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03-18-2010 (Construction Code) Minutes Construction Code Board CITY OF WYLIE - -q— Minutes Construction Code Board Thursday, March 18, 2010 —7:00 pm Wylie Municipal Complex— Council Chambers 2000 Highway 78 North CALL TO ORDER Announce the presence of a Quorum. Chairman, Ronald Hauck called the meeting to order at 7:07 p.m. with the following Construction Code Board Members present: Ronald Hauck, Allen Morris, Zachary Herrera, Bryan Rogers, Brian Huddleston, Kevin Thompson, and Billy McClendon. Staff present was: Building Official, Mike McAnnally; Code Enforcement Officer, Pat Mitchell; Code Enforcement Officer (Board Secretary), Wendy Young; Chief Building Inspector Todd White; City Attorney, Claire Swann. CITIZENS COMMENTS ON NON-AGENDA ITEMS Residents may address Construction Code Board regarding an item that is not listed on the Agenda. Residents must provide their name and address. Construction Code Board requests that comments be limited to three (3) minutes. In addition, Construction Code Board is not allowed to converse, deliberate or take action on any matter presented during citizen participation. There were no citizens present to address the Construction Code Board during Citizens' Comments. BUSINESS ITEMS The Construction Code Board should consider, and act upon the following: 1. The Minutes from the February 25, 2010 Construction Code Board meeting. Board Action Board Member Allen Morris made a motion to accept the Minutes, seconded by Bryan Rogers. A vote was taken and the motion passed 7-0. Minutes—March 18, 2010 Construction Code Board Pagel 2. 701 S. Hwy 78. Application of Dr. Thota & Susan Distelhorst for a variance to the sign regulations prohibiting off-premise signs, requiring certain materials be used in the construction of the sign, requiring certain materials be used in the construction of the sign base, and requiring 100 foot spacing from an existing monument sign. Staff Discussion Building Official Mike McAnnally addressed the Board and stated that staff recommends the denial of the variance without prejudice. The denial would be for the current sign permit request and would allow the applicant to reapply in the future. The land that Founders Plaza purchased, with their plat, acquired an access egress easement behind Brookshire's. There are no provisions for a sign anywhere. Currently, the Code prohibits off-premise signs. There were 2 signs proposed for a sign and different intervals. The original sign was a concrete block single-tenant sign on the easement, which was denied for the following reasons: Off—premises signs are not allowed. A variance was applied for and a new permit application and plans were submitted and denied for the following reasons: • The specified Molded Expanded Polystyrene is not a permitted sign construction material for a new monument sign at the proposed location. • The specified Molded Expanded Polystyrene is not a permitted sign construction material for a new monument sign base. • Off—premises signs are not allowed. • This is an encroachment of less than 100 linear feet to an existing electronic monument sign displaying pricing for Brookshire's fuel station generally located to the north of where the proposed sign would be located. In order to approve a request for a variance, the construction code board shall determine that the request meets three of the following four criteria: 1. The proposed sign shall not adversely impact the adjacent property (visibility, size, location, etc.); In the opinion of staff, the applicant has failed to provide any information that shows the proposed sign will not adversely impact the adjacent property. It is in City staffs opinion that it will adversely impact adjacent property because adding an additional sign on the proposed street frontage will create additional visual clutter. Furthermore, it may create additional traffic hazards since motorists will have to read signs that will be located within 100 feet of one another. Focusing on multiple signs located close together may distract motorists. The proposed sign will also be relatively low to the ground, which may make reading the sign difficult and create further traffic hazards (i.e. motorist braking). Minutes—March 18, 2010 Construction Code Board Page2 2. The proposed sign does not conflict with the spirit of this article, which is one of providing public safety, open space and air, preservation and enhancement of the appearance of the city and protection of property values; In the opinion of staff, the applicant has failed to demonstrate how the sign does not conflict with the spirit of this article, which is one of providing public safety, open space and air, preservation and enhancement of the appearance of the city, and protection of property values. City staff was willing to support the variance request that would have allowed Founders Plaza to rebuild the current existing Brookshire's sign and turn it into a multi- tenant sign. This would have preserved the look of the Brookshire's lot and allow the existing Brookshire's sign to be preserved and enhanced, thus enhancing the appearance of the city and protecting property values. Instead, the applicant wants to place an additional monument sign along the street frontage. This will add visual clutter and decrease the amount of open space and air, which is in direct conflict with the spirit of the article. Furthermore, adding an additional sign in close proximity to other monument signs will threaten public safety because motorists will have more difficulties reading the signs, which may distract them from driving, or require them to brake if they failed to turn before the sign. The proposed Molded Expanded Polystyrene construction material warrants concern for increased negative appearance for our city at one of our gateway locations due to the material inability to stand against prolonged adverse exposure to weather, direct sunlight, temperature extremes, storm damage, and other wind borne projectiles in an exterior location. 3. The variance is needed due to restricted area, shape, topography or physical features that are unique to the property on which the proposed sign would be located; In the opinion of staff, the property where Founders Plaza Nursing Rehabilitation is located has restricted physical features that are unique to the property on which the proposed sign will be located There is an access easement that connects the Founders Plaza Nursing Rehabilitation lot to SH 78 S. Although people will be accessing Founders Plaza Nursing Rehabilitation through the Brookshire's parking lot, the lot does not extend to SH 78 S. This easement can be viewed as a physical feature that is unique to the property on which the proposed sign will be located. 4. The proposed sign is of a unique design or configuration. In the opinion of staff, the Molded Expanded Polystyrene is not a suitable construction material for any exterior sign structure exposed to the elements and damage from external impacts. The applicant has failed to properly demonstrate that the proposed sign has a unique design or configuration. They have not proposed a unique design or configuration; the sign is a Minutes—March 18, 2010 Construction Code Board Page3 ground level monument sign that looks like most other typical monument signs within the City of Wylie. To the contrary, the proposed construction material has not been allowed in any other exterior monument sign and could be considered as a sub-standard material for sign structures. Building Official McAnnally stated that on December 3, 2009 an application was submitted and rejected on the very same day because it was an off- premise sign. A variance application was applied for and paid for. Then on March 3, 2010 a new application was submitted with the attachments submitted several days later. The documentation notes that the sign plans were not generated until March 6, 2010. A letter of rejection was sent on March 10, 2010. Susan Distelhorst, Ms. Distelhorst provided the Board Members with a 24 page bound handout that was utilized for detailed discussion regarding the position of Founders Plaza Nursing and Rehabilitation and the sign variance request. She stated that they are landlocked and there is only one driveway in and one driveway out. It is extremely important that there is sufficient signage. This process started in December of 2009. The permit was originally denied. A letter received from Brookshire's states that they were not interested in combining signage. After the first of this year, the city was supplied with a lease agreement from Brookshire's. At that time, she was told that a sign proposal needed to be attached to it even if it wasn't going to be used. We believe that this request meets the following 3 criteria: 1. The proposed sign shall not adversely impact the adjacent property (visibility, size, location, etc.) 2. Founder's Plaza proposed sign does not conflict with the spirit of this Ordinance which is one of providing public safety, open space and air, preservation and enhancement of the appearance of the City and protection of property values. 3. The variance is needed to restricted area, shape topography or physical features that are unique to the property on which the proposed sign will be located. Board Action Bryan Rogers made a motion to approve the variance with the following conditions: • Amend the current sign permit application • Engineered drawings completed by a designed professional, • Comply with code required construction materials, • Tie signage to specific property and location so that sign cannot be used elsewhere. Minutes—March 18, 2010 Construction Code Board Page4 The motion was seconded by Billy McClendon. A vote was taken and motion passed 7-0. 3. 340 Hooper Road. Application of Pastor Steve Foster of New Heights Baptist Church, for a variance to monument sign maximum width requirements. Staff Discussion Building Official McAnnally stated that the Board approve the variance. This variance approval would be for only one of the three a 23' 6 wide sign structure in lieu of the ordinance allowance of a maximum 8' in width. The proposed sign shall not adversely impact the adjacent property (visibility, size, location, etc.). He stated the following: 1. As installed, the sign does not impact adjacent property or potential projects at adjacent properties. 2. The proposed sign does not conflict with the spirit of this article, which is one of providing public safety, open space and air, preservation and enhancement of the appearance of the city and protection of property values; This erected sign is aesthetically pleasing from the street and should enhance the appeal to the primarily commercial area that is zoned for Light Industrial. 3. The variance is needed due to restricted area, shape, topography or physical features that are unique to the property on which the proposed sign would be located; The increase in width dimension aids in visibility from not only Hooper but the street improvements for Hensley and Woodbridge Parkway to the southeast. 4. The proposed sign is of a unique design or configuration. The width of 23' 6" is a design element that makes this erected sign compliment the building construction and emphasizes a majestic statement in alignment with the type of occupancy. Board Action A motion was made by Ronald Hauck to approve the variance as requested, seconded by Allen Morris. A vote was taken and passed 7-0. 4. 914 Marble Creek Drive. Emergency Secure at 914 Marble Creek Dr. as per Ordinance 2008-49 Sec. 22.211(n) (1). Staff Discussion Code Enforcement Officer Pat Mitchell stated that Code Enforcement received a complaint on March 5, 2010 that this house was vacant and the house was left Minutes—March 18, 2010 Construction Code Board Page5 unsecure/open. Code Enforcement arrived and contacted the Police Department to clear the house before an inspection was made inside the house. The owner/residents had vacated the property and did, in fact, leave the house open. The house was boarded up on March 9, 2010. Board Action Board Member Billy McClendon made a motion to find that the structure at 914 Marble Creek Dr. constitutes a dangerous structure under Chapter 22 of the Wylie Code of Ordinances and that the Building Official's securing of the structure was necessary to prevent the immediate danger to health, life, or safety caused by the structure, seconded by Allen Morris. A vote was taken and passed 7-0. 5. 508 E Stone Road. Determining whether structures located on the property qualify as Dangerous Buildings in violation of standards set out in Ordinance 2008-49 DANGEROUS BUILDINGS of the City of Wylie,Texas; and considering and acting upon an order that the building be vacated, secured, removed, or demolished. Staff Discussion Code Enforcement Officer Pat Mitchell stated that a fire took place at this residence on July 30, 2009. All utilities were pulled by the Fire Department. Many complaints were received about this structure. The owners said they were under litigation with their insurance company. A notice was mailed to the owners concerning the Dangerous Structure. Kieu Tran, Ms. Tran stated that she would like to request a 60 day extension. She stated that she received a quote from Longhorn Demolition and is going to take care of the demolition of the house. Board Action Bryan Rogers made a motion that the house be secured within 48 hours, if not secured within the time frame given, the City will board up structure. Also, secure a demolition permit within 90 days. The motion seconded by Billy McClendon. A vote was taken and the motion passed 7-0. 6. 200 S 2nd Street. Determining whether structures located on property qualify as Dangerous Buildings in violation of standards set out in Ordinance 2008-49 DANGEROUS BUILDINGS of the City of Wylie,Texas; and considering and acting upon an order that the building be vacated, secured, removed, or demolished. Staff Discussion Minutes—March 18, 2010 Construction Code Board Page6 City Attorney, Claire Swann read the previous Final Order into the Minutes from the February 25, 2010 hearing. Code Enforcement Officer Pat Mitchell explained that this has been ongoing for over 3 years. She stated that the house has been monitored by Code Enforcement over the past few weeks. Many items at this house have just simply been moved around from here to there. Ms. Reynolds did have a garage sale. On March 16, 2010 an inspection was made on the interior and exterior of the house. The environmental conditions of the house are very bad, lots of evidence of mice infestation. She explained that there is still harborage, clutter, and debris at the house. There is a POD at the location as of this day, March 18, 2010. Chief Building Inspector, Todd White explained the conditions of the house in regards to the structural damage, plumbing, electrical, and mechanical problems. This includes, exposed electrical throughout the house, ungrounded electrical service, missing faceplates, inadequate heating for structure, no water or gas to house, improper vent connection using duct tape, hose bib does not have proper backflow, unlevel foundation throughout the house, cracks and holes in the walls and ceilings, collapsed floor in closet, walls buckling at floor level, patio and patio cover deteriorating. Ted Bush, Mr. Bush explained that one room and a carport has been totally emptied out. He stated that they have not had any time to complete the work and requested a 30 to 60 day extension. Ms. Reynolds does not want to sell the house, and will be going back to work on April 1, 2010. Board Member Allen Morris stated that Ms. Reynolds was supposed to come back with a plan and asked what the plan is. Bernadette Reynolds, Ms. Reynolds explained that the carport is cleaned out, and the backyard will be cleaned out soon. She has several contractors lined up to get estimates. Also, she never had a rodent problem. She has no place to stay and is working all alone without much help. Board Member Billy McClendon asked what she plans to do with all of the stuff at the house. Ms. Reynolds explained that she was going to donate some of the things and is planning on having another garage sale. Board Member Bryan Rogers explained that he is concerned about the structural integrity and plumbing, electrical, mechanical problems. Based upon what he has seen, it could qualify as a dangerous structure. From the amount of work that is seen, the work is very substantial. Board Action Bryan Rogers made a motion for the owner to clean up the exterior of the house WARM within 30 days. Also, permits and plans must be to the Building Official for structural, plumbing, electrical, and mechanical integrity to bring residence into general compliance in 90 days. The Board will reconvene in 90 days if permits Minutes—March 18, 2010 Construction Code Board Page7 are not applied for, the Board will make further determination. Also, Mr. Bush and Ms. Reynolds will need to sign an extension to the current release stating that they will not hold the city liable since boards will be removed during the day. Allen Morris seconded the motion. A vote was taken and the motion passed 7-0. 7. Authorizing the Chairman of the Construction Code Board to sign the final orders prepared by City staff so long as such final orders are consistent with the orders issued by the Construction Code Board on March 18, 2010. Board Action Allen Morris made a motion authorizing Chairman to sign any final orders, seconded by Bryan Rogers. A vote was taken and the motion passed 7-0. ADJOURNMENT With no further business before the Construction Code Board, a motion was made by Ronald Hauck, seconded by Allen Morris to adjourn the meeting at 10:24 p.m. A vote was taken and the motion passed 7-0. Ronald Hauck, Construction Code Board Chairman SUBMITTED BY: 404011iii• r) Wendy Young, C tr, •n Code rd Secretary Minutes—March 18, 2010 Construction Code Board Page8