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HomeMy WebLinkAboutCCA 1987-05-12 Minutes MINUTES OF THE REGULAR CALLED MEETING OF THE BUILDING BOARD OF APPEALS OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, MAY 12, 19~. - 7:05 P.M. CALL TO ORDER The meeting was called to order at 7:05 P.M. by Chairman John Larriviere. ROLL CALL PRESENT: Secretary Members Fire Marshall Fire Insp. Greg Wheeler Robert Skinner John Larriviere Orville Baker Joe Crane Eric Hill Danny Taylor Steve Pence ABSENT: Michael Dean CONSIDERATION OF MINUTES The minutes of the April 14, 1987 meeting were approved 5-0. BBA 87-4 Request of J.D. Griffith to appeal the Fire Department requirement for asphalt paving at 3813 Rufe Snow Drive. Chairman John Larriviere called forward the representative of the appeal. Coreen Griffith came forward and stated that J.D. Griffith could not appear because he had some teeth extracted. She said that she was asking the Board of Appeals to let the utilities remain on until Mr. Griffith could afford to complete the pro- ject. She stated that she came to City Hall before the house was moved into the City and was told that it would be O.K. All permits and bonds were taken out. The Griffiths ran out of money and have completed all that they could. She stated that they ran out of money before the Fire requirements were met. They barely had enough money to live on. Mrs. Griffith stated that she was not asking for a Certifi- cate of Occupancy, but just for an extension of the utilities. Page 2. They had insurance taken out on this house and if the utilities were turned off, then the insur- ance would be cancelled. They just want more time to finish the project. The paving itself takes alot of money. She stated that she drove a six block radius on Rufe Snow that had businesses with gravel lots, no fire lane, nor any handicapped parking. Chairman John Larriviere asked Mrs. Griffith if the insurance company required that the utili- ties be on. Mrs. Griffith stated that if the utilities were turned off and something happened to the build- ing, the insurance would not be any good. The insurance company thinks that there is something in there now. Robert Skinner asked if the building was vacant presently. Mrs. Griffith stated that there was a desk and some other articles in the building. There is no business in it. Chairman John Larriviere stated that the only purpose of the Board was to interpret the Code. They do not have the authority to change the Code. Mrs. Griffith stated that the pavement that is at this location did have asphalt on it at one time. Over the years it has been worn down and gravel had been put over it. The gravel surface is hard. Did she need to ask for a Certificate of Occupancy and do away with the paved parking. Robert Skinner asked if the Griffiths owned the property at this location. Mrs. Griffith stated yes. Robert Skinner asked why they needed electricity in the build- Page 3. ing if it was unoccupied. Mrs. Griffith stated that they did not have to have it. Eric Hill stated that they would need the utilities for insurance purposes. Mrs. Griffith agreed. Robert Skinner asked what it would take to turn the utilities on. Mrs. Griffith stated that the utilities were already on, that the City was going to turn them off. Orville Baker asked Greg Wheeler what if the Board gave the Certi- ficate of Occupancy. Was is it legal to have vacant house or business in this zoning. Greg Wheeler stated that only in strip shopping center was this allowed. The temporary power is used to show the space for possible lease. The spaces are usually up to Code. Chairman John Larriviere asked if the power is cancelled every month. Greg Wheeler stated it was only cancelled if it was not renewed by the applicant. Chairman John Larriviere asked what the purpose of this was. Greg Wheeler stated that it prevents people just moving in there without the proper per- mits. Eric Hill asked Mrs. Griffith how much they had invested in the house. Mrs. Griffith stated $25,000. That was including the house move, foundation, water, sewer and permits. Page 4. Eric Hill asked what kind of business they were in. Mrs. Griffith stated that Mr. Griffith was in the utility business. Eric Hill asked what was the motive for moving the house into the City. Mrs. Griffith stated that the house was given to them. Eric Hill stated that they were not talking about too much money involved. Mrs. Griffith stated that it was alot of expense when every month Mr. Griffith had to write a $500 dollar check to support one child. Eric Hill stated that did not involve the Board. Mrs. Griffith stated that they put every penny they had into the house. The asphalt require- ment was a complete surprise to them. They were not aware that they had to asphalt until towards the end of construction. Orville Baker stated that the letter in July stated that it would have to be paved. Eric Hill stated that he did understand why they did not bring it into compliance since they did get such a good bargain on the house. Mrs. Griffith stated that they planned to brick the house. Robert Skinner asked if Mrs. Griffith was currently living in the house. Mrs. Griffith stated no, she was not because they were on commer- cial property. Page 5. Robert Skinner asked if there was anyone occupying the building. Mrs. Griffith stated no. Eric Hill asked if anyone had previously occupied the building. Mrs. Griffith stated no. Robert Skinner stated that in July 7, 1986 there was an inspec- tion made on the building and there were a list of things that needed to be done in order to bring the building up to Code. Then there was a letter sent to the Griffiths on April 3, 1987 giving them a time limit in which to comply with the requirements or the utilities would be turned off. Eric Hill asked if at any time did anyone occupy the building since it had been on the proper- ty. Mrs. Griffith stated no. Eric Hill asked about the band that used the building as a studio. ( ¡ Mrs. Griffith stated that was before the walls and ceiling were ever fixed. Some friends of theirs asked if they could practice and make recordings. Mrs. Griffith stated that the Fire Department said that they were concerned about the situ- ation. The friends were then told that they could not come over and used the building any- more. Robert Skinner asked if it was the Griffiths intention to fix the building up for future com- mercial tenants. Mrs. Griffith stated that there would be no future commercial tenants. They were fixing it up for their own use. Page 6. Robert Skinner asked if she had ever rented it out to other businesses. Mrs. Griffith stated no. Robert Skinner stated that all she needed was a Certificate of Occupancy to satisfy an insurance company. And had she tried more than one insurance company. Mrs. Griffith stated no. They are using the same insurance com- pany that their house is under. Robert Skinner asked Greg Wheeler if any other insurance company would insure a building regard- - less of the utilities. Greg Wheeler stated that he did not know. Robert Skinner stated that Mr. Pence of the Fire Department has worked with Mrs. Griffith on several occassions concerning the Code Requirements. Mrs. Griffith agreed. Chairman John Larriviere stated that his experience with insurance companies was that whether utilities were on or not, it was insured. He asked Mrs. Griffith if it was insure for a commercial or residential build- ing. Mrs. Griffith stated that it was insured as a commercial building. Chair John Larriviere asked if it was the original intent to have an office building. Mrs. Griffith stated that the in- tent was to take the little office in the metal building move it to the back and hook up central heat and air. Robert Skinner asked if this would be the business place for Mr. Griffith. Page 7. Mrs. Griffith stated that there would be another man, Mr. Allgood, who would be using the building. He did have a busi- ness that he would just be keep- ing his files in the building. Robert Skinner stated that there were four items on the require- ments that needed to be taken care of. The storage closet needed a one hour fire protection and that Mr. Pence told the Griffiths that they just needed to put up a 5/8 sheetrock where the boiler was. He asked Mrs. Griffith if that was not feas- ible. Mrs. Griffith stated yes. Robert Skinner stated there was the requirement for the fire dam- pers. Had Mrs. Griffith discus- sed this with Mr. Pence. Mrs. Griffith stated yes. Orville Baker stated that there would need to be only one damp- er. Robert Skinner asked Mrs. Griff- ith if she was aware that the property was zoned commercial be- ~ fore she bought it. , Mrs. Griffith stated yes. Robert Skinner stated that the third requirement was to provide a drawing of the radius of the existing fire hydrant. Greg Wheeler stated that the radiuses needed to be to scale. Robert Skinner stated that the fourth requirement was a hard surface parking lot with a fire lane. Mrs. Griffith stated that the surface already existing was better than putting some rock on top of it. Page 8. Robert Skinner asked what kind of surface was already existing. Mrs. Griffith stated that there was paved at one time. Over the years loads of the small white rock. She agreed that they would not be able to fix up a fire lane on the surface. She asked why the other businesses by them did not have to have this hard sur- face parking lot when she did. Eric Hill stated how long have her neighbors been there. Mrs. Griffith stated that she did no know. Eric Hill stated that they were probably there before the Fire Code came into effect. Danny Taylor stated that the Fire Code came into effect in 1976. He said that the Fire and Build- ing Departments were aware of the other businesses and that they were going to be correcting them in the future. The reason they had so many illegal businesses was because the buildings had permanent power enabling people to move in and out. i Chairman John Larriviere asked Mr. Taylor to explain what he meant by temporary power. Mr. Danny Taylor stated that the Griffiths had temporary power. It was due to expire January 29, 1987. The inspectors went out to the building and saw that the Griffiths were trying to make some progress and extended the power. Greg Wheeler stated that the owner of these other buildings usually has the power in his name and just charges each tenant his share of the bill. When the tenant moves out, Texas Electric does not know because the power is never called in to be shut off. Page 9. Chairman John Larriviere stated that his understanding of the inspection background to con- tinually upgrade and maintain a specific Code. Instead of passing a hard rule that everyone had to do it, they wait until a a change takes place in a build- ing. Mrs. Griffith stated that she was told that if she got a Certificate of Occupancy and then did not operate from the build- ing, then should there be another tenant, they would have to apply for their own Certificate. She understood that the Board had rules to follow. Chairman John Larriviere stated that she talked to someone before the house was ever moved in and was given a list of requirements that would have to be met. He asked if she still had the list. Mrs. Griffith stated that she did not have the list. She sat in his office and talked to him. Chairman John Larriviere stated that when she started this pro- ject, that there were 14 require- ments that she had to comply with. Now she was down to four and the first three of those were not costly ones. He asked Mrs. Griffith if she had any estimates of how much it would cost to complete this. Mrs. Griffith stated yes. One man wanted $3500.00 for the driveway entrance only. They needed more than the 20 foot driveway entrance. Chairman John Larriviere asked if she was about $4000.00 from complying with the Code. Mrs. Griffith stated no. The $3500.00 was for the drive app- roach only. Not the asphalt. Page 10. Robert Skinner asked if she in- tended on leasing this building out. Mrs. Griffith statèd no. Robert Skinner stated that if Mr. Griffith did not get any job to bring in the money to do the paving, then their out of luck because they do not have any insurance. There would be a period in time when they would be told that they could not have any more utilities. Mrs. Griffith stated that was true. If something did not hap- pen then they could not even afford the insurance. Joe Crane stated that he was having a hard time with this because the way he saw it, was that Mrs. Griffith was wanting them to help her deceive the insurance company. Mrs. Griffith stated that was not true. She was not trying to de- ceive anybody, all she was asking for was a little more time. Chairman John Larriviere asked what would happen to the struc- ture if the building never received a Certificate of Occupancy. Greg Wheeler stated that they would have to keep their permits current whether they are working on it or not. If the permits lapse and if the building starts to deteriorate, the City would have to start abatement procedures. Mrs. Griffith stated that all bonds and permits were kept current. Eric Hill stated that he could not understand why the Griffiths got themselves into this venture before examining every aspect. Page 11. The requirements for this had always been there. Mrs. Griffith stated that she talked to Richard Royston about this property. He told her what was needed to be done. None of this was put on paper. Joe Crane stated that a vote needed to be taken. Chairman John Larriviere stated that he understood that the hard surface parking lot is not the issue. He understands that Mrs. Griffith wants more time and in that time period to have her utilities left on. Mrs. Griffith stated that the water was on and electric power. Chairman John Larriviere asked if the gas was legally hooked up. Mrs. Griffith stated that all the utilities are to Code. She does not want a Certificate of Occupancy, just more time. Chairman John Larriviere stated that this crises needed to be resolved. Greg Wheeler stated that the City has been trying to work with the Griffiths on this piece of prop- erty. It came to a point that nothing was being done and the Building and Fire Department came to the decision that the power needed to be pulled or the project needed to be com- pleted. Mrs. Griffith was only wanting a time extension in which to comply with the four requirements that are left. Chairman John Larriviere asked the Fire Department if the build- ing would be safer with or with- out the utilities left on. Steve Pence stated it would be safer without the power on. Page 12. Chairman John Larriviere asked if the Board approved the time extension, then how much of an extension would that give the Griffiths. Mrs. Griffith stated that her husband had some job opportun- ities coming up. It would take at least sixty days. Eric Hill asked how much time that she needed. Chairman John Larriviere stated that the Board's main concern was if the power was left on, it could be a potential hazard. Orville Baker asked Mrs. Griffith if the Board extended the power, could she have the first three items completed in the next sixty days. Mrs. Griffith stated that there were some closets that needed one hour doors put on them. She asked the Fire Inspector if it would be acceptable if they just took the doors out. Eric Hill asked if the paving was the biggest problem. Mrs. Griffith stated yes. Joe Crane stated that a vote needed to be taken. Chairman John Larriviere asked for a motion. Joe Crane motioned to deny the request of Mrs. Griffith. Robert Skinner made an Amendment to the motion that the power would be shut off per the letter April 3, 1987 on the date of May 31, 1987 until all require- ments are met and approved. Joe Crane motioned to deny the request. Robert Skinner seconded and the Page 13. the motion carried 5-0 to deny. Chairman John Larriviere inform- ed Mrs. Griffith that she could appeal the Board's decision to the City Council. ADJOURNMENT Chairman John Larriviere adjourn- ed the meeting at 8:03 P.M. CHAIRNAN OF THE BOARD OF APPEALS SECRETARY BUILDING CODE AND ORDINANCE COMMITTEE