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HomeMy WebLinkAbout1973-06-19 BUILDING BOARD OF ADJUSTMENTS MEETING MINUTESSPECIAL MEETING OF THE PEARLAND BOARD OF ADJUSTMENTS AND APPEALS HELD ON JUNE 19, 1973 AT 7:00 P. M. IN THE CITY HALL LOCATED AT 2335 N. TEXAS AVENUE, PEARLAND, TEXAS. Chairman J. D. Swensen Ex Officio Member D. A. Herridge Acting Secretary Mary Lammert Member Raymond Barringer Member William T. McClelland Member Bill Keele OTHERS PRESENT Superior Homes Mr. Golden entered at 7:35 p.m. Mr. Sultann entered at 7:35 p.m. and Mr. & Mrs. A. H. Perkins, Jr. entered 7:20 p.m. GENERAL DISCUSSION The meeting was called to order by Mr. J. D. Swensen. Mr. Swensen then made the statement that the Board was not to arbitrate the case between Mr. and Mrs. Perkins and Superior Homes, but to listen to the case and back up the decision made between Mr. Herridge and Superior Homes. Mr. Herridge brought out the fact that Mr. Perkin's house was cracking in the mortar. There was no adhesive and the walls shook. Perkins complained that chimney, mortar, and brick were not properly installed; not properly mixed. Mr. Herridge stated that he tested the substance and found "6 or 8 shovels of sand and maybe one of cement." Mr. Herridge then ordered Superior Homes to replace the chimney and walls. Superior Homes refused to replace the chimney. They wanted to dismiss the case. After each member had a chance to inspect the mixture, Mr. Barringer made the statement that it was certainly an inferior product and agreed with Mr. Herridge. POINT OF CONTROVERSY Perkins wanted to sue if Superior Homes did not repair the damage. Superior Homes would be put on notice. Mr. Swensen then brought up the point that the main concern was fire safety standards. He recommended with the Board that the only involvement be with the fireplace because of the safety standards. He suggested that BOARD OF ADJUSTMENTS AND APPEALS 6/19/73 PAGE 2 either Superior Homes or their Bonding Company rebuild the fireplace. Swensen suggested that the decision not be made until both sides of the circumstances were brought out. "I feel it is our profession to uphold because of the fire hazard, not our business to arbitrate." Mr. and Mrs. Perkins entered, and Mr. Swensen related the discussion of the Board members, stressing the point that it was not the Board's position to arbitrate the case, but to uphold the judgement that the fire- place was a safety hazard. Mr. Swensen was inclined to go along with the fact that the mortar was inferior and constituted a fire hazard. He recommended that the Bonding Company replace the fireplace. QUESTION OF THE CHIMNEY IN MR. PERKINS" HOME Mr. Perkins showed the members of the Board pictures of his chimney taken a week ago. The question arose, "Is the flue, exposed or not?" Swensen said that the flue should have 4" of masonry around it. The flue liner violates the Code. "The fireplace is in violation of the Code. You (Perkins) have a very legitimate complaint." The Board decided to deliberate the matter further after speaking to representatives of Superior Homes. The Perkins left at 7:30 p.m. REPRESENTATIVES OF SUPERIOR HOMES Mr. Swensen stated to representatives, Mr. Golden and Mr. Sultann that there was no masonry behind the flue liner. He showed them the samples of the mortar and pictures of the chimney. "If that is the flue liner, it is in direct violation of the Code." In evidence of the pictures of the chimney and the samples, the Board recommended that the chimney be rep9aced. The main contention was the strength of the mortar and the hazard of starting a fire. Evidence showed it to be unsafe. Mr. Golden stated he had no knowledge of the condition of the Perkins' fireplace. He reserved comment on the Board's recommendation until he had looked at it first. Mr. Herridge then made arrangements to get into the house with Mr. Don Hall and Mr. Golden of Superior Homes. Superior Homes asked to be allowed BOARD OF ADJUSTMENTS AND APPEALS 6/19/73 PAGE 3 to make their own inspection and come back to the Board with their own proposal and make their own suggestions to repairs. MOTION A motion was made by Mr. Swensen and seconded by Mr. Barringer that the Board authorize Mr. Herridge to require whatever corrections or rebuilding or whatever it takes to put this fireplace in a safe condition. If Superior Homes does not feel they can go with the recommendations satisfactorily, then he (Mr. Herridge) will enjoin the Bonding Company to do it. The motion passed unanimously. OTHER BUSINESS Mr. Keele moved that the next meeting be approximately three months from today (June 19). The motion was seconded by Mr. Swensen. Motion passed unanimously. ADJOURN Mr. Swensen moved that the meeting adjourn. Meeting adjourned at 7:45 p.m. Minutes approved as submitted and/or corrected this day of A. D., 1973. ATTEST: Secretary Chairman