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01.10.22 - BOA PacketPage 1 of 2 ] Notice Regarding Public Participation Welcome to the Prosper Board of Adjustment/Construction Board of Appeals meeting. Individuals may attend the meeting in person, or access the meeting via videoconference, or telephone conference call. To access the videoconference online, follow these instructions: Join the Zoom Meeting by clicking on the following link: https://us02web.zoom.us/j/83833239947 Enter Meeting ID: 838 3323 9947 To request to speak, click on “Participants” at the bottom of the screen, and click “Raise Hand.” The meeting moderator will acknowledge your request and allow you to speak. To join the meeting by phone, dial any one of the following numbers: +1 346 248 7799 Enter Meeting ID: 838 3323 9947 To request to speak, enter *9. The meeting moderator will acknowledge your request and allow you to speak. Addressing the Board of Adjustment/Construction Board of Appeals: • Those wishing to address the Board must complete the Public Comment Request Form located on the Town website or in Council Chambers. • If you are attending in person, please submit this form to the Board Chair or a staff member prior to the meeting. When called upon, please come to the podium and state your name and address for the record. • If you are attending online/virtually, please submit this form prior to 5:00 p.m. on the day of the meeting. Please ensure your full name appears on the screen and you are unmuted so the meeting moderator can recognize you and allow you to speak. The Chat feature is not monitored during the meeting. The Town assumes no responsibility for technical issues that are beyond our control. If you encounter any problems joining or participating in the meeting, please call our help line at 972-569-1191 for assistance. Pursuant to Section 551.007 of the Texas Government Code, individuals wishing to address the Board for items listed as public hearings will be recognized when the public hearing is opened. For individuals wishing to speak on a non-public hearing item, they may address the Board when the item is considered by the Board. 1. Call to Order / Roll Call 2. Consider and act upon the appointment of a Chair and Vice-Chair. AGENDA Meeting of the Prosper Board of Adjustment/ Construction Board of Appeals Prosper Town Hall Council Chambers 250 W. First Street, Prosper, Texas Monday, January 10, 2022, 6:00 p.m. Prosper is a place where everyone matters. Page 2 of 2 3. Consider and act upon minutes from the February 25, 2019, Regular Board of Adjustment/Construction Board of Appeals meeting and Joint Meeting of the Prosper Board of Adjustment/Construction Board of Appeals and the Prosper Planning & Zoning Commission. 4. Conduct a public hearing concerning a substandard structure located at 2060 Dove Creek Circle in the Town of Prosper, and thereafter discuss, consider, and take action regarding said substandard structure. 5. Adjourn. Note: The order in which items are heard on the agenda is subject to change. CERTIFICATION I, the undersigned authority, do hereby certify that this Notice of Meeting was posted at Prosper Town Hall, located at 250 W. First Street, Prosper, Texas 75078, a place convenient and readily accessible to the general public at all times, and said Notice was posted by 5:00 p.m., on Friday, January 7, 2022, and remained so posted at least 72 hours before said meeting was convened. _______________________________ _________________________ Michelle Lewis Sirianni, Town Secretary Date Notice Removed Pursuant to Section 551.071 of the Texas Government Code, the Town Council reserves the right to consult in closed session with its attorney and to receive legal advice regarding any item listed on this agenda. NOTICE Pursuant to Town of Prosper Ordinance No. 13-63, all speakers other than Town of Prosper staff are limited to three (3) minutes per person, per item, which may be extended for an additional two (2) minutes with approval of a majority vote of the Board of Adjustment/Construction Board of Appeals. NOTICE OF ASSISTANCE AT PUBLIC MEETINGS: The Prosper Town Hall is wheelchair accessible. For special services or assistance, please contact the Town Secretary’s Office at (972) 569-1011 at least 48 hours prior to the meeting time. ] Regular Meeting of the Board of Adjustment/Construction Board of Appeals 1. Call to Order / Roll Call. The meeting was called to order at 6:00 p.m. Board members present: CJ Alexander, John Borden, George Dupont, Norman Hutchins, Jeremy Painkin, and Cliff Freeman (Alternate). Board members absent: Brent Wells (Alternate). Board member CJ Alexander arrived at 6:03 p.m. Staff present: Alex Glushko, Planning Manager; Todd White, Building Official; Evelyn Mendez, Planning Technician; and Terry Welch, Town Attorney. REGULAR AGENDA 2. Consider and act upon the appointment of a Chair and Vice-Chair. Borden nominated George Dupont for Chair, seconded by Painkin. Motion approved 5-0. Dupont nominated Jeremy Painkin for Vice-Chair, seconded by Alexander. Motion Approved 5-0. 3. Consider and act upon minutes from the August 29, 2017, Regular Board of Adjustment/Construction Board of Appeals meeting. Motioned by Painkin, seconded by Alexander, to approve the minutes from the August 29, 2017, Regular Board of Adjustment/Construction Board of Appeals meeting. Motion approved 5-0. 4. Adjourn. Motion by Borden, second by Painkin, to adjourn, at 6:06 p.m. Motion approved 5-0. MINUTES Regular Meeting of the Board of Adjustment/ Construction Board of Appeals Joint Meeting of the Prosper Board of Adjustment/Construction Board of Appeals and the Prosper Planning & Zoning Commission Prosper Town Hall Executive Conference Room 200 S. Main Street, Prosper, Texas Monday, February 25, 2019, 6:00 p.m. Prosper is a place where everyone matters. Prosper Board of Adjustment/Construction Board of Appeals Meeting Minutes of February 25, 2019 Page 2 of 2 Joint Meeting of the Prosper Board of Adjustment/Construction Board of Appeals and the Prosper Planning & Zoning Commission 1. Call to order/roll call The meeting was called to order at 6:07 p.m. Board members present: Chairman George Dupont, Vice-Chairman Jeremy Painkin, CJ Alexander, John Borden, Norman Hutchins, CJ Alexander, and Cliff Freeman (Alternate). Board members absent: Brent Wells (Alternate). Staff present: Alex Glushko, Planning Manager; Todd White, Building Official; Evelyn Mendez, Planning Technician; and Terry Welch, Town Attorney. 2. Board and Commission member Orientation. The Board received a presentation from the Town Attorney. 3. Adjourn. Motion by Painkin, second by Hutchins, to adjourn, at 7:15 p.m. Motion approved 5-0. ________________________________________ _________________________ Evelyn Mendez, Planning Technician Chairman/Vice-Chairman Page 1 of 3 To: Construction Board of Appeals From: Trish Eller, Code Compliance Officer Through: Khara Dodds, Director of Development Services Mary Branch, Heath and Code Compliance Supervisor Brady Cudd, Building Official Re: Construction Board of Appeals Meeting – January 10, 2022 Agenda Item: Conduct a public hearing concerning a substandard structure located at 2060 Dove Creek Circle in the Town of Prosper, and thereafter discuss, consider and take action regarding said substandard structure. Description of Agenda Item: As detailed in Exhibit C, Timeline of Events, the Town has been working with the property owner since 2019 regarding compliance of a structure on the subject property. The Town has given the property owner multiple opportunities to repair the structure; however, as shown on Exhibit B, Site Photos, recent inspections of the structure have resulted in a determination that the structure is no longer repairable. As outlined below, the Construction Board of Appeals (CBOA) has the authority to determine that a structure is substandard and to order demolition. The Town has used due diligence to determine all persons or entities that possess an ownership interest in the subject property. All such persons or entities have been noticed of the hearing in accordance with the Town’s Code of Ordinances. Duties and Powers of the CBOA: Per Chapter 3, Building Regulations, of the Town’s Code of Ordinances, the CBOA has the authority to determine that a structure is substandard, as defined and described herein, and that a substandard is a danger to the public health and welfare, a public nuisance, and it violates this article. Compliance is required with any orders issued by the CBOA relating to the repair, removal, or demolition of the substandard structure. Per Subsection 3.12.008 of Chapter 3 of the Code of Ordinances, the CBOA may find that a structure is a substandard structure for any of the following reasons: 1) The building or structure has been damaged by fire, earthquake, tornado, wind, flood, vandals or any other cause, to such an extent that the structural strength or stability thereof is subject to partially or fully collapsing. Prosper is a place where everyone matters. DEVELOPMENT SERVICES Page 2 of 3 2) The building or structure was constructed or maintained in violation of any provision of the town’s building codes, fire code or any other applicable ordinance or law of the town, county, state, or federal government. 3) Any wall or other vertical structural members list, lean or buckle to such an extent that a plumb line passing through the center of gravity falls outside of the middle one-third (1/3) of its base. 4) The foundation or the vertical or horizontal supporting members are twenty-five (25) percent or more damaged or deteriorated. 5) The nonsupporting coverings of walls, ceilings, roofs, or floors are fifty (50) percent or more damaged or deteriorated. 6) The structure has improperly distributed loads upon the structural members, or they have insufficient strength to be reasonably safe for the purpose used. 7) The structure or any part thereof has been damaged by fire, water, earthquake, wind, tornado, vandalism, or other cause to such an extent that it has become dangerous to the public health, safety and welfare. 8) A portion of a building or structure remains on a site when construction or demolition work is abandoned. 9) A door, aisle, passageway, stairway, fire escape or other means of egress is not of sufficient width or size, or is damaged, dilapidated, obstructed or otherwise unusable, or so arranged so as not to provide safe and adequate means of egress in case of fire or panic. 10) The structure, because of its condition, is unsafe, unsanitary, or dangerous to the health, safety or general welfare of the town’s citizens including all conditions conducive to the harboring of rats or mice or other disease carrying animals or insects reasonably calculated to spread disease. 11) The structure has been found to contain molds which are known to be harmful to humans, and that remediation of such mold contamination would exceed fifty (50) percent of the value of the structure. 12) Whenever the building or structure has been so damaged by fire, wind, tornado, earthquake or flood, or has become so dilapidated or deteriorated as to become: A. An attractive nuisance to children; B. A harbor for vagrants, criminals or trespassers; or as to C. Enable persons to resort thereto for the purpose of committing unlawful acts. 13) A portion of the building or member or appurtenance thereof (e.g. porch, chimney, signs) is likely to fall, or to become detached or dislodged, or to collapse and thereby injure persons or damage property. 14) The building or structure has any portion, member or appurtenance, ornamentation on the exterior thereof which is not of sufficient strength or stability, or is not so anchored, attached or fastened in place so as to be capable of safely resisting wind pressure, snow, ice, or other loads. 15) The electrical system is totally or partially damaged, destroyed, removed or otherwise made inoperable, unsafe or hazardous. 16) The plumbing system is totally or partially damaged, destroyed, removed or otherwise made inoperable or unsanitary. 17) The mechanical system or any portion of the mechanical system is totally or partially damaged, destroyed, removed or otherwise made inoperable or unsafe. 18) The building or structure, because of obsolescence, dilapidated condition, deterioration or damage, is detrimental to the sale, loan or taxable values of surrounding properties or which renders such surrounding properties uninsurable or which constitutes a blighting influence upon the neighborhood or which constitutes an eyesore so as to deprive owners Page 3 of 3 or occupants of neighboring property of the beneficial use and enjoyment of their premises or which presents an appearance which is offensive to persons of ordinary sensibilities. Based on the criteria, staff believes the subject home is a substandard structure. Per Subsection 3.12.009 of Chapter 3 of the Code of Ordinances, “if at the public hearing evidence is provided that a substandard structure exists, the town shall require the owner, lienholder, or mortgagee of the building to repair, remove, or demolish the building within thirty (30) days, unless it is proven at the hearing that the work cannot reasonably be done in thirty (30) days. If the construction board of appeals allows more than thirty (30) days for the building to be repaired, removed, or demolished, the construction board of appeals shall establish specific time schedules for the work to be commenced and finished and shall require the owner, lienholder, or mortgagee to secure the property in a reasonable manner from unauthorized entry while the work is being performed, as determined by the building official.” Legal Obligations and Review: Notice of the Public Hearing was provided to the property owner in accordance with Subsection 3.12.009 of Chapter 3 of the Code of Ordinances. Attached Documents: 1. Exhibit A - Location Map 2. Exhibit B – Site Photos 3. Exhibit C – Timeline of Events Staff Recommendation: As noted above, if the evidence supports that a substandard structure exists, the CBOA shall require the building to be repaired, removed, or demolished within thirty (30) days, unless it is proven at the hearing that the work cannot reasonably be done in thirty (30) days. Staff believes the structure is substandard and that the structure cannot reasonably be repairs within thirty (30) days. Therefore, staff recommends that the Board determine the structure located at 2060 Dove Creek Circle is a substandard structure and order the property owner demolish the structure, in accordance with all applicable codes, by February 9, 2022. Proposed Motion: I move to determine the structure located at 2060 Dove Creek Circle, Prosper, Texas is a substandard structure and further order the property owner demolish the structure, in accordance with all applicable codes, by February 9, 2022. FM 1385W UNIVERSITY DR E FIRST ST PARVIN RD E UNIVERSITY DR N CUSTER RDE PROSPER TRL W FIRST ST W FRONTIER PKWY E FRONTIER PKWY PROSPER RD N PRESTON RDN DALLAS PKWYS PRESTON RDFISHTRAP RD GEE RDFISHTRAP RD FM 1385 DOVE CREEK CIR FISHTRAP RD FM 1385 0 500250Feet µ 2060 Dove Creek Circle (Exhibit A) This map is for illustration purposes only. EXHIBIT B EXHIBIT B EXHIBIT B Exhibit C Timeline of Events 19 aka 2060 Dove Creek Circle 1)On 1/14/2019, a notice of violation was sent to the owner to repair the roof within 30 days. 2)On 3/272019, a citation was issued to the owner for failure to repair the roof. 3)On 4/09/2019, the property owner told the Court he would repair the property within 3 months in lieu of a fine. 4)On 8/29/2019, a second citation was issued to the owner for failure to repair the roof. 5)On 5/26/2020, court suspended indefinitely due to Covid 19. 6)On 4/09/2021, case reopened, because the owner has a citation pending in court. 7)On 5/19/2021, Town staff determined that the structure was a substandard structure and was not reasonably repairable. 8)On 9/22/2021, took pictures of the back of the property from the adjacent property to the east of the property. 9)On 9/23/2021, the Town proposed to demolish the substandard structure and place a lien on the property for all Town-incurred demolition costs. The property owner rejected the Town’s proposal. 10)On 9/27/2021, decision was made to have a Construction Board of Appeals hearing. Town Staff would recommend the structure be demolished. A notice of violations was sent to the home and business addresses via regular and certified mail. 11)On 12/01/2021, Construction Board of Appeals notice of a hearing was sent to the home and business address via regular and certified mail. The notice was posted on the property. 12)On 1/04/2022, Administrative Search Warrant was obtained from the county judge. A “No Trespassing” sign was on the front fence. Pictures were taken in the back of the structure. 13)CBOA Hearing set for 1/10/2022.