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HomeMy WebLinkAboutCCA 1987-03-10 Minutes MINUTES OF THE REGULAR CALLED MEETING OF THE BUILDING BOARD OF APPEALS OF THE CITY OF NORTH RICHLAND HILL, TX MARCH 10, 1987. - 7:15 P.M. CALL TO ORDER The meeting was called to order at 7:15 P.M. by Chairman John Larriviere. ROLL CALL PRESENT: Secretary Members Fire Liet. Code Enfc. Greg Wheeler Robert Skinner John Larriviere Michael Dean Orville Baker Joe Crane Don Andrews Ken Miller ABSENT Eric Hill CONSIDERATION OF MINUTES The minutes of the January 14, 1987 meeting were approved 5-0. BBA 87-1 Request by Khasrow Yazahari owner of the property located at 7000 Davis Blvd. legally known as Abstract 321 Tract 3 in the City of North Richland Hills, Texas. Mr. Yazahari is appealing demoli- tion of a structure on the said property. Chairman John Larriviere called forward the representative of the appeal. No representative came forward. Chairman John Larriviere called forward Lieutenant Don Andrews of the North Richland Hills Fire Department. Don Andrews came forward and stated that the residence at 7000 Davis Blvd. has had the Fire Department out there on numerous occasions. The first occasion was in March 1986, involving criminal mischief and several fires set in the build- ing. From that incident, two juvenile arrests were made later in the year. Mr. Andrews stated Code Enforcement Officer Tim Page 2. Horvath was contacted shortly after this incident and had him pull the power at the residence because of live wires lying around the rooms, light fixtures dangling from the ceilings. Mr. Andrews presented pictures taken in May 1986 as evidence. He said that he himself has been to the residence on numerous occasions. Juveniles between the ages of 10- 19 years of age have been in or around the residence. Various illegal activities such as starting fires and dope activ- ities have been reported at this residence. The most recent call the Fire Department made to this location was on March 9, 1987. Mr. Andrews presented the Engine Company report on the incident. He said that he was still in the process of working an offense report on this because today an arrest of the juveniles that admitted to setting the fires on the previous day was made. Mr. Andrews stated that as a representative of the Fire Marchal's Office, he believed that this property represented a severe fire hazard and a severe life safety hazard. The staircases in the house are extremely unsound as is the flooring. There is a danger of someone falling resulting in a severe injury or death. John Larriviere called forward Code Enforcement Officer Ken Miller. Ken Miller came forward and stated that he has been dealing with the property at 7000 Davis Blvd. for approximately one year for unpleasant premises and dangerous building. A letter was sent to the owner earlier in the year for abatement which was never done. Mr. Miller sent a letter on December 9, 1986 to Mr. Yazahari to bring the building into compliance with the City Codes and Mr. Yazahari chose to appeal the request. Mr. Miller submitted phtographs taken of the Page 3. residence on February 13, 1986. He stated that the building was dangerous to anybody in or out- side of the building. Robert Skinner asked the approximate size of the property. Ken Miller stated that the total property was about ten acres. The house itself was about 4000 square feet. Robert Skinner asked if the property was fenced. Ken Miller stated that there was a barbed wire fence around the outside perimeters. Robert Skinner asked if there was access to the house from the road. Ken Miller stated yes, and that it had no gate. Robert Skinner asked if there was a "For Sale" sign anywhere on the property. Ken Miller stated yes, on the northwest corner. Robert Skinner asked what the normal time to allow a person whose property is in this con- dition to have it demolished. Ken Miller stated the owner had thirty (30) days to start the procedures. Robert Skinner asked if there was a permit required. Ken Miller stated yes. Greg Wheeler stated that the nor- mal procedure by ordinance is to allow sixty (60) days to obtain the proper permits to bring it up to the current building standards or take out a demolition permit and demolish the structure. The Page 4. owner is to be informed that he/she has thirty days within receipt of the letter to request an appeal to The Board of Appeals to appeal the decision of the Building Dept. personnel or the Fire Dept. personnel. Robert Skinner asked if the owner of this property has been issued any kind of citation in the past year. Greg Wheeler stated no. Joe Crane asked if the appealant had been notified of this meet- ing. Lisa Mills stated that the Mr. Yazahari had been sent two letters informing him of the meeting. The letters were sent February 26, 1987 and March 3, 1987. Robert Skinner asked Ken Miller if by the City Code, the struc- ture was qualified for total demolition. Ken Miller stated yes. Orville Baker stated that the Board has looked at the pictures supplied by the Fire Dept. and Code Enforcement and that the difference between the property a year ago and now is deteriorated to a point that it looks like it is very dangerous to have around. With the fact that there has been fires and criminal mischief and other offenses, warrant that someone is going to get hurt unless they get rid of the place. Robert Skinner asked Ken Miller if his office could write a certified letter to Mr. Yazahari to have him comply to a decision by the Board of Appeals. Ken Miller stated yes. Page 5. Joe Crane stated that is seems by all reasonable doubt that Mr. Yazahari has been notified. Mr. Crane felt that the appeal should be denied. Orville Baker seconded the motion. Chairman John Larriviere stated that the Board declare the appeal denied because Mr. Yazahari did not show up for the meeting. Greg Wheeler stated that the Board was still required to advise Mr. Yazahari, which Mr. Wheeler would do in his letter, that there is one other step in the appeal process if he wished to appeal the Board's decision. Mr. Yazahari would also be notified of any stipulation by the Board, and any other process the Board deemed necessary to abate this nuisance. The Board needed to give him the option to appeal to the City Council and the action he will need to take if he does not appeal. John Larriviere stated that he understood that the City had ordered Mr. Yazahari to tear the building down or bring it up to code. Mr. Yazahari was appeal- ing to give himself time to voice his opinion. Joe Crane stated that the proper way to do this would be to give Mr. Yazahari until the 18th of March to appeal to the City Coun- cil. If Mr. Yazahari chose not to appeal, then the Board could go ahead with the condemnation of the building. Greg Wheeler stated that if Mr. Yazahari has the opportunity to appeal it to the City Council and if he chooses not to appeal, then he had thirty days to do this. A time stipulation needed to be given for him to appeal it Page 6. to the City Council. Robert Skinner stated that if the Board presented Mr. Yazahari a certified letter stating the opptions that he could take: 1. Thirty days to take out permits to bring the structure to current Building and Fire Codes. 2. Demolish the structure within thirty days from March 11, 1987 3. Has until the 18th of March to file an appeal to the City Council. Greg Wheeler stated that the options would depend upon the Board's motion. Joe Crane made the motion to deny the request of Mr. Yazahari and to have the building demolished within thirty (30) days. Orville Baker seconded the motion and the motion carried 5-0 to deny. Robert Skinner asked if a cert- ified letter would be sent on March 11, 1987 to Mr. Yazahari informing him of the Board's decision to have him demolish the building and to inform him that he can appeal to the City Council by March 18. Greg Wheeler stated yes. Robert Skinner stated that he would like someone from the enforcing office to let the Board know what Mr. Yazahari's decision was. Greg Wheeler stated that he would inform him. Robert Skinner requested that Mr. Wheeler's office send a letter to the Fire Department by Friday, March 13, 1987 con- cerning the status of Birra- poretti's Restaurant. On behalf Page 7. of the Board of Appeals, they wanted to know two things. 1. What have been the found- ings of the Fire Dept. since January's meeting. 2. If the Fire Dept. is satisfied or dissatisfied with their foundings and have requested Mr. Rex McIntire to write a letter to bring the restaurant in compliance. Mr. Skinner asked if that could be done. Greg Wheeler stated yes. ADJOURNMENT Orville Baker made the motion to adjourn the meeting. The meeting was adjourned at 7:38 P.M. Chairman of The Board of Appeals Secretary Building Code and Ordinance Committee