Board of Appeals

HOUSING BOARD OF APPEALS HEARING MINUTES January 21, 2015 CITY HALL 10 N. DIVISION STREET COMMISSION CHAMBERS 3RD FLOOR – ROOM 301 BATTLE CREEK MI 49014 Call to Order: 1:04pm Roll Call for Board Members: Tony Goodman, Stan Chubinski, Robert Whitfield, Andy Harrison Staff Members Present: Dennis McKinley, Code Compliance Administrator; Don Wilkinson, Building Inspector; Elijah Martin, Senior Code Officer; Lisa Silkworth, Secretary Elect Chairperson: Mr. Goodman made a motion to nominate Mr. Chubinski to be the Chairperson for the upcoming term, seconded by Mr. Harrison. No other nominations. Mr. Chubinski is elected. Goodman-y Chubinski-y Harrison-y Whitfield-y Mr. Chubinski made a motion to elect Mr. Goodman as Vice Chair, seconded by Mr. Harrison. No other nominations. Mr. Goodman is the Vice Chair. Chubinski-y Harrison-y Whitfield-y Goodman-y Additions/Deletions to the Agenda: Remove 68 N McKinley and 125 Oaklawn; Move 84 Seivour to the top of the agenda due to special circumstances Approval of Minutes: Mr. Goodman made a motion to approve the minutes from the December 17, 2014 meeting, seconded by Mr. Harrison. Approved Goodman-y Chubinski-y Harrison-y Whitfield-y Old Business: none New Business: 1. 84 Seivour Ave Issue#EN14-07067 Code Compliance Officer: Elijah Martin Property owner, Heriberto Flores Molina for Sidronio Flores (Irma Mrozovich was interpreting Spanish/English for Ms. Molina), present. Elijah Martin, Senior Code Officer, stated the violations were found during a property survey and the letter was sent to a prior owner. Mr. Martin stated the safety inspection was done and that will cover the said violations. Ms. Molina stated she has a permit to make corrections per the safety inspection. Mr. Chubinski made a Housing Board of Appeals January 21, 2015 Page 2 of 4 motion to grant an extension to May 19, 2015 for the exterior repairs, seconded by Mr. Goodman. Extension granted. Goodman-y Chubinski-y Harrison-y Whitfield-y Dangerous Buildings Show Cause Hearings: a. 37 Bartlett (House) Issue#EN147-25952 Building Inspector: Don Wilkinson Property owner, not present. Mr. Goodman made a motion to affirm the property as a Dangerous Building, seconded by Mr. Harrison. Affirmed Goodman-y Chubinski-y Harrison-y Whitfield-y b. 736 Emmett (Commercial) Issue#EN14-26278 Building Inspector: Don Wilkinson Property owner, not present. Mr. Goodman made a motion to affirm the property as a Dangerous Building, seconded by Mr. Harrison. Affirmed Goodman-y Chubinski-y Harrison-y Whitfield-y c. 84 S Kendall (Commercial) Issue#EN14-25659 Building Inspector: Don Wilkinson Property owner, Bettie Robertson, present. Dennis McKinley, Code Compliance Administrator, stated the cost estimate of repair is $272,853 and the SEV $40,000. Mr. McKinley stated it meets the requirement for demolition. Ms. Robertson stated it is a historic building and questioned why the City would demolish the building. Ms. Robertson stated the building was built by blacks for blacks and it would be a disservice to tear the building down. Mr. Whitfield asked if there was a plan of action. Mr. McKinley stated there is a draft restoration agreement per Ms. Robertson’s request through Mayor Deb Owens and Asst. Interim City Manager Susan Bedsole. Mr. Chubinski made a motion to affirm the property as a dangerous building and continue it through the process, seconded by Mr. Goodman. Affirmed. Goodman-y Chubinski-y Harrison-y Whitfield-n Housing Board of Appeals January 21, 2015 Page 3 of 4 d. 1331 W Michigan Ave (Commercial) Issue#EN14-25669 Building Inspector: Don Wilkinson Property owner, Ms. Regualos, present. Don Wilkinson, Building Inspector, stated the property is vacant and in need of repair. Mr. Wilkinson stated the cost estimate of repair is $98,758 and the SEV is $33,480. Ms. Regualos stated the property is for sale and/or rent. Ms. Regualos stated the exterior is fine and knows the interior needs some work. Ms. Regualos stated is the property sells then the buyer will make repairs and if the property is rented she is responsible for the property. Mr. Wilkinson noted if the property is sold the City will work with the new owners as they bring it into compliance. Mr. Harrison made a motion to affirm the property as a dangerous building and move it through the process, seconded by Mr. Goodman. Affirmed Goodman-y Chubinski-y Harrison-y Whitfield-y e. 75 South Ave (House) Issue#EN14-26178 Building Inspector: Don Wilkinson Property owner, not present. Mr. Goodman made a motion to affirm the property as a Dangerous Building, seconded by Mr. Harrison. Affirmed Goodman-y Chubinski-y Harrison-y Whitfield-y New Business: 2. 353 W Territorial Rd Issue#EN14-26656 Code Compliance Officer: Elijah Martin Property owner, Marcia Campbell, present. Elijah Martin, Senior Code Officer, stated the violations were discovered during a property survey. Ms. Campbell stated she is looking for more time. Mr. Martin recommended granting an extension to May, 2015. Mr. Whitfield made a motion to grant an extension to May 19, 2015, seconded by Mr. Harrison. Extension granted. Goodman-y Chubinski-y Harrison-y Whitfield-y Housing Board of Appeals January 21, 2015 Page 4 of 4 3. 100 Wiltshire Ave Issue#EN14-26650 Code Compliance Officer: Elijah Martin Property owner, Bartlett Rapp, present. Elijah Martin, Senior Code Officer, stated the violations were discovered during a property survey. Mr. Rapp stated he needs more time to make repairs. Mr. Rapp stated his grandchildren are going to help him. Mr. Rapp requested an extension to the end of March. Mr. Goodman made a motion to grant an extension to March 17, 2015, seconded by Mr. Whitfield. Extension granted. Goodman-y Chubinski-y Harrison-y Whitfield-y Public Comments: none Board and Staff Members Comments: Mr. McKinley thanked Irma from the police dept. for being our interpreter. Mr. McKinley also clarified the restoration agreement process. Adjournment: 1:45pm The City of Battle Creek will provide necessary reasonable auxiliary aids and services, such as signers for the hearing impaired and audiotapes of printed materials being considered in the meeting upon reasonable notice to the City of Battle Creek. Individuals with disabilities requiring auxiliary aids or services should contact the City of Battle Creek by writing or calling the following: Vicki Houser, City Clerk 10 N. Division Street Battle Creek, Michigan 49014 (269) 966-3348/Voice/TDD /lms