Board of Appeals
Regular MeetingBattle Creek, MI · November 16, 2016
Minutes
BOARD OF APPEALS
HEARING NOTICE AND AGENDA
NOVEMBER 16, 2016
CITY HALL
10 N. DIVISION STREET
COMMISSION CHAMBERS
3RD FLOOR – ROOM 301
BATTLE CREEK MI 49014
Call to Order: 1:03pm
Roll Call for Board Members: Stan Chubinski, Robert Whitfield, Kara Werner, Eric Blair, John Sims
Staff Members Present: Jason Francisco, Code Compliance Manager; Eric Morris, Senior Code
Officer; Tom Engels, Senior Code Officer; Yolanda Johnson, Code Officer; Jacqueline Slaby, Code
Officer; Lisa Silkworth, Secretary
Additions/Deletions to the Agenda: Remove 537 Hamblin and 317 Pleasantview
Approval of Minutes: Mr. Blair made a motion to approve the minutes from the October 19, 2016
meeting, seconded by Mr. Sims. Approved.
All Yes
Old Business:
a. 194 Bradley – 2nd Appeal
Issue#EN16-05457
Code Compliance Officer: Eric Morris
Property owner, Mark Wells, present. Eric Morris, Senior Code Officer, stated this was
a second appeal and the property is in the same condition. Mr. Wells stated he has a
contract with Kenny Lee Builders to do the work but needs more time. Mr. Blair made a
motion to grant an extension to January 17, 2017, seconded by Mr. Whitfield.
Extension Granted.
All Yes
b. 67 East Ave S – 2nd Appeal
Issue#EN16-05617
Code Compliance Officer: Tom Engels
Property owner, Darlene Morris for Roja Settles, present. Tom Engles, Senior Code
Officer, noted this was a second appeal and the violations were noted during a rental
inspection. Ms. Morris stated they are requesting more time due to financial difficulties.
Housing Board of Appeals
November 16, 2016
Page 2 of 6
Mr. Engels recommended a sixty-day extension. Ms. Werner made a motion to grant
an extension to January 17, 2017, seconded by Mr. Whitfield. Extension granted.
All Yes
Dangerous Buildings Show Cause Hearings: none
New Business:
1. 537 Hamblin Ave
Issue#EN16-10137
Code Compliance Officer: Todd Nowicki
Removed
2. 47 East Ave N
Issue#EN16-09072
Code Compliance Officer: Yolanda Johnson
Property owner, Jonathan Krause, present. Yolanda Johnson, Code
Officer, stated the violations were exterior and some roof repairs had been
done. Mr. Krause stated the time frame was not enough but he was able
to get the work done. Ms. Johnson stated the work was done and no
extension was needed.
3. 199 Garrison Ave
Issue#EN16-09167
Code Compliance Officer: Yolanda Johnson
Property owner, not present. Yolanda Johnson, Code Officer, stated no
work had been done but she had spoken with the owner and the owner
intended to complete the work by April 2017. Ms. Johnson noted the
original complete by date was April 17, 2017. Mr. Whitfield made a motion
to affirm the order as written, seconded by Ms. Werner. Affirmed.
All Yes
4. 100 Maple Terrance
Issue#EN16-09222
Code Compliance Officer: Yolanda Johnson
Property owner, not present. Ms. Werner made a motion to affirm the
order as written due to no owner present, seconded by Mr. Blair.
Affirmed
All Yes
Housing Board of Appeals
November 16, 2016
Page 3 of 6
5. 60 Magnolia Ave
Issue#EN16-09193
Code Compliance Officer: Yolanda Johnson
Property owner, not present. Ms. Werner made a motion to affirm the
order as written due to no owner present, seconded by Mr. Sims.
Affirmed
All Yes
6. 354 Capital Ave SW
Issue#EN16-10331
Code Compliance Officer: Jacqueline Slaby
Property owner, Lisa Uptgraft, present. Jacqueline Slaby, Code Officer,
stated the exterior violations were noted during a proactive enforcement.
Ms. Uptgraft stated they need more time to have the money to make the
repairs. Mr. Francisco noted that a permit would need to be pulled and
that would allow more time. Ms. Uptgraft stated they could pull a permit
within thirty days. Mr. Blair made a motion to grant an extension to
December 20, 2016, seconded by Mr. Whitfield. Extension granted.
All Yes
7. 309 Sherman Rd
Issue#EN16-09855
Code Compliance Officer: Jacqueline Slaby
Property owner, Joval Bynum, present. Jacqueline Slaby, Code Officer,
stated the violations were exterior in nature. Mr. Bynum stated he needed
more time to save the money to make the repairs. Mr. Blair noted if Mr.
Bynum pulled a permit the time would be extended. Mr. Blair made a
motion to grant an extension to December 20, 2016, seconded by Mr.
Whitfield. Extension granted.
All Yes
8. 27 Traverse
Issue#EN16-09896
Code Compliance Officer: Jacqueline Slaby
Property owner, not present. Mr. Blair made a motion to affirm the order
as written due to no owner present, seconded by Mr. Sims.
Affirmed
All Yes
Housing Board of Appeals
November 16, 2016
Page 4 of 6
9. 186 Upton
Issue#16-10325
Code Compliance Officer: Jacqueline Slaby
Property owner, Darlene Morris for Roja Settles, present. Jacqueline
Slaby, noted the exterior violations were made during a property survey.
Ms. Morris stated they needed more time to fix the roof and gutters. Ms.
Morris stated roof estimates were requested. Ms. Slaby stated it was the
gutters that needed repair or removal. Mr. Blair made a motion to grant an
extension to December 20, 2016, seconded by Mr. Whitfield. Extension
granted.
All Yes
10. 2401 Watkins Rd
Issue#EN16-10732
Code Compliance Officer: Jacqueline Slaby
Property owner, Eric Dilts, present. Jacqueline Slaby, Code Officer,
stated the violations were exterior and noted during a property survey. Mr.
Dilts stated the barn is 100 years old and is quite large. Mr. Dilts wants
more time. Mr. Dilts stated it is very costly to make repairs and he has not
decided whether he wants to demolish it or repair it. The Board discussed
the options for repairs and time frames. M. Whitfield made a motion to
grant an extension to February 14, 2017, seconded by Mr. Sims.
Extension granted.
All Yes
11. 237 Laurel Dr
Issue#EN16-06688
Code Compliance Officer: Eric Morris
Property owner, Rebecca Palmer, present. Eric Morris, Senior Code
Officer, stated the violations were exterior and noted during a property
survey. Ms. Palmer stated they need more time to afford the roof repairs.
Ms. Palmer stated they will repair the steps but they need to save money
for the roof. Mr. Morris stated the roof was in disrepair and had vegetation
growing on it. Mr. Sims noted there was assistance available. Mr. Sims
made a motion to grant an extension to January 17, 2017, seconded by
Mr. Whitfield. Extension granted.
All Yes
Housing Board of Appeals
November 16, 2016
Page 5 of 6
12. 415 N McKinley
Issue#EN16-06720
Code Compliance Officer: Eric Morris
Property owner, Deborah Johnson, present. Eric Morris, Senior Code
Officer, stated the violations were exterior. Ms. Johnson stated she has
made some garage repairs but the garage roof is in disrepair. Ms.
Johnson stated she needs more time and cannot afford the repair afford
the repairs at this time. Ms. Johnson needs more time. Mr. Whitfield
made a motion to grant an extension to January 17, 2017, seconded by
Mr. Blair. Extension granted.
All Yes
13. 45 Morley St
Issue#EN16-06727
Code Compliance Officer: Eric Morris
Property owner, Marilyn Reneau for Mike Reneau, present. Eric Morris,
Senior Code Officer, stated the violations were exterior. Ms. Reneau
stated some repairs had been made already. Ms. Reneau stated they
need more time. Mr. Morris clarified that the exterior needed to be
painted. Ms. Werner made a motion to affirm the order as written,
seconded by Mr. Sims. Affirmed.
All Yes
14. 317 Pleasantview Dr
Issue#EN16-06784
Code Compliance Officer: Eric Morris
Removed
15. 406 Pleasantview Dr
Issue#EN16-06810
Code Compliance Officer: Eric Morris
Property owner, Nina Stravers, present. Eric Morris, Senior Code Officer,
stated the violations were exterior in nature. Ms. Stravers stated she has
the supplies but needs more time to complete it. Mr. Sims made a motion
to affirm the order as written, seconded by Mr. Whitfield. Affirmed.
All Yes
Mr. Whitfield had to leave.
Housing Board of Appeals
November 16, 2016
Page 6 of 6
16. 15 Ridgemoor
Issue#EN14-26015
Code Compliance Officer: Eric Morris
Property owner, Tony Ogden, present. Eric Morris, Senior Code Officer,
stated the violations were both exterior and interior but progress has been
made on the exterior. Mr. Ogden stated he plans on making all
corrections by May 18, 2017. Ms. Werner made a motion to grant an
extension to December 20, 2016, seconded by Mr. Sims. Extension
granted.
All Yes
Public Comments: none
Board and Staff Members Comments: Mr. Chubinski questioned the appeal fee. Mr. Blair
questioned the difference between residential and agricultural.
Adjournment: 2:30pm
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
Agenda
BOARD OF APPEALS
HEARING NOTICE AND AGENDA
NOVEMBER 16, 2016
CITY HALL
10 N. DIVISION STREET
COMMISSION CHAMBERS
3RD FLOOR – ROOM 301
BATTLE CREEK MI 49014
Call to Order:
Roll Call for Board Members:
Staff Members Present:
Additions/Deletions to the Agenda:
Approval of Minutes:
Old Business:
a. 194 Bradley – 2nd Appeal
Issue#EN16-05457
Code Compliance Officer: Eric Morris
b. 67 East Ave S – 2nd Appeal
Issue#EN16-05617
Code Compliance Officer: Tom Engels
Dangerous Buildings Show Cause Hearings: none
New Business:
1. 537 Hambiln Ave
Issue#EN16-10137
Code Compliance Officer: Todd Nowicki
Removed
2. 47 East Ave N
Issue#EN16-09072
Code Compliance Officer: Yolanda Johnson
Housing Board of Appeals
November 16, 2016
Page 2 of 3
3. 199 Garrison Ave
Issue#EN16-09167
Code Compliance Officer: Yolanda Johnson
4. 100 Maple Terrance
Issue#EN16-09222
Code Compliance Officer: Yolanda Johnson
5. 60 Magnolia Ave
Issue#EN16-09193
Code Compliance Officer: Yolanda Johnson
6. 354 Capital Ave SW
Issue#EN16-10331
Code Compliance Officer: Jacqueline Slaby
7. 309 Sherman Rd
Issue#EN16-09855
Code Compliance Officer: Jacqueline Slaby
8. 27 Traverse
Issue#EN16-09896
Code Compliance Officer: Jacqueline Slaby
9. 186 Upton
Issue#16-10325
Code Compliance Officer: Jacqueline Slaby
10. 2401 Watkins Rd
Issue#EN16-10732
Code Compliance Officer: Jacqueline Slaby
11. 237 Laurel Dr
Issue#EN16-06688
Code Compliance Officer: Eric Morris
12. 415 N McKinley
Issue#EN16-06720
Code Compliance Officer: Eric Morris
Housing Board of Appeals
November 16, 2016
Page 3 of 3
13. 45 Morley St
Issue#EN16-06727
Code Compliance Officer: Eric Morris
14. 317 Pleasantview Dr
Issue#EN16-06784
Code Compliance Officer: Eric Morris
Removed
15. 406 Pleasantview Dr
Issue#EN16-06810
Code Compliance Officer: Eric Morris
16. 15 Ridgemoor
Issue#EN14-26015
Code Compliance Officer: Eric Morris
Public Comments:
Board and Staff Members Comments:
Adjournment:
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
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