Killeen Board of Adjustment Meeting – July 17, 2026

The Board of Adjustment of Killeen, Texas, met on July 17, 2026, in the Utility Collections Large Conference Room at 210 W. Avenue C. Note on date: the agenda and raw transcript date this meeting July 16, 2026 (called to order about 1:35 p.m., adjourned 6:14 p.m.); the supplied meeting metadata indicates July 17, 2026, which is used here as instructed.

Presiding was Chair Chet Southworth, with Vice Chair Kadeem Speller and members Lamar Molina, Philip Marley, Ronald Blackman, Iperlitta Lolis, Misty Durrin, and James Frei present. Zahria Threatt was absent, and one alternate was seated as a voting member. Staff present included Wallis Meshier (Executive Director of Development Services), Brian Chandler (Assistant Director), Daniel Marasa (Assistant City Attorney), Scott Merithew (Chief Building Inspector), Theresa Mayfield (Interim Code Enforcement Director), William Coleman (Code Enforcement Supervisor), and Araya Castro (Principal Secretary). The chair noted that board members are unpaid volunteers rather than city employees. The board acted on two variance requests, four demolition cases, and one certificate-of-occupancy (C.O.) appeal.

Consent Calendar

• Approved the meeting agenda unanimously as written.
• Approved the May 21, 2026 meeting minutes unanimously.

Public Comments & Testimony

• James Gaffney (Temple) addressed the 2819 E Veterans Memorial Blvd case; he said his wife and co-owner Lori Leach's position is 'tear it down,' while his own position is that the building is too good to tear down and that a contractor has been engaged.
• Michael Fornino expressed support for Mr. Pasarello and the 605 North Gray property, describing Pasarello as an honest, tax-paying business owner providing housing; he opposed closure, warned it would put people out 'with just a penstroke,' and urged the city to work with the owner.
• Ana Luisa Carrillo Tapia (Killeen resident; LULAC representative) expressed support for Pasarello, citing his help after an apartment fire, his housing of low-income and Section 8 families, and his role preventing homelessness; she urged the board to consider the 'domino effect' of its decision.
• Dustin Evans (324 North Gray St) opposed the 605 North Gray appeal, arguing standards must be enforced and that 'there needs to be another way to help these folks' than this unsafe building.
• Gene Doss (Belton) said he was present to answer questions about 2819 E Veterans Memorial Blvd.
• Condice Cooper (308 East Ave D; planning and zoning commissioner, Main Street board chair, and Downtown Killeen Merchants Association president, speaking as a private citizen) opposed the appeal, arguing redevelopment must include accountability, public safety, and responsible stewardship; she cited frequent emergency calls to the property, unsafe conditions (no kitchens, hot plates, non-fire-protected sheetrock), and unused grant opportunities.
• Tyrone McMarrons (412 North Gray St; downtown business owner for over 20 years) opposed the appeal, citing more than 267 calls to the location since January, and said he supports safety and code compliance to 'build something for the future.'
• Ronnie Russell (president, Innovation Black Chamber of Commerce) opposed the appeal, saying 'the standard is a standard'; he urged the board to examine how the property was registered, how it is operating, and how it operated without a C.O.
• Lee Cook (late sign-up; resident and veteran) supported Pasarello, said some opposition business owners do not pay taxes or live off grants, asked the board to help the owner obtain grants, and cautioned members not to forget where they came from.

Discussion Items

• Appeals process overview: Assistant City Attorney Daniel Marasa explained the appeal under Texas Local Government Code Sec. 211.009/211.010, stating that reversal requires a supermajority (7 of 9 votes) and that the sole question in the 605 North Gray appeal is whether the building official's Oct. 15, 2024 revocation decision was legally correct at the time (under the 2021 International Existing Building Code). He said the board may not consider fairness, expense of compliance, or future uses, and that the board's decision and reasoning could be reviewed by a court.
• PH-1 – Zoning variance, 3411 Westview Dr (Case ZV26-02): Samuel Warner requested a variance to reduce the required 25-foot rear yard setback to no closer than 15 feet from the rear property line (about a 10-foot encroachment) to enclose an existing covered patio. Staff reported the patio originated from a 2002 permit originally disapproved and then re-approved with an inaccurate site plan; no inspections were performed. The current owner, who said he bought the home in 2017, obtained an approved March 2025 remodel permit, invested about $20,000, and was stopped by inspectors. Staff measured the encroachment at about seven feet and recommended denial for lack of hardship under Killeen Code Sec. 31-78. The assistant city attorney noted that work performed under an erroneous permit and financial loss do not meet the legal 'unnecessary hardship' standard. Warner testified he followed all procedures and asked to finish the work; the board granted the variance.
• PH-2 – Zoning variance, 3106 Goblin Dr (Case ZV26-03): Stephen Matthew Crisp and Catherine Weishuhn Crisp requested a variance to allow a proposed porch to encroach about 10 feet into the required 25-foot rear yard setback. Staff (planner Joanne Lumas) reported the home was built in 2024–2025 to within about six inches of the setback; an April 2026 building permit application (No. 2026-2861) was flagged in May 2026, and the applicants were offered code-compliant alternatives: a detached accessory structure at least five feet from the home (max 10 feet deep due to a utility easement) or enclosing the existing three-foot-deep, 16-foot-wide covered patio. Staff recommended denial. Crisp testified the builder left almost no usable yard, the slab was poured by a contractor who did not pull the permit, and the addition would not affect neighbors or drainage. The board denied the variance unanimously.
• PH-3 – Demolition, 907 71st Tank Battalion Ave / 907 W Ave E (CE Case 25-7587): Four multi-family residential structures (1,092 sq ft each, 4,368 sq ft total, built 1975) were boarded and open to the elements with trash and debris. Staff estimated repairs at $393,120 vs. $786,240 replacement cost, with a Bell CAD appraised value of $215,637, and recommended repair or demolition within 30 days. Owner J.E. (Jay) Wisner obtained a self-demolition permit issued June 16, 2026; as of July 15, 2026 only Building 4 had been demolished and debris remained. Staff materials stated the permit expires November 2026, but in discussion the assistant city attorney calculated the six-month permit would expire Dec. 16, 2026, past the board's 90-day order authority; he advised tabling. The board tabled the case to the November 2026 meeting.
• PH-4 – Demolition, 1714 Duncan Ave (CE Case 25-2787): This vacant single-family home (built 1956, about 1,713 sq ft) had an open doorway, roof damage, and possible mold; utilities were terminated Oct. 14, 2025. The enforcement timeline ran from May 2025 to July 2026; the owner told a code officer he lacked funds to address the property. Staff estimated repairs at $154,170 vs. $308,340 replacement. Board members questioned the formula-based estimate; a construction-industry member estimated about $25,000–$30,000 for the roof and carport repair and noted the property's value of roughly $110,000. The chief building inspector reported the structure unsecured, with trash and an odor of feces. The board declared it a dangerous/unsafe building and ordered repair or demolition within 30 days and securing within 10 days, with city demolition and a lien if the owner defaults.
• PH-5 – Demolition, 816 W Ave D (CE Case 25-7589): A duplex (816–818), 1,092 sq ft, zoned R3, with boarded openings, graffiti, holes, and interior trash; no water account had ever been active. Staff estimated repairs at $98,280 vs. $196,560 replacement, with a Bell CAD value of $89,432, and recommended a 30-day order. The owner (J.E. Wisner, same as PH-3) holds a demolition permit issued June 16, 2026; no work had begun as of July 15, 2026. Board discussion noted the owner is building a duplex next door and appears to intend redevelopment. The board tabled the case to the November 2026 meeting.
• PH-6 – Demolition, 2819 E Veterans Memorial Blvd (CE Case 26-0080): A 39,666-sq-ft commercial building (built 1963) on about 15 acres, with extensive roof damage and debris inside; staff estimated repairs at $3,568,940 vs. $7,139,880 replacement, with a Bell CAD value of $110,943, and recommended a 30-day order. Owner representative James Gaffney (Ladd Inc.) said he believes the building is sound, that about $1.5 million had been spent on code-enforcement issues across Ladd properties, that the final Ladd note was just paid off, that financing is lined up, and that the building is secured except for two doors; his wife and co-owner Lori Leach's position is to tear it down. Contractor Gene Doss (43 years' experience) proposed removing the old roof and installing purlins and a new metal roof over the existing bar joists with R-25 insulation, at a cost far below the city estimate, and offered to meet with staff and submit plans. The assistant city attorney advised a 90-day abatement order rather than tabling so the city retains enforcement authority. The board declared the structure dangerous/unsafe and ordered repair or demolition within 90 days with a $500 civil penalty and lien for noncompliance.
• APL-1 – Appeal of C.O. revocation, 605 North Gray St: 605 North Gray, LLC appealed the building official's Oct. 15, 2024 revocation of the C.O. for the former Cow House Hotel, an 88-room building constructed in 1962 and zoned B5. The C.O. issued April 6, 2023 authorized hotel use with a special condition limiting rentals to between one and 29 consecutive nights. Staff (Wallis Meshier) said the property was instead operated as apartments, based on listings for unfurnished units, eviction petitions marked 'residential,' and unsuccessful attempts to rent a room through the lobby; converting to apartments would trigger life-safety upgrades (fire suppression, kitchens, unit-size compliance, electrical upgrades, asbestos survey). Staff also said state law (SB 840, effective Sept. 1, 2025) now allows multifamily by right in B5, so only the C.O. remains at issue, and that the owner had not paid hotel occupancy tax commensurate with 88 rooms but had claimed the over-29-day exemption. Appellant's attorney Luke Bashera argued the property was a grandfathered existing use requiring no new C.O. on change of ownership, that the 29-day condition was not in the city code when the C.O. was issued (Ordinance 2329 was adopted April 11, 2023 and took effect Oct. 1, 2023), that a 2021 city email from a plans examiner said the building code does not regulate length of stay, that other hotels' C.O.s did not carry the condition (selective enforcement), and that the city's motive was hotel occupancy tax and redevelopment ('inverse condemnation'). Mr. Pasarello attested to a conversation in which the building official said 'I sure hope so' when asked whether the 29-day condition would be added to all hotel C.O.s, and estimated about 10 of 88 units are unfurnished. Mesher denied any city intent to purchase the property (listing price about $3.5 million) and said the issue is life safety, not hotel occupancy tax. Board members questioned whether there was hard evidence of leases exceeding 29 days and expressed concern about the condition being applied to this property but not others. Vice Chair Kadeem Speller moved that the building official acted improperly; the motion carried 8–1 and the C.O. was restored.

Key Outcomes

• Agenda approved; May 21, 2026 minutes approved (both unanimous).
• PH-1 (3411 Westview Dr): variance granted unanimously (motion by Vice Chair Speller; second by Ms. Durrin).
• PH-2 (3106 Goblin Dr): variance denied unanimously (motion by Mr. Blackman; second by Mr. Frei).
• PH-3 (907 71st Tank Battalion Ave): tabled to the November 2026 meeting (unanimous).
• PH-4 (1714 Duncan Ave): dangerous/unsafe building order issued; owner must repair or demolish within 30 days and secure the structure within 10 days; city authorized to demolish and place a lien if the owner fails to comply; passed 8–1, with one member dissenting in favor of trying to save the structure and allowing more time.
• PH-5 (816 W Ave D): tabled to the November 2026 meeting (unanimous).
• PH-6 (2819 E Veterans Memorial Blvd): dangerous/unsafe building order issued; owner must repair or demolish within 90 days; $500 civil penalty and lien authorized for noncompliance; passed unanimously.
• APL-1 (605 North Gray St): building official's Oct. 15, 2024 C.O. revocation reversed by a vote of 8–1 (motion by Vice Chair Speller; seven votes required to reverse); the C.O. was restored.
• The board was informed that the new Building Official, Don Crutcher, will start Aug. 10, 2026.