5, 1993 John Patton believes 45 days for aegotiating and 30 days to install would be more than fair. Joseph Lubczyk was interested in the letteI:' Mr. Culpepper sent wanting to know about a central grease trap that everyone could tie onto. Steve Pence told Joseph Lubczyk that this matter was between himself and his landlord. John Larriviere reinforced the fact that Joseph Lubczyk came into the city not fully knowing what needed to be done and when he found out he should have complied with the code. Joseph Lubczyk agreed and said he was ready to comply and work with Jimmy Beach. John Larriviere said the way to enforce this code would be to cut the electricity if he did not comply. Joseph Lubczyk said he has bought the grease trap, is ready to install but has received no further information from the landlord. Garry Cope said the lease company and the owners are not responsible for violating the code. The ultimate responsibility is Mr. Lubczyk's. Joseph Lubczyk said he understood and will install the grease trap but he needs permission from landlord to cut the concrete. John Larriviere stated that the landlord attracts the automotive business and should be made aware of what all is involved. John Patton said he would be getting with the landlord about this matter. John Larriviere told Mr. Lubczyk that what they were asking for was not a variance. This board cannot go against the ordinances. We don't make BBA Minutes, 10 August 5, 1993 Secretary cne policies. This would not be feasible to let you do this. Michael Augustin said what they need is time to correct this problem. Michael Augustin made a motion that the Board of Appeals deny the request for a variance but give Joseph Lubczyk a grace period of 75 days from today's date {August 5)to comply with the city's code. The Board would grant an extension to October 15, 1993. James McCaig seconded the motion. The motion carried unanimously. Garry Cope reiterated that Joseph Lubczyk has 75 days to comply or the electricity will be cut and the city will take action immediately. Garry Cope called the meeting adjourned. Q'hairman 0 /of Appea