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HomeMy WebLinkAbout1996-06-10fiIVA kyj m . = A. CITY OF ,• BUILDING MONDAY EVENING, JUNE 10, 1996, AT 6:30 P.M. COURT ROOM/COUNCIL CHAMBERS, #205 307 WEST DALLAS ROAD • • EVINE, TEXAS 0�i�l ;Rilkl►'I 9 A. BUILDING :••.t OF • CONDUCT HEARING RELATIVE TO BUILDING BOARD OF APPEALS CASE 96-07, • . LAKES OF SUBMITTED BY BUILDINGNEWPORT CLASSIC HOMES AND CONSIDERATION OF THE B. :••.D OF APPEALS TO CONDUCT A PUBLIC HEARING RELATIVE TO BUILDING BOARD OF APEALS CASE 96- 08, TO APPEAL REVOCATION OF REGISTRATION FOR TROPHY POOLS AND CONSIDERATION OF THE SAME. BUILDING ••.D OF • ! '. THE MINUTES OF THE MAY 13, 1996 MEETING .. ACCORDANCE .. GOVERNMENT .. CODE, CHAPTER 551.001 ET -....- • . ACTS OF THE 1993 TEXAS LEGISLATURE, THE BUILDING BOARD OF APPEALS MEETING . • • PREPARED --•-. • . D POSTED •.. • .. THIS THE 7TH DAY OF .. AT 5:00 _:0 P.M. 4 A jLING OFFICIAL SUPPLEMENTAL AGENDA CITY OF GRAPEVINE BUILDING BOARD OF APPEALS MEETING MONDAY EVENING, JUNE 10, 1996, AT 6:30 P.M. COURT ROOM/COUNCIL CHAMBERS, #205 307 WEST DALLAS ROAD GRAPEVINE, TEXAS II. OATH OF TRUTH IN ACCORDANCE WITH TEXAS GOVERNMENT CODE,A.- 551.001 ET SEQ, ACTS OF THE 1993 TEXAS LEGISLATURE, THE BUILDING BOARD OF APPEALS MEETING AGENDA WAS PREPARED AND POSTED ON THIS THE 7TH DAY OF •• . 0• P.11. STATE OF TEXAS COUNTY OF TARRANT CITY OF GRAPEVINE The Building Board of Appeals for the City of Grapevine, Texas, met in regular session, Monday, June 10, 1996 at 6:30 P.M., in the Conference Room, Room #204, 307 West Dallas Road, Grapevine, Texas with the following members present: Joe Lipscomb Chairman Art Gordon Member Catherine Cotter Smith Member Russell Kidd Member Tim Long Member Charles Bloomberg 1 st Alternate constituting a quorum. Also present was Council representative Roy Stewart, and the following City Staff: Scott Williams Building Official Kelly Prater Building Inspection Secretary NAM• •-� - Chairman Joe Lipscomb called the meeting to order at 6:35 P.M. Joe Lipscomb, Art Gordon, and Russell Kidd were sworn in to serve as regular Building Board of Appeals members by Kelly Prater, Building Inspection Secretary. Charles Bloomberg was sworn in to serve as a first alternate member of the Building Board of Appeals by Kelly Prater. The first item for the Building Board of Appeals to consider was BBA96-07 submitted by Mr. Tony Martin representing Newport Classic Homes Services who requested a variance for the property located at Lot 1 and 2, Block 1, Lakes of Williamsberg Addition and addressed as 2950 Mustang Drive. The request was to the City of Grapevine Code of Ordinances as follows: BBA MINUTES 6/10/96 Section 7-127(a), FRONT YARD REQUIREMENTS. (a) CORNER LOTS: It shall be unlawful to erect a fence in the required front yard building setback area or the established front yard area, whichever area is greater in depth, on any corner lot, except along the interior lot line in accordance with subsection (b). (b) Interior Lots: (1) It shall be unlawful to erect a fence, hedge or vines over thirty-six (36) inches in height in the required front yard area or the established front yard area, whichever area is greater in depth, on any interior lot. (2) It shall be unlawful to erect a fence, hedge or vines in the required front yard area or the established front yard area, whichever area is greater in depth, on any interior lot that does not have at least fifty (50) per cent through vision. (3) It shall be unlawful to maintain a fence, hedge, or vines in the required front yard area or an established front yard area, whichever area is greater in depth, of an interior lot in a manner that does not permit at least fifty (50) per cent through vision. (4) For the purpose of this section, "established front yard area" shall mean an open, unoccupied space on a lot facing a street and extending across the front of a lot between the side yard lines and extending from the abutting street a principal building or structure. The phrase "required front yard" shall have the meaning ascribed to it in the Grapevine Zoning Ordinance No. 82-73. The proposed variance would allow a six (6) foot tall wrought iron fence with an eight (8) foot tall gate and brick columns to be erected with fifty (50) per cent through vision in the required and established front yard along Mustang Drive as shown on the plot plan. Scott Williams, Building Official, explained the details of the request and added this type of perimeter "subdivision fence" is not unlike several similar fences the Board has approved in the past. The City of Grapevine Public Works Department had reviewed the plans and determined that the fence will not pose a visibility problem to traffic. 2 In addition, the Public Works Department was requiring this fence to be constructed between the ponds and the public right-of-way. Tony Martin explained the details of the case and was present to answer questions relative to the request. With no one else to speak for or against the request, Russell Kidd motioned to close the public hearing. Art Gordon seconded the motion which prevailed by the following vote: Ayes: Lipscomb, Gordon, Smith, Long, Kidd, and Bloomberg Nays: None Absent: Roberts After discussion, Art Gordon moved, with a second by Catherine Smith, to grant the variance to the City of Grapevine Code of Ordinances, Chapter 7, Article IV for Lots 1 and 2, Block 1, Lakes of Williamsberg Addition and addressed as 2950 Mustang Drive allowing a six (6) foot tall wrought iron fence with an eight (8) foot tall gate and brick columns to be erected with fifty (50) per cent through vision in the required and established front yard along Mustang Drive as shown on the plot plan. The motion prevailed by the following vote: Ayes: Lipscomb, Gordon, Smith, Long, Kidd, and Bloomberg Nays: None Absent: Roberts ii.� •Ti�eTi a;• ••, • •• • ••. The next item for the Building Board of Appeals to consider was the revocation of the contractors registration for Trophy Pools, owned by Mr. Larry Rodgers pursuant to Article 7-8, City of Grapevine Code of Ordinances. Mr. Rodgers had his contractors registration revoked on July 10, 1996 due to proceeding with the spraying of gunite over a failed pool steel inspection. Mr. Williams explained in detail the events leading up to the revocation, and noted that Mr. Rodgers had proceeded despite multiple warnings that he would have his registration revoked. Mr. Williams added the Board had the option of overturning, upholding, or modifying the decision to revoke the registration. K BBA MINUTES 6/10/96 Larry Rodgers was not present at the hearing. James Mason, Manager of Trophy Pools, was present to speak regarding the revocation. Mr. Mason apologized for Larry Rodger's behavior. He stated that the owner and management of Trophy Pools wanted to be registered in Grapevine where the company was located. Mr. Mason acknowledged that Larry Rodgers had made a poor decision, and that he had also "blown up" at City Staff. Mr. Williams stated Mr. Rodgers was less than pleasant to deal with, but the real issue was that he sprayed the gunite over a failed steel inspection. Mr. Williams elaborated on the sequence of events. Initially a red tag was issued because a plumbing inspection was requested and no plumbing permit had been obtained. The next day an electrical inspection was requested and electrical work had been performed and no electrical permit had been submitted. Mr. Williams further noted that prior to this pool, Mr. Rodgers built at least three (3) pools in Grapevine. The exact same situation occurred on two of the three: electrical and plumbing work was performed and inspections requested prior to obtaining a permit. On the third pool no electrical permit had been taken out when the inspection was requested. Mr. Mason indicated that Larry Rodgers could not appear before the Board due to illness. However, Mr. Mason stated that he felt that Mr. Rodgers was trying to oversee so many things at one time, he was having difficulty managing it all. Mr. Mason added that Trophy Pools was presently working with the City Manager of Grapevine, Trent Petty. Mr. Mason stated that "Mr. Petty loves us." Russell Kidd questioned if the gunite was sprayed over the failed inspection because it had already been ordered on May 25th. Mr. Kidd noted that this was a Thursday and the gunite could have been postponed until Friday. Mr. Mason replied that he believed the gunite was already on the way. "I think that's where Larry started looking at dollars instead of sense," stated Mr. Mason. Charles Bloomberg asked Mr. Mason if the customer was satisfied with the pool at the subject property. CEJ BBA MINUTES 6/10/96 Mr. Mason stated he had not talked to him in over a week. He added that when he saw the job it was nice. Mr. Bloomberg asked Mr. Mason what type of assurance Trophy Pools is providing the pool owner given the City's concern for the structural integrity of the pool. Mr. Mason answered the pool owner was given the same warranty as any other customer. There is a five (5) year warranty on all the equipment. There is a life time structural guarantee for holding water. Mike Quest, homeowner of the subject property, requested to speak to the Board. Mr. Quest spoke in detail regarding his dissatisfaction with Trophy Pools, and his difficulty in dealing with the owner, Larry Rodgers. Mr. Gordon asked why work continued after the stop work order was issued. Mr. Williams stated that he was faced with difficult options: He could require the homeowner to hire a new contractor, he could require the present contractor to tear out and replace the pool, or he could allow the homeowner to accept the pool "as is," with the understanding that no inspection was performed after the initial failed inspection. Mr. Quest stated that he signed a letter accepting the pool, with the understanding that no steel inspection had been made. Mr. Williams stated the decision was made to allow Trophy Pools to finish the pool. At that point, that was the only viable option. Mr. Mason stated that he did not know that the homeowner was having continued problems. He assured Mr. Quest that he would address his concerns. Then Mr. Mason stated that he did not feel that the failed inspection really had anything to do with the integrity of the pool. He noted that even after a pool passes an inspection, the Pool Builder could go back out and remove half the steel and then cover it up with gunite. Mr. Mason added that Mr. Williams was not the one building the pool, he was. "You are not responsible for that pool once it is done, we are," stated Mr. Mason. Mr. Williams stated he was responsible for inspecting it. With no one else to speak for or against the request, Greg Czapanskiy motioned to close the public hearing. Russell Kidd seconded the motion which prevailed by the �1 following vote: Ayes: Lipscomb, Gordon, Czapanskiy, Smith, Kidd, and Bloomberg Nays: None Absent: Roberts Chairman Lipscomb asked Mr. Williams about his feelings following the testimony. Mr. Williams noted that he could not make any comments about the employees of Trophy Pools. His dealings had been with the owner, Larry Rodgers. He stated that he still felt that Mr. Rodgers had no desire whatsoever to cooperate and comply with City Ordinances. The fact that two permits were submitted subsequent to the revocation of his registration, with the homeowner listed as the contractor, was pretty positive evidence that he has no intention of complying with Ordinances. Mr. Williams stressed that he did not want someone else to go through what these people had already gone through. Mr. Bloomberg noted that the Board's first responsibility has to be to the citizens of the community. "I don't think that I would be comfortable in doing much different than what the Building Official has requested," stated Bloomberg. Mr. Gordon stated that he felt the same way. "I feel that he was given every opportunity to comply with the ordinances of the City of Grapevine." "I strongly recommend that this Board carry out the recommendation of the City of Grapevine," stated Mr. Gordon. Mr. Kidd stated he felt that if this was important to Mr. Rodgers, he would have attended this meeting. After discussion, Catherine Smith moved, with a second by Russell Kidd, to uphold the revocation of registration for Trophy Pools pursuant to Article 7-8, City of Grapevine Code of Ordinances and the contractor may reapply for registration on April 27, 1997, and at that time the Building Official will consider reinstatement. The motion prevailed by the following vote: Ayes: Lipscomb, Gordon, Long, Smith, Kidd, and Bloomberg Nays: None Absent: Roberts 0 BBA MINUTES 6/10/96 Mr. Williams explained a partial Certificate of Occupancy has been issued at the Lincoln Vineyards project. NTN Bearing, Grapevine Distribution, Neostar, I.D.I. are all industrial sites that are going up. Roy Stewart noted that the ground breaking for the Grapevine Mills Mall is set for June 26, 1996. The Building Board of Appeals considered the minutes of the May 13, 1996 meeting. Russell Kidd motioned to approve the minutes of the May 13, 1996 meeting. Catherine Smith seconded the motion which prevailed by the following vote: Ayes: Lipscomb, Gordon, Long, Smith, Kidd, and Bloomberg Nays: None Absent: Roberts With no further discussion, Russell Kidd made a motion to adjourn. Catherine Smith seconded the motion which prevailed by the following vote: Ayes: Lipscomb, Gordon, Long, Smith, Kidd, and Bloomberg Nays: None Absent: Roberts The meeting adjourned at 7:50 P.M. PASSED AND APPROVED BY THE BUILDING BOARD OF APPEALS OF THE CITY OF GRAPEVINE, TEXAS, ON THE 12TH DAY OF AUGUST, 1996. SECRETARY INA , •♦ CHAIRMA