Board of Appeals

BOARD OF APPEALS HEARING MINUTES August 17, 2016 CITY HALL 10 N. DIVISION STREET COMMISSION CHAMBERS 3RD FLOOR – ROOM 301 BATTLE CREEK MI 49014 Call to Order: 1:05pm Roll Call for Board Members: Stan Chubinski, Robert Whitfield, Kara Werner, Eric Blair Staff Members Present: Don Wilkinson, Building Inspector; Jason Francisco, Code Compliance Manager; Eric Morris, Senior Code Officer; Jeanette Cook, Senior Code Officer; Todd Nowicki, Senior Code Officer; Tom Engels, Senior Code Officer; Lisa Silkworth, Secretary Additions/Deletions to the Agenda: Remove 51 Cliff and 57 Cliff Approval of Minutes: Ms. Werner made a motion to approve the minutes from the July 13, 2016, seconded by Mr. Blair. Old Business: none Dangerous Buildings Show Cause Hearings: a. 31 N Washington Ave (Commercial) Issue#EN15-05908 Building Inspector: Don Wilkinson Property owner, Nelson Karre, Attorney for the Church, present. Don Wilkinson, Building Inspector, stated the property has been vacant and meets the qualifications for a Dangerous Building. Mr. Wilkinson recommended affirming the property as a Dangerous Building. Attorney Karre stated there are plans to renovate the property and is requesting that the City does not put the property on the list as it might hinder getting financing in the future. Tommaso Latini, Project Management Consultant for the Church, spoke about the renovations being done. A timeline was passed out to members. Mr. Latini stated it will be bought into compliance. Mr. Latini mentioned the construction plans will be done in September, bids will go out in January and construction to start in April. Mr. Latini stated the construction will be done in phases. Attorney Karre stated the building is vacant but wants it removed from the list for Housing Board of Appeals August 17, 2016 Page 2 of 11 financing purposes. Mr. Wilkinson recommended tabling it for six months to get the plans into the City before affirming it as a Dangerous Building. Asst. City Attorney Marcel Stoetzel clarified the Dangerous Building Status. Attorney Karre stated again his clients would like it removed from the Dangerous Building list. Mr. Wilkinson reminded the Board of the remediation agreement and recommended again to grant six months for plan submission. Asst City Attorney Stoetzel again clarified the Dangerous Building Ordinance. Attorney Karre again pointed out the undue hardship clause. Mr. Blair commented about the status if a company were to call, what would they be told over a telephone. Mr. Blair would not want the status to affect financing. Sonia Gobbini spoke about the financing and issues that may arise. Mr. Whitfield made a motion to table this until February 14, 2017, seconded by Ms. Werner. Tabled until February 14, 2017. Blair-y Werner-y Chubinski-y Whitfield-y New Business: 1. 102 N 22nd Issue#EN16-02253 Code Compliance Officer: Eric Morris Property owner, Tom Nunn, present. Jason Francisco, Code Compliance Manager, stated some of the violations had been corrected and recommended granting thirty-day extension. Ms. Werner made a motion to grant an extension to September 20, 2016, seconded by Mr. Whitfield. Extension granted. Blair-y Werner-y Chubinski-y Whitfield-y 2. 35 Greble St Issue#EN16-03508 Code Compliance Officer: Eric Morris Property owner, Juvy Ylarde-Clarke, present. Jason Francisco, Code Compliance Manager, stated the exterior violations had not been corrected. Ms. Ylarde-Clarke stated she was having some siding put up. Mr. Whitfield made a Housing Board of Appeals August 17, 2016 Page 3 of 11 motion to grant an extension to September 20, 2016, seconded by Mr. Blair. Extension granted. Blair-y Werner-y Chubinski-y Whitfield-y 3. 36 Greble St Issue#EN16-03510 Code Compliance Officer: Eric Morris Property owner, Joey Bush, present. Jason Francisco, Code Compliance Manager stated the property had exterior violations and recommended granting a thirty-day extension. Mr. Bush said he could finish it in thirty days. Ms. Werner made a motion to grant an extension to September 20, 2016, seconded by Mr. Blair. Extension granted. Blair-y Werner-y Chubinski-y Whitfield-y 4. 39 Anderson Ct Issue#EN16-05675 Code Compliance Officer: Jeanette Cook Property owner, Thomas Burton, present. Cook, Jeanette Cook, Senior Code Officer, stated the exterior violations were noted during a routine property survey. Mr. Burton stated he needed more time. Mr. Blair made a motion to grant an extension to October 18, 2016, seconded by Ms. Werner. Extension granted. Blair-y Werner-y Chubinski-y Whitfield-y 5. 236 Post Ave Issue#EN16-03609 Code Compliance Officer: Jeanette Cook Property owner, for SWIMCDC, present. Jeanette Cook, Senior Code Officer, stated the exterior violations still exist. Ms. Stated a thirty-day extension would be fine. Ms. Werner made a motion to grant an extension to September 20, 2016, seconded by Mr. Blair. Extension granted. Blair-y Werner-y Chubinski-y Whitfield-y Housing Board of Appeals August 17, 2016 Page 4 of 11 6. 245 Calhoun St Issue#EN16-06481 Code Compliance Officer: Todd Nowicki Property owner, Deborah Ensign, present. Todd Nowicki, Senior Code Officer, stated the exterior violation were noted during a property survey. Ms. Ensign stated she will out of town and needed more time. Ms. Werner made a motion to grant an extension to October 18, 2016, seconded by Mr. Blair. Extension granted. Blair-y Werner-y Chubinski-y Whitfield-n 7. 125 Grenville Issue#EN16-04374 Code Compliance Officer: Todd Nowicki Property owner, Steven Caldwell, present. Todd Nowicki, Senior Code Officer, stated the violations were exterior and noted during a property survey. Mr. Caldwell stated he is waiting for financing. Mr. Whitfield made a motion to grant an extension to September 20, 2016, seconded by Mr. Blair. Extension granted. Blair-y Werner-y Chubinski-y Whitfield-y 8. 159 Grenville Issue#EN16-04379 Code Compliance Officer: Todd Nowicki Property owner, Francisco Carillo, present. Todd Nowicki, Senior Code Officer, stated there were exterior violations noted during a property survey. Mr. Carillo asked for a thirty- day extension. Mr. Blair made a motion to grant an extension to September 20, 2016, seconded by Ms. Werner. Extension granted. Blair-y Werner-y Chubinski-y Whitfield-y 9. 116 Laurel Dr Issue#EN16-05113 Housing Board of Appeals August 17, 2016 Page 5 of 11 Code Compliance Officer: Todd Nowicki Property owner, not present. Todd Nowicki, Senior Code Officer, recommended affirming the order as written due to no owner present. Mr. Blair made a motion to affirm the order as written, seconded by Mr. Whitfield. Affirmed. Blair-y Werner-y Chubinski-y Whitfield-y 10. 101 Post Ave Issue#EN16-04612 Code Compliance Officer: Todd Nowicki Property owner, Tamara Carlton, present. Todd Nowicki, Senior Code Officer, stated the exterior violations were noted during a property survey. Mr. Nowicki recommended granting a thirty-day extension. Ms. Carlton stated she recently purchased the property and intends to open for business the end of October. Ms. Carlton requested an extension to October. Ms. Werner made a motion to grant an extension to October 18, 2016, seconded by Mr. Blair. Extension granted. Blair-y Werner-y Chubinski-y Whitfield-y 11. 124 Bennett Issue#EN16-03033 Code Compliance Officer: Tom Engels Property owner, Darlene Shade, present. Tom Engels, Senior Code Officer, stated the exterior violations were noted during a property survey. Mr. Engels stated some work had been done. Ms. Shade stated the property was empty at this time. Mr. Whitfield made a motion to grant an extension to October 18, 2016, seconded by Mr. Blair. Extension granted. Blair-y Werner-y Chubinski-y Whitfield-y 12. 385 E Burnham Issue#EN16-03080 Code Compliance Officer: Tom Engels Housing Board of Appeals August 17, 2016 Page 6 of 11 Property owner, Oralia Garcia, present. Tom Engels, Senior Code Officer, stated the violations were noted during a property survey. Mr. Engels stated some work had been completed. Ms. Garcia stated she needs more time as she is doing the work on her own. Mr. Blair made a motion to grant an extension to October 18, 2016, seconded by Mr. Whitfield. Extension granted. Blair-y Werner-y Chubinski-y Whitfield-y 13. 878 Capital Ave NE Issue#EN16-07335 Code Compliance Officer: Tom Engels Property owner, Dewey Castalein. Present. Tom Engels, Senior Code Officer, stated the violations were noted during a property survey. Mr. Castalein stated he needs more time due to lack of funds. Mr. Blair made a motion to grant an extension to October 18, 2016, seconded by Mr. Whitfield. Extension granted. Blair-y Werner-y Chubinski-y Whitfield-y Ms. Werner had to leave the meeting at 2:30pm. 14. 154 East Ave N Issue#EN16-05620 Code Compliance Officer: Tom Engels Property owner, Aaron Wiersma, present. Tom Engels, Senior Code Officer, stated the violations were noted during a property survey. Mr. Wiersma requested a little more time to complete the project. Mr. Blair made a motion to grant an extension to October 18, 2016, seconded by Mr. Whitfield. Extension granted. Blair-y Chubinski-y Whitfield-y Housing Board of Appeals August 17, 2016 Page 7 of 11 15. 213 Hunter St Issue#EN16-05826 Code Compliance Officer: Tom Engels Property owner, not present. Tom Engels, Senior Code Officer, recommended affirming the order as written due to no owner present. Mr. Blair made a motion to affirm the order as written, seconded by Mr. Whitfield. Affirmed. Blair-y Chubinski-y Whitfield-y 16. 48 Main St Issue#EN16-03951 Code Compliance Officer: Tom Engels Property owner, not present. Tom Engels, Senior Code Officer, recommended affirming the order as written due to no owner present. Mr. Blair made a motion to affirm the order as written, seconded by Mr. Whitfield. Affirmed. Blair-y Chubinski-y Whitfield-y 17. 47 South Ave Issue#EN16-04216 Code Compliance Officer: Tom Engels Property owner, not present. Tom Engels, Senior Code Officer, recommended affirming the order as written due to no owner present. Mr. Blair made a motion to affirm the order as written, seconded by Mr. Whitfield. Affirmed. Blair-y Chubinski-y Whitfield-y 18. 51 Cliff St Issue#EN16-02800 Code Compliance Officer: Elijah Martin REMOVE Housing Board of Appeals August 17, 2016 Page 8 of 11 19. 57 Cliff St Issue#EN16-02803 Code Compliance Officer: Elijah Martin REMOVE 20. 59 Douglas St Issue#EN16-02845 Code Compliance Officer: Elijah Martin Property owner, Delores Barber, present. Tom Engels, Senior Code Officer, stated the violations were noted during a property survey. Ms. Barber stated she needed more time and had completed some work. Mr. Blair made a motion to grant an extension to September 20, 2016, seconded by Mr. Whitfield. Extension granted. Blair-y Chubinski-y Whitfield-y 21. 15 W Kingman Issue#EN16-02877 Code Compliance Officer: Elijah Martin Property owner, Kristin Johnson, present. Tom Engels, Senior Code Officer, stated the violations were noted during a property survey. Ms. Johnson requested more time due to her work schedule. Mr. Blair made a motion to grant an extension to October 18, 2016, seconded by Mr. Whitfield. Extension granted. Blair-y Chubinski-y Whitfield-y 22. 19 W Kingman Issue#EN16-02878 Code Compliance Officer: Elijah Martin Property owner, not present. Mr. Blair made a motion to affirm the order as written due to no property owner present, seconded by Mr. Whitfield. Affirmed. Blair-y Chubinski-y Whitfield-y Housing Board of Appeals August 17, 2016 Page 9 of 11 23. 77 Lathrop Ave Issue#EN16-02939 Code Compliance Officer: Elijah Martin Property owner, Jaye Sellen, present. Tom Engels, Senior Code Officer, stated the violations were noted during a property survey. Ms. Sellen stated some work had been done but she needed more time to finish the project. Mr. Blair made a motion to grant an extension to October 18, 2016, seconded by Mr. Whitfield. Extension granted. Blair-y Chubinski-y Whitfield-y 24. 22 Mary St Issue#EN16-03035 Code Compliance Officer: Elijah Martin Property owner, Andrea Martin, present. Tom Engels, Senior Code Officer, stated the violations were noted during a property survey. Ms. Martin stated work should start towards the end of September. Ms. Martin requested more time. Mr. Blair made a motion to grant an extension to October 18, 2016, seconded by Mr. Whitfield. Extension granted. Blair-y Chubinski-y Whitfield-y 25. 32 Mary St Issue#EN16-03036 Code Compliance Officer: Elijah Martin Property owner, Andrea Martin, present. Tom Engels, Senior Code Officer, stated the violations were noted during a property survey. Ms. Martin stated work should start towards the end of September. Ms. Martin requested more time. Mr. Blair made a motion to grant an extension to October 18, 2016, seconded by Mr. Whitfield. Extension granted. Blair-y Chubinski-y Whitfield-y Housing Board of Appeals August 17, 2016 Page 10 of 11 26. 25 Massachusetts Ave Issue#EN16-02992 Code Compliance Officer: Elijah Martin Property owner, Mike Carr, present. Tom Engels, Senior Code Officer, stated the violations were noted during a property survey. Mr. Carr stated he needed a little more time. Mr. Whitfield made a motion to grant an extension to September 20, 2016, seconded by Mr. Blair. Extension granted. Blair-y Chubinski-y Whitfield-y 27. 57 Massachusetts Ave Issue#EN16-03019 Code Compliance Officer: Elijah Martin Property owner, not present. Mr. Whitfield made a motion to affirm the order as written due to no property owner present, seconded by Mr. Blair. Affirmed. Blair-y Chubinski-y Whitfield-y 28. 119 Surby Issue#EN16-05179 Code Compliance Officer: Elijah Martin Property owner, Richard Riley, present. Tom Engels, Senior Code Officer, stated the violations were noted during a rental inspection. Mr. Riley stated he is waiting for an eviction. Mr. Riley stated he does want to make the corrections. Mr. Blair made a motion to grant an extension to October 18, 2016, seconded by Mr. Whitfield. Extension granted. Blair-y Chubinski-y Whitfield-y 29. 12 Walnut Ave Issue#EN16-03126 Code Compliance Officer: Elijah Martin Property owner, Blanche Wilson, present. Tom Engels, Senior Code Officer, stated the violations were noted during Housing Board of Appeals August 17, 2016 Page 11 of 11 a property survey. Ms. Wilson stated she was seeking help and needed more time. Mr. Francisco stated SWIMCDC was planning on helping Ms. Wilson. Mr. Whitfield made a motion to grant an extension to October 18, 2016, seconded by Mr. Blair. Extension granted. Blair-y Chubinski-y Whitfield-y 30. 60 Winter Issue#EN16-01552 Code Compliance Officer: Elijah Martin Property owner, Terry Jordan, present. Tom Engels, Senior Code Officer, stated the violations were noted during a rental inspection. Mr. Jordan stated he needed some more time. Mr. Blair made a motion to grant an extension to September 20, 2016, seconded by Mr. Whitfield. Extension granted. Blair-y Chubinski-y Whitfield-y Public Comments: none Board and Staff Members Comments: Ms. Silkworth noted the paper work was out of order due to some rearranging of code officers. Mr. Francisco noted it was Senior Code Officer Jeanette Cooks last meeting due to retirement. Adjournment: 2:50pm 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