[00:00:02]
[I. CALL TO ORDER]
CLOCK, IT IS NOW SEVEN 30.UH, SO I'M GOING TO, UH, CALL TO ORDER THE MEETING FOR THE BENBROOK ZONING BOARD OF ADJUSTMENT AND APPEALS COMMISSION FOR TUESDAY, AUGUST THE 22ND, 2023.
UM, INITIALLY I'M GOING TO OPEN THE PODIUM FOR ANY CITIZEN COMMENTS.
[II. CITIZEN COMMENTS ON ANY AGENDA ITEM]
UH, FOR ANY AGENDA ITEM, UH, COMMENTS WILL BE LIMITED TO TWO MINUTES.GIVEN THAT I DON'T SEE ANY CITIZENS WHO ARE PRESENT TO ADDRESS THAT.
THEN WE WILL MOVE ON TO THE NEXT AGENDA ITEM,
[III. MINUTES OF THE ZONING BOARD OF ADJUSTMENT AND APPEALS COMMISSION]
UH, WHICH IS THE MINUTES OF THE ZONING BOARD OF ADJUSTMENT AND APPEALS COMMISSION, UH, FROM THE JULY 25TH, UH, 2023, REGULAR MIN, THE REGULAR MEETING.UM, HAVE EVERYBODY, HAS EVERYBODY HAD AN OPPORTUNITY TO REVIEW THOSE MINUTES? YES.
ALRIGHT, AT THIS TIME THEN I WILL OPEN IT UP FOR ANY MOTIONS PERTAINING TO THOSE MINUTES.
MS. OI MOVE THAT WE APPROVE THE MINUTES OF THE ZONING BOARD OF ADJUSTMENT AND APPEALS FOR THE REGULAR MEETING HELD ON JULY 25TH, 2023 AS PRESENTED.
ALRIGHT, DO WE HAVE A SECOND TO THE MOTION? I SECOND.
ALRIGHT, MR. DEAN? YEAH, WE APPROVE THE MINUTES.
ALRIGHT, THERE HAS BEEN A MOTION AND A SECOND.
UM, I'M GOING TO CALL THE QUESTIONS, SO AT THIS TIME, PLEASE VOTE.
UH, THE MOTION PASSES OR CARRIES UNANIMOUSLY.
UH, SO THANKS TO EVERYBODY, WE WILL, UH, HAVE THOSE MINUTES APPROVED.
UM, AS I INDICATED DURING THE WORK SESSION, UH, I AM GOING TO GO OUTTA ORDER JUST MOMENTARILY TO AGENDA ITEM NUMBER FIVE.
UH, I'M GOING TO, UH, OPEN THE ZONING BOARD OF ADJUSTMENT ASPECT OF THE MEETING.
UM, AND AS THERE ARE NO AGENDA ITEMS, UH, FOR THIS EVENING FOR THE ZONING BOARD OF ADJUSTMENT, THEN I AM GOING TO, UH, CLOSE THE ASPECT OF THE ZONING BOARD OF ADJUSTMENT, UH, MEETING.
THEN I'M GONNA MOVE ON NOW TO AGENDA ITEM NUMBER FOUR,
[IV. REPORTS BY CITY STAFF - APPEALS COMMISSION]
WHICH ARE, UM, THE REPORT BY THE CITY STAFF, UH, PERTAINING TO THE APPEALS COMMISSION.UM, I UNDERSTAND THAT THERE IS ONE ITEM, UH, ON THE AGENDA THIS EVENING, WHICH IS ITEM AC DASH 23 DASH ZERO TWO.
IT IS A CONSIDERATION OF A REQUEST TO DEMOLISH ALL STRUCTURES AND OTHER IMPROVEMENTS LOCATED AT 1 0 4 COSBY STREET, SOUTH BENBROOK, TEXAS 7 6 1 2 6 AND LEGALLY DESCRIBED AS LOT A BLOCK EIGHT BENBROOK LAKESIDE EDITION FIRST REVISION.
THE PROPERTY IS IN VIOLATION OF CHAPTER 15.44, WHICH IS THE DANGEROUS AND SUBSTANDARD BUILDINGS TITLE 15 OF THE BENBROOK MUNICIPAL CODE.
THE PROPERTY IS ZONED B ONE FAMILY DISTRICT.
UH, AND THIS IS A CONTINUATION FROM THE ITEM, UH, THAT WAS PRESENTED AT THE JULY THE 25TH, 2023 APPEALS COMMISSION, UH, AGENDA ITEM.
SO WITH THAT, UM, I WILL ALLOW THE CITY TO GO FIRST AS THE CITY IS THE MOVEMENT.
UM, BACK IN APRIL OF 2021, OUR BEN CODE ENFORCEMENT, UH, FIRST GOT INVOLVED.
IT WAS MADE AWARE THAT THE, UH, DWELLING UNIT OR HOUSE LOCATED AT 1 0 4 COSBY STREET SOUTH WAS IN, UH, DISREPAIR.
AND AT THAT POINT IN TIME, THE BEN CODE ENFORCEMENT WORKED TO SPEAK WITH, UH, THE PROPERTY OWNER.
UM, ONE OF THE CHALLENGES WAS, IS THERE WAS SOME CONFUSIONIST WHO ACTUALLY OWNED THE PROPERTY.
UH, APRIL 30 OF THAT, UH, SAME YEAR.
UM, I WAS ACTUALLY NOTIFIED THAT THE OWNERSHIP OF THAT PROPERTY AS MENTIONED, WAS IN DISPUTES AND PENDING SOME LITIGATION, TARRANT COUNTY DISTRICT COURTS THAT KIND OF MADE IT DIFFICULT TO, TO REALLY, UH, FIGURE OUT WHO WE WERE GONNA SEND THE, THE NOTICE TO.
AND IT WASN'T UNTIL JANUARY OF THE FOLLOWING YEAR, 22, UH, THAT THE DE TRANSFERRING OWNERSHIP, UH, ACTUALLY WENT TO FILIA ICK, WHO IS THE CURRENT PROPERTY OWNER OF THAT PROPERTY.
AND SO THAT WAS, THAT DEEDS RECORDED WITH TARRANT COUNTY CLERK'S OFFICE ON JANUARY 19, UH, 2022.
UH, SUBSEQUENT TO THAT, UH, VETERAN CODE ENFORCEMENT REACHED OUT TO MS. ICK, UH, TO GENERATE A REPAIR
[00:05:01]
PLAN, UH, IN WHICH TO BRING THE PROPERTY INTO COMPLIANCE.UH, MS. ICK RESPONDED THAT SHE WAS WORKING WITH A TO SECURE A CONTRACTOR AND, AND ALL OF THAT WOULD BE, UH, FORTHCOMING.
THIS, THIS WENT ON FOR OVER A YEAR AND, UH, IT, IT BUBBLED BACK UP IN APRIL OF 2023 THIS YEAR.
UM, AND SO BEDRICK CODE ENFORCEMENT WAS TRYING TO MAKE CONTACT WITH THE PROPERTY OWNER AGAIN, ASKING FOR THAT REPAIR PLAN, UH, TO BRING THE PROPERTY INTO COMPLIANCE.
UH, FINALLY ON APRIL 19TH, 2023, UM, DUE TO COMPLAINTS ABOUT POSSIBLE VAGRANT INSIDE THE HOME, UH, BED CODE ENFORCEMENT AND THE CHIEF, UH, BUILDING OFFICIAL, UH, MARK SANDERLIN, WHO WAS HERE THIS EVENING CONDUCTED AN EXTERIOR ONLY VISIT, SITE VISIT OF THE PROPERTY, DIDN'T ENTER THE HOME, BUT WE'RE ON THE OUTSIDE OF, OF THAT PROPERTY.
UM, AND, UM, THE RESULTS OF THAT IN INSPECTION, UH, THE CHIEF BUILDING OFFICIAL SENT THE PROPERTY OWNER MS HIT A LETTER CITING NUMEROUS VIOLATIONS OF CHAPTER 1544 OF THE BENBROOK MUNICIPAL CODE, INCLUDING THAT THE STRUCTURE WAS UNSECURED SO IT PEOPLE COULD, OR ANYBODY COULD WALK IN AND OUT OF THE BUILDING INCURRING IN, UH, IN VERMAN.
AND THIS TYPE OF THING COULD EASILY GET INSIDE THE STRUCTURE.
ON APRIL 28TH, 2023, UM, AFTER WE RECEIVED A WARRANT FROM THE MUNICIPAL COURT JUDGE TO ENTER AND SECURE THE HOUSE, UH, THE CHIEF BUILDING OFFICIAL AND THE ASSISTANT FIRE CHIEF, UH, ENTERED THE PROPERTY, UH, THE SITE ITSELF AND THE CHIEF BUILDING OFFICIAL INSPECTED THE HOME.
THE FIRE CHIEF, UH, STAYED OUT, OR THE ASSISTANT FIRE CHIEF STAYED OUTSIDE.
UM, AND FOLLOWING THAT, THE BENBROOK STREETS DEPARTMENT ACTUALLY SECURED THE HOME.
UM, LATER THAT DAY, AFTER THE CBO, UH, THE CHIEF BUILDING OFFICIAL DID HIS, UH, I GUESS, TOUR OF THE HOME OR THE SITE VISIT ITSELF, HE FOUND A DETERMINED THAT THE STRUCTURE AT 1 0 4 COSBY STREET SOUTH, AND IT'S THE HOME, AND THERE'S THREE OUTBUILDINGS, UH, ALL THOSE BUILDINGS TO BE SUBSTANDARD BUILDINGS IN VIOLATION OF CHAPTER 1544, DANGEROUS AND SUBSTANDARD BUILDINGS.
TITLE 15 OF THE MEMBER OF MUNICIPAL CODE, UM, UH, FOR THE FOLLOWING, UH, REASONS.
SO WE HAD SOME SEVERE FOUNDATION DAMAGE WITH THE HOME ITSELF, UH, DILAPIDATED, UH, BRICK FACADE, A LOT OF VERMIN INFESTATION, UH, MISSING DRYWALL, UH, LOOKS LIKE THERE WAS SOME TAMPERING WITH THE ELECTRICAL METER SOCKET, UH, BROKEN WINDOWS, UM, HOLES IN THE FASCIA, SOFFIT, UH, MISSING SHINGLES, DAMAGED ELECTRICAL WIRING, AND JUST SEVERE DILATED AND COLLAPSED BUILDINGS IN THE BACKYARD.
AND I'VE GOT SOME PHOTOGRAPHS OF THAT.
SO THIS IS THE SITE PHOTOS FROM APRIL 19.
AND AGAIN, THESE WERE TAKEN FROM THE EXTERIOR OF THE HOME, ALTHOUGH SOME OF 'EM YOU CAN SEE INSIDE, UH, BUT THEY WERE TAKEN FROM THE OUTSIDE OF THE, UH, BUILDING.
WE CAN SEE LIKE THE, THE BRICK MOVING AWAY FROM THE HOME ITSELF.
UH, THESE ARE PHOTOS THAT WERE TAKEN ON APRIL 28TH INSIDE THE HOME.
A LITTLE HARD TO SEE, BUT THERE'S SOME PRETTY SIGNIFICANT CRACKING IN THE FOUNDATION.
UM, YOU CAN SEE A LOT OF THE DRYWALL IS JUST MISSING.
I MEAN, IT'S, IT'S PRETTY TORE UP AND SO IT HASN'T BEEN OCCUPIED FOR SOME TIME, AND THERE'S A LOT OF ISSUES ASSOCIATED WITH THE, THE HOME ITSELF.
UM, KIND OF HARD TO SEE, BUT THERE'S, HERE, THERE'S THREE DIFFERENT BUILDINGS IN THE BACKYARD THAT ARE, THEY'RE ALL IN, IN PRETTY ROUGH SHAPE.
SO, UH, UH, THE, THE BUILDING OFFICIAL AS DEEMED THESE AS SUBSTANDARD AS WELL.
SO IT'S THE HOUSE AND THESE THREE OUTBUILDINGS.
AND, UH, THIS IS, UH, THE OUTSIDE OF THE HOME.
AND WHERE WE HAD THE, I GUESS THE BUILDING POSTED, I INCLUDED THOSE POSTINGS.
SO ON APRIL EIGHT, 28TH OF 2023, UM, THE CBO AND MYSELF, THE ASSISTANT CITY MANAGER, WE ACTUALLY SPOKE WITH, UH, THE PROPERTY OWNER, UH, MS. ICK ON THE PHONE REGARDING THE CONDITION OF THE PROPERTY.
UH, ONCE AGAIN, UH, SHE INDICATED SHE WAS WORKING WITH CONTRACTORS AND WOULD BE SUBMITTING PERMITS FOR THE NECESSARY REPAIRS.
AND REALLY THE GIST OF THE CONVERSATION THAT MYSELF AND THE CHIEF BUILDING OFFICIAL HAD IS, HEY, WE, WE JUST WANT TO GET THE PROPERTY, UH, CLEANED BACK UP.
UH, WE EXPLAINED THIS PROCESS AND, UM, IF WE WENT TO THE APPEALS COMMISSION, WE'D BE REQUESTING AN ORDER TO HAVE THE HOME RAISED.
IT WAS PRETTY CLEAR TALKING WITH THE PROPERTY OWNER THAT SHE WANTED TO FIX THE PROPERTY, SHE'D REPEATEDLY SAID THAT SHE IS GONNA FIX THE PROPERTY.
SO WE STRESS THE IMPORTANCE OF, HEY, IF, IF YOU'RE GONNA SUBMIT PERMITS, WE NEED TO GET THIS TO HAPPEN.
UM, BETWEEN APRIL 28TH AND JULY 10TH, NOTHING CAME IN.
SO WE, UH, WE KNEW WE HAD TO MOVE FORWARD, AND SO WE WENT AHEAD AND SCHEDULED THE APPEALS COMMISSION HEARING FOR THIS ITEM FOR JULY 25TH.
AND ON JULY 10 OF THAT SAME YEAR, WE SENT NOTICE, UH, OF THIS MEETING TO, UH, MS. ICK VIA CERTIFIED MAIL AND EMAIL.
[00:10:01]
UM, AND I, I DID HAVE A CONVERSATION WITH HER AFTER THAT.SO I KNOW SHE, SHE DID RECEIVE THE EMAIL THAT TURNED OUT THE CERTIFIED MAIL.
SHE HAD A DIFFERENT MAILING ADDRESS.
YOU MAY RECALL, DURING THE NIGHT OF THE 25TH, SHE SAID SHE HAD A DIFFERENT ADDRESS.
UM, AND THEN ON JULY 25, OBVIOUSLY WE HELD THE APPEAL APPEALS COMMISSION MEETING.
BUT BECAUSE, UM, THE POLICY THAT THE APPEALS COMMISSION HAS, SHE HAD THE RIGHT TO HAVE FIVE MEMBERS ACT ON HER, UH, ITEM.
AND SINCE WE ONLY HAD FOUR, UM, SHE MADE A REQUEST FOR A CONTINUANCE, WHICH THE, UH, APPEALS COMMISSION GRANTED, WHICH MOVED IT TO THIS EVENING, AUGUST 22ND.
UM, THE DAY AFTER THAT HEARING ON JULY 26TH, UM, STAFF SENT NOTICE OF THE RESCHEDULED PUBLIC HEARING DATE AND, UH, FURTHER RECOMMENDED, UH, TO THE PROPERTY OWNER THAT SHE SUBMIT A REPAIR PLAN DETAILING THE SCOPE OF THE WORK AND THE TIMEFRAME NEEDED TO COMPLETE THAT.
AND IT'D BE A GREAT IDEA IF SHE ACTUALLY GOT A BUILDING PERMIT SUBMITTED.
AND WE STARTED THAT PROCESS TO REALLY SHOW A GOOD FAITH EFFORT.
WHEN WE CAME BACK TO THE, THE HEARING THIS EVENING, UM, ON AUGUST 15TH, UM, OUR, UH, BUILDING OFFICIAL SANDRA LENE DID RECEIVE A PHONE CALL FROM TONY MOORE, WHO I UNDERSTAND IS THE CONTRACTOR, UM, REPRESENTING, UM, UH, MS, UH, ICK.
AND, UH, THEY TALKED ABOUT THAT REPAIR PLAN AND THE PERMITTING PROCESS.
AND, UH, THEY ACTUALLY AGREED TO MEET THE FOLLOWING DAY HERE AT CITY HALL TO GO OVER THE SUBMITTAL PROCESS.
UH, BUT MR. MOORE DID NOT SHOW UP TO THAT MEETING.
UM, AND TO DATE, UM, THIS REPORT AND POWERPOINT WAS COMPLETED ON FRIDAY.
UH, WE HADN'T RECEIVED ANYTHING.
I CONFIRM, CAN CONFIRM WE HAVEN'T RECEIVED ANYTHING TODAY EITHER.
UH, I DID HAVE AN OPPORTUNITY TO SPEAK WITH, UH, THE PROPERTY OWNER, MS. ICK, UM, EARLIER THIS AFTERNOON AND REMINDED HER OF THE, THE MEETING.
UM, AND, UH, SHE INDICATED THAT, UH, SHE WAS UPSET, UH, WITH THE WHOLE CITY PROCESS AND, UM, UH, MENTIONED TO ME THAT, HEY, I'M JUST GONNA GO AHEAD AND, AND, AND TAKE THE BUILDING DOWN, UH, RAISE IT HERSELF.
AND, AND I COMMENT, IF, IF THAT'S THE DIRECTION YOU'D LIKE TO GO, I'D APPRECIATE IT IF YOU'D SEND ME AN EMAIL AND YOU MAY NOT EVEN HAVE TO COME TO THE MEETING TONIGHT, I CAN RELAY THAT TO THE BOARD.
AND, UH, SHE SAID SHE'D MAKE A DECISION AND, UH, LATER, UM, TO SEND THE EMAIL OR SHE WOULD BE HERE.
I JUST WENT AND CHECKED BEFORE THE MEETING STARTED RIGHT AFTER THE WORK SESSION.
AND, AND SHE'S NOT HERE THIS EVENING AS I CAN, AS YOU CAN ALL SEE.
SO WE DON'T HAVE ANY UPDATED PLANS.
UM, AND SO WITH THAT, UM, WHAT I WANNA DO AT THIS POINT IN TIME IS KIND OF WALK THROUGH, UH, SECTION 1540 0.060, UH, IN TERMS OF THE PUBLIC HEARING AND KIND OF WHAT THE HEARING PROCESS IS ABOUT, AND THE DIFFERENT THINGS THAT WE NEED TO MAKE SURE THE CHECK BOXES THAT ARE BEING COMPLETED IN ORDER TO MOVE FORWARD WITH THE ABATEMENT ORDER.
SO THE FIRST, UH, STEP IN THE PROCESS IS COMMENCEMENT OF THE PROCEEDINGS.
AND REALLY WHAT THAT COMES DOWN TO IS THAT OUR CHIEF BUILDING OFFICIAL, UH, DETERMINES THAT THE DWELLING UNIT OF THE HOME AT 1 0 4 COS COSBY STREET SOUTH, IS SUBSTANDARD.
AND, UM, WE WOULD HAVE TO SET UP A PUBLIC HEARING, WHICH WE SCHEDULED INITIALLY FOR JULY 25.
AND THAT WAS POSTPONED TO, UM, TONIGHT, AUGUST 22ND.
AND SO WE'VE GONE DOWN THAT PROCESS.
WE DID PROVIDE A NOTICE TO THE PROPERTY OWNER, UH, BY THE, UH, MUNICIPAL CODE.
WE'RE ALSO SUPPOSED TO REACH OUT TO THE, UH, MORTGAGE HOLDER AND ANY LIEN HOLDERS THAT ARE ASSOCIATED WITH THE PROPERTY.
SO IN YOUR PACKET TONIGHT, WE DID, UH, UH, ASKED FOR A TITLE OPINION.
WE REACHED OUT TO A TITLE COMPANY AND THEY DID A, A TITLE WORK FOR US.
AND IT DOES SHOW, UH, MS. ICK AS THE SOLE PROPERTY OWNER, AND THERE ARE NO, UH, MORTGAGE HOLDERS AND THE SOLE LIEN HOLDER IS THE CITY.
AND THAT'S PRIMARILY, UM, ABATEMENT OF TALL GRASS AND WEEDS.
AND SO, UM, IN TERMS OF THE NOTICE, WE DIDN'T HAVE TO NOTICE ANYBODY BUT, UM, THE PROPERTY OWNERS SINCE THERE WAS NO MORTGAGE HOLDERS, AND OBVIOUSLY THE CITY'S AWARE OF THAT.
UM, THE NEXT STEP THAT WE COME TO IS, IS BURDEN OF PROOF.
AND THE WAY THE, UH, SECTION 1540 0.060, UH, SPELLS OUT BURDEN OF PROOF, IT FALLS ON THE HOMEOWNER OR THE PROPERTY OWNER.
SO THEY HAVE TO DEMONSTRATE OR ESTABLISH, UH, THE SCOPE OF WORK REQUIRED TO COMPLY WITH CITY REGULATIONS.
SO THE BUILDING OFFICIAL HAS DECLARED IT SUBSTANDARD, UM, AND WE WE'LL WALK THROUGH THAT IF, UM, AND THE BURDEN OF PROOF IS ON THE PROPERTY OWNER TO SHOW THAT IT'S ACTUALLY IN COMPLIANCE.
AND SO IF THEY'VE GOTTA GET A PERMIT TO MAKE, UH, REPAIRS, THOSE KIND OF THINGS, THEY HAVE TO PROVIDE THAT.
AND THEY ALSO HAVE TO HAVE A TIMEFRAME NEEDED TO COMPLETE THE WORK.
AND SO AGAIN, THAT BURDEN OF PROOF FALLS ON THE PROPERTY OWNER.
UM, AND THEN WE COME TO THE ACTUAL HEARING ITSELF.
[00:15:01]
UM, IN SHORT, THE HOMEOWNER AND ANY OTHER INTERESTED PARTIES, UH, MAY BE HEARD.AND BASED ON THAT EVIDENCE THAT'S PRESENTED AND RECEIVED, UM, ALL OF THAT CAN BE CONSIDERED BY THE COMMISSION.
SO WHAT'S IN YOUR PACKET? MY PRESENTATION TONIGHT.
IF THE APPLICANT WAS HERE OR WHATEVER WAS PRESENTED THERE AND ANYBODY ELSE THAT WANTED TO SPEAK, ALL OF THAT WOULD BE PART OF THE RECORD.
UM, FOLLOWING THAT, IF WE MOVE ON TO SECTION 15.4 0.070, THE ORDER OF THE APPEALS COMMISSION.
AND THERE IS A DRAFT ORDER IN YOUR, UH, PACKET.
I BELIEVE IT'S LABELED AS ATTACHMENT SEVEN.
IT'S THE VERY LAST FOUR PAGES OF YOUR PACKET.
AND AS I MENTIONED IN THE, UH, PRE-SESSION, THE WORK SESSION, THERE IS A, A TYPO ON PAGE THREE, AND I'VE HIGHLIGHTED THAT, UM, WHERE WE SHOULD HAVE A COMMA, UM, ON ITEM NUMBER FIVE, AFTER THE WORD SPECIFIED, A COMMA BETWEEN SPECIFIED AND IN.
AND THEN, UH, THE DATE OF THE ORDER ITSELF, I HAD INADVERTENTLY LEFT JULY 25 FROM THE FIRST MEETING, AND IT OBVIOUSLY NEEDS TO BE UPDATED TO THIS EVENING.
SO THAT'S THE ONLY TWO CORRECTIONS, UM, FROM WHAT WAS IN YOUR PACKET.
AND SO AS PART OF THAT ORDER, UM, THE COMMISSION IS REQUIRED TO HAVE FINDINGS.
SO BASED ON THE EVIDENCE THAT WAS PRESENTED, UM, YOU MUST FIRST DETERMINE WHETHER OR NOT THE, UH, BUILDING IS INDEED IN VIOLATION OF THE CITY STANDARDS.
SO THAT WAS BASED ON THE INFORMATION PROVIDED BY THE CBO AND THE PHOTOGRAPHS THAT WERE PRESENTED TONIGHT.
AND IF THE MAJORITY OF THE COMMISSION FINDS THAT THE BUILDING IS IN VIOLATION, IT'S SUBSTANDARD, UH, THE COMMISSION MAY ORDER THAT THE BUILDING BE ONE OF THREE RINGS, UH, REPAIRED, REMOVED, OR, UH, DEMOLISHED.
SO THOSE ARE THE THREE OPTIONS THAT ARE BEFORE, UH, THE COMMISSION THIS EVENING.
UM, THERE IS ANOTHER SECTION THERE THAT IF THE BUILDING'S OCCUPIED, UM, YOU CAN ORDER TO HAVE THE BUILDING VACATED, BUT THAT'S A NON-ISSUE.
IT HASN'T BEEN OCCUPIED FOR SOME TIME AND THAT IT HASN'T BEEN CONTESTED.
UH, THE NEXT THING WE GET INTO AFTER THE FINDINGS IS TIME ALLOWED TO COMPLETE THE WORK.
SO IF WE DID HAVE A REQUEST TO REPAIR THE BUILDING, UH, THE WAY THE CODE IS SET UP, IT GIVES THEM 30 DAYS FROM THE TIME THEY WERE TO PULL A PERMIT TO EITHER REPAIR IT, PULL A PERMIT TO HAVE IT MOVED AND, AND PHYSICALLY MOVE THE HOME OR PULL A PERMIT TO HAVE IT DEMOED.
THEY'VE GOT 30 DAYS IN WHICH TO GET THE PERMIT AND, AND COMPLETE THE WORK.
UM, THE OWNER, UH, COULD ASK FOR MORE TIME.
AND BASED ON THE INFORMATION PRESENTED, UH, YOU COULD AS A BOARD GRANT ADDITIONAL TIME IF YOU FELT, UH, IT WAS, UH, WORTHY AND NEEDED.
UM, HOWEVER, IF THE, UH, COMMISSION WERE TO GRANT MORE THAN 30 DAYS, THEN THEY HAVE TO HAVE SOME SPECIFIC TIMEFRAMES PUT IN PLACE.
AND THEN, UH, FINALLY THE, UH, CONTENTS OF THE ORDER, UH, THE ORDER OF THE COMMISSION MUST CONTAIN, UH, IDENTIFICATION OF THE BUILDING OR PROPERTY, WHICH WE DO HAVE IN THE ORDER.
UH, WE LIST THE ADDRESS AS WELL AS THE LEGAL DESCRIPTION, A DESCRIPTION OF THE VIOLATION, WHICH WE SPELL OUT IN DETAIL.
UM, A DESCRIPTION OF THE ORDER, UH, ACTIONS INCLUDING THE STATEMENT THAT THE OWNER MAY REPAIR IF FEASIBLE, DEMOLISH OR REMOVE AT HER OPTION.
AND A STATEMENT THAT, UH, THE CITY, UH, WILL VACATE, SECURE, REMOVE AND DEMOLISH THE BUILDING IF ORDERED TO TAKE ACTION IS NOT TAKEN WITHIN A TIME ALLOWED.
SO IN OTHER WORDS, AFTER 30 DAYS, IF SHE HASN'T COMPLETED ONE OF THOSE THREE OPTIONS, UH, THE CITY THEN CAN ACT, UH, TO HAVE THE BUILDING, UH, DEMOLISHED.
UM, AND THEN FINALLY, IF THE COMMISSION HAS DETERMINED THAT THE BUILDING WILL ENDANGER PERSONS OR PERSONS, UM, THIS REALLY HAS TO DO WITH OCCUPANCY.
SO WHILE THIS IS SOMETHING THAT IS CONTAINED IN THE REGULATION, IT'S NOT SOMETHING THAT'S APPLICABLE.
SO I, I WILL LEAVE IT AT THAT AND I WILL CONCLUDE MY PRESENTATION AND BE HAPPY TO ANSWER ANY QUESTIONS THAT, UH, THE COMMISSION MAY HAVE.
IS, IS THE ORDER IN ITS REVISED FORM THAT WAS PROPOSED, UM, COMPLETE AND COMPLIANT, UH, WITH ALL REQUIREMENTS AND THE ORDER THAT IS RECOMMENDED BY THE CITY? IT IS, YES.
WHAT ELSE? HAVE ANY QUESTIONS FOR MR. UCK OR WHILE HE HAS THE PODIUM? THANK YOU SIR.
ALRIGHT, I'M GOING TO OPEN IT UP FOR A, THE RESPONDENT TO SPEAK IF ANYONE WOULD LIKE TO SPEAK ON THE PROPERTY BEHALF OF THE PROPERTY OWNER'S BEHALF.
UM, SO I'M GOING TO OPEN IT UP FOR DISCUSSION AMONGST THE MEMBERS.
[00:20:05]
THE SOLE, THIS HOUSE IS IN MY NEIGHBORHOOD AND I HAVE WATCHED IT DETERIORATE FOR PROBABLY ABOUT FIVE YEARS NOW, AND I DON'T, UM, I BELIEVE THAT BY HER NON-APPEARANCE TONIGHT, SHE'S UNABLE TO SUBMIT A PLAN AND DO THE REPAIRS THAT WOULD BE NEEDED.WELL, I WILL SAY THAT, UM, AS THE APPEALS COMMISSION, WE HAVE TO MAKE A DECISION BASED ON THE EVIDENCE THAT HAS PRESENTED, UH, BEFORE US TONIGHT.
AND, UM, YOU ARE ALL PRESENT FOR THE EVIDENCE THAT HAS BEEN PRESENTED HERE TODAY.
SO, UM, WITH THE EVIDENCE, ANYBODY WOULD LIKE TO MAKE A MOTION, GOD BLESS YOU.
I MOVE THAT THE COMMISSION, UM, DEMOLISHES THE PROPERTY AFOREMENTIONED.
I WOULD LIKE TO, IF WITH YOUR PERMISSION, MAKE A, A FRIENDLY AMENDMENT.
UM, FIRST I WOULD LIKE THE COMMISSION TO FIND, OR AT LEAST I WOULD PROPOSE THAT THE COMMISSION FINDS THAT THE PROPERTY, UH, AS IDENTIFIED HEREIN AS 1 0 4 COSBY STREETS, UH, SOUTH BENBROOK, TEXAS, UH, LEGALLY DESCRIBED AS LOT A BLOCK EIGHT BENBROOK LAKESIDE EDITION FIRST REVISION, UH, BE FOUND TO BE IN VIOLATION, UH, OF CHAPTER 15.44, UH, OF THE BENBROOK MUNICIPAL CODE IE BEING DANGEROUS IN SUBSTANDARD BUILDING.
AND SECONDLY, WITH A FINDING OF THAT, UH, THAT I MOVE THAT WE ADOPT THE REVISED ORDER THAT WAS PROVIDED TO US THIS EVENING, UH, WHICH IS REVISIONS TO THE ONE THAT WERE IN THE PACKET, UH, WHICH DO OUTLINE WHAT MR. HIN ROCKER HAS SET FORTH AS THE PURPO PROPOSED ORDER, UH, THAT WOULD SATISFY THE REQUIREMENTS THAT THE CITY HAS IN THIS MATTER TO MOVE FORWARD, UM, TO ADDRESS THIS BUILDING.
DO I HAVE A SECOND? SO I SECOND THE MOTION TO, UH, SORRY.
FIRST FIND THAT THE, TO FIND THE BUILDING AS UM, AND NON IN VIOLATION OF CHAPTER 15.44.
YES, IT IS IN VIOLATION OF CHAPTER 15.44 OF THE CITY CODE.
AND IN CONSIDERATION OF THAT, THAT WE DEMOLISH THE STRUCTURE AND ALL OTHER IMPROVEMENTS LOCATED AT 1 0 4 COSBY STREET, SOUTH BENBROOK, TEXAS 7 6 1 2 6 LEGAL D DESCRIBED AS BLOCK LOT A BLOCK B, NO, SORRY, BLOCK EIGHT BI CLICK SITE EDITION FIRST REVISION.
THE PROPERTY IS IN VIOLATION OF CHAPTER CHAPTER 15.44, DANGEROUS AND SUBSTANDARD BUILDINGS TITLE 15 OF THE BENBROOK MUNICIPAL CODE.
THE PROPERTY IS ZONED B ONE FAMILY DISTRICT AND WAS CONTINUED FROM THE JULY 25TH, 2023 APPEALS COMMISSION MEETING.
OKAY, SO MAY I RESTATE THAT AS A SECOND TO THE MOTION PENDING ON THE TABLE THAT THE BUILDING IS IN VIOLATION OF CHAPTER 15.44 OF THE BEN BRICK MUNICIPAL CODE.
AND IT IS THE RECOMMENDATION, UH, OR FINDING I SHOULD SAY, UH, OF THE APPEALS COMMISSION, THAT THE PROPOSED ORDER SUBMITTED IN THE ALTERNATIVE FORM BY THE CITY, UH, WILL BE APPROPRIATE AND, UH, EXECUTED.
GIVEN THAT WE NOW HAVE A MOTION, UH, AND A SECOND AT THIS TIME, I'M GOING TO CALL THE QUESTION.
[00:25:14]
ALRIGHT, THE MOTION CARRIES UNANIMOUSLY.UH, SO THE ORDER OF THE APPEALS COMMISSION OF THE CITY OF BENBROOK, TEXAS CONCERNING SUBSTANDARD BUILDING AT 1 0 4 COSBY STREET, SOUTH BENBROOK, TEXAS, UH, HAS BEEN APPROVED.
UM, ARE THERE ANY OTHER AGENDA ITEMS THAT NEED TO BE ADDRESSED BY THE APPEALS COMMISSION THIS EVENING? OKAY.
UH, BEFORE WE ADJOURN, I WOULD LIKE TO THANK THE MEMBERS OF THE BED BROOK POLICE DEPARTMENT FOR BEING PRESENT AT THE MEETING THIS EVENING.
UH, AND GIVEN THAT WE DO NOT HAVE ANY OTHER
[VI. ADJOURNMENT]
AGENDA ITEMS, UH, I WILL ADJOURN, UH, BOTH THE ZONING BOARD OF ADJUSTMENT AND THE APPEALS COMMISSION MEETINGS FOR TUESDAY, AUGUST THE 22ND, 2023.