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HomeMy WebLinkAbout07091990 BSC Minutes• GENERAL APPEALS BOARD REGULAR SESSION MONDAY, JULY 9, 1990 MUNICIPAL BUILDING 3800 UNIVERSITY BOULEVARD 6:30 P.M. The General Appeals Board convened in regular session in the Municipal Building, 3800 University Boulevard, in the City of West University Place on Monday, July 9, 1990, with the following members present: Philip C. Lewis, John M. Farrell, Nicholas J. Aschliman and Sharon Mathews. Also present was Wayne Perry, Chief Building Official. COMMENTS OF CONCERNED RESIDENTS: Mr. Lewis invited residents to speak who had matters they wished to bring to the attention of the General Appeals Board that were not related to the agenda items. There were none present who wished to to speak. CONSIDERATION OF PROPERTY LOCATED AT 2907 QUENBY: Mr. Lewis described conditions of property located at 2907 Quenby owned by Richard Whittington. He also explained that the Board does not have subpoena power and although Mr. Whittington has been asked to come before the Board numerous times without success, he has appeared before • Municipal Court. Mark Rothstein, 2911 Quenby, informed the Board that four years ago he purchased a new house built by a reputable builder next to 2907 Quenby and within two years problems occurred with termite infestation. After contacting the builder and several exterminators in an attempt to get rid of the termites, the source of the problem was determined to possibly be from 2907 Quenby where there is a tremendous amount of untreated wood and a garage which is next to their property line and that is practically falling down. In the last two years approximately $1,800 has been spent in trying to correct the termite problem. Wayne Perry stated he inspected the property on May 11, 1990, taking pictures of house and garage. The pictures were presented to the Board with description and date on the back of the photos. He also informed the Board that Municipal Court has Mr. Whittington on a probated fine as he has stated he is trying to make repairs. At this time, Mr. Rothstein presented the Board with a list of other problems that are associated with the property. He also informed the Board that family members have encouraged Mr. Whittington to move and several attractive offers have been made to him to sell the property. Mr. Perry informed the Board Mr. Whittington received the Notice of ~ Hearing June 11, 1990 stating "Repair such building so that the conditions causing them to be dangerous are completely corrected, on or before the 60th day following the date this order becomes effective" or "Demolish such buildings on or before the 90th day following the General Appeals Board, July 9, 1990 • date this order becomes effective." This order was dated and signed by Wayne Perry, May 31, 1990. Mr. Lewis asked that the next meeting of the General Appeals Board be set for August 6, 1990 and that the City Attorney be asked to attend the session to ascertain what the next due process step should be, making sure that it is done properly. A letter will be written to Mr. Whittington on July 31, 1990, reminding him of the 60 days past due and also of the 90 day deadline. Motion made by Mr. Farrell, seconded by Mr. Aschliman that the General Appeals Board affirm the Order as drafted by Mr. Perry and dated May 31, 1990, to insist that the repairs be affected within 60 days of that date or demolition within 90 days of the date. Voting Aye: Philip Lewis, John Farrell, Nicholas Aschliman, Sharon Mathews Voting No: None Absent: None CONSIDERATION OF ABSENCE OF SIDEWALK AT 4205 SOUTHWESTERN: Greg and Renee Koch, 4205 Southwestern, appeared before the General Appeals • Board requesting permission to forego the construction of a sidewalk as it could destroy five trees which are established mature trees on their property. Mrs. Koch explained to the Board that the house was built in 1986 and in September of 1989 a Notice of Ordinance Enforcement Proceedings was taped to their front door stating there was no sidewalk provided for the front property line when house was built. The builder, University Court, confirmed the fact that the ordinance in reference to sidewalks was in affect when house was built, but that the plans had been approved. An occupancy permit was also issued despite the absence of a sidewalk. The builder stated he would build the sidewalk at no cost to the owner after the Koch's had signed an affidavit stating that if the trees died, he was not responsible. A report was distributed to the Board from The Davey Tree Expert Company stating 4201 and 4205 Southwestern had large sycamores and a water oak very close to the proposed sidewalk construction area and to achieve proper grade for the walk you would sever too many lateral roots and probably end up killing the trees as the trees are already stressed due to prior construction injury and last year's drought. A month ago a citation was received by the Koch's for $100 because their property did not have a sidewalk. Mr. Perry informed the Board he could not give a reason for the sidewalks not being put in at the time the house was built as the ordinance was definitely in affect. First letters from the Inspection Division were sent in April of 1989 after questions from a resident in • the area were received asking why the sidewalks were not in place. 2 General Appeals Board, July 9, 1990 • After general discussion, Ms. Mathews made a motion to grant a variance on the condition that there are mature trees that would be damaged if not killed by a sidewalk. Mr. Aschliman amended the motion, Ms. Mathews seconded, to state that in recognizing the fact that probably there had been no sidewalks there before this residence was built and that these matures trees have been in the alignment for a number of years and in this particular residence grant a waiver with a provision that if for some reason, storm, etc., the trees should die and if the alignment should become available then sidewalks would be expected to be built at that time. Voting Aye: Philip Lewis, John Farrell, Nicholas Aschliman, Sharon Mathews Voting No: None Absent: None This motion will also be applicable to 4201 Southwestern. GENERAL APPEALS BOARD MEETING MINUTES: Motion was made by John Farrell, seconded by Sharon Mathews, that the minutes of the General Appeals Board be approved: • a) Regular Session, June 11, 1990 Voting Aye: Philip Lewis, John Farrell, Nicholas Aschliman, Sharon Mathews Voting No: None Absent: None Mr. Perry gave a short report to the General Appeals Board in reference to the status of the properties located at 3112 Amherst and 4131 Byron. ADJOURNMENT: There being no further business to come before the Board at this time, a motion was made by John Farrell, seconded by Nicholas Aschliman, that the meeting be adjourned at 7:34 p.m. Voting Aye: Philip Lewis, John Farrell, Nicholas Aschliman, Sharon Mathews Voting No: None Absent: None L_ J 3