Board of Appeals

BOARD OF APPEALS HEARING MINUTES FEBRUARY 15, 2017 CITY HALL 10 N. DIVISION STREET COMMISSION CHAMBERS 3RD FLOOR – ROOM 301 BATTLE CREEK MI 49014 Call to Order: 1:00pm Roll Call for Board Members: Stan Chubinski, Eric Blair, Robert Whitfield, John Sims Staff Members Present: Jason Francisco, Code Compliance Manager; Don Wilkinson, Building Inspector; Tom Engels, Senior Code Officer; Yolanda Johnson, Code Officer; Lisa Silkworth, Secretary Additions/Deletions to the Agenda: none Approval of Minutes: Mr. Whitfield made a motion to approve the minutes from the January 18, 2017 meeting seconded by Mr. Sims. Approved All Yes Old Business: 1. 31 N Washington Issue#EN15-05908 Building Inspector: Don Wilkinson Property owner, not present. Don Wilkinson, Building Inspector, stated the owner is in the process of putting together plans but have not submitted anything as of yet. Mr. Sims made a motion to affirm the property as a Dangerous Building, seconded by Mr. Blair. Affirmed All Yes Dangerous Buildings Show Cause Hearings: a. 26 Annapolis (House) Issue#EN16-12139 Building Inspector: Don Wilkinson Property owner, not present. Don Wilkinson, Building Inspector, noted the property has been vacant for over 180 days, lacks utilities, and lacks property maintenance. Mr. Wilkinson Housing Board of Appeals February 15, 2017 Page 2 of 7 recommends affirming the property as a dangerous building. Mr. Whitfield made a motion to affirm the property as a Dangerous Building, seconded by Mr. Blair. Affirmed All Yes b. 29 Bartlett (House) Issue#EN16-12221 Building Inspector: Don Wilkinson Property owner, not present. Don Wilkinson, Building Inspector, noted the property has been vacant for over 180 days, lacks utilities, and lacks property maintenance. Mr. Wilkinson recommends affirming the property as a dangerous building. Mr. Whitfield made a motion to affirm the property as a Dangerous Building, seconded by Mr. Sims. Affirmed All Yes c. 91 Burr (House) Issue#EN16-12141 Building Inspector: Don Wilkinson Property owner, not present. Don Wilkinson, Building Inspector, noted the property has been vacant for over 180 days, lacks utilities, and lacks property maintenance. Mr. Wilkinson recommends affirming the property as a dangerous building. Mr. Blair made a motion to affirm the property as a Dangerous Building, seconded by Mr. Whitfield. Affirmed All Yes d. 488 Capital Ave NE (House) Issue#EN16-12142 Building Inspector: Don Wilkinson Property owner, not present. Don Wilkinson, Building Inspector, noted the property has been vacant for over 180 days, lacks utilities, and lacks property maintenance. Mr. Wilkinson recommends affirming the property as a dangerous building. Mr. Housing Board of Appeals February 15, 2017 Page 3 of 7 Sims made a motion to affirm the property as a Dangerous Building, seconded by Mr. Blair. Affirmed All Yes e. 74 Clay (House) Issue#EN16-12143 Building Inspector: Don Wilkinson Property owner, not present. Don Wilkinson, Building Inspector, noted the property has been vacant for over 180 days, lacks utilities, and lacks property maintenance. Mr. Wilkinson recommends affirming the property as a dangerous building. Mr. Sims made a motion to affirm the property as a Dangerous Building, seconded by Mr. Whitfield. Affirmed All Yes f. 71 College (House) Issue#EN16-12144 Building Inspector: Don Wilkinson Property owner, not present. Don Wilkinson, Building Inspector, noted the property has been vacant for over 180 days, lacks utilities, and lacks property maintenance. Mr. Wilkinson recommends affirming the property as a dangerous building. Mr. Sims made a motion to affirm the property as a Dangerous Building, seconded by Mr. Blair. Affirmed All Yes g. 174 N East Ave (House) Issue#EN16-12145 Building Inspector: Don Wilkinson Property owner, not present. Don Wilkinson, Building Inspector, noted the property has been vacant for over 180 days, lacks utilities, and lacks property maintenance. Mr. Wilkinson recommends affirming the property as a dangerous building. Mr. Sims made a motion to affirm the property as a Dangerous Building, seconded by Mr. Whitfield. Affirmed All Yes Housing Board of Appeals February 15, 2017 Page 4 of 7 h. 47 Eldred (House) Issue#EN16-12146 Building Inspector: Don Wilkinson Property owner, not present. Don Wilkinson, Building Inspector, noted the property has been vacant for over 180 days, lacks utilities, and lacks property maintenance. Mr. Wilkinson recommends affirming the property as a dangerous building. Mr. Blair made a motion to affirm the property as a Dangerous Building, seconded by Mr. Sims. Affirmed All Yes i. 135 E Emmett Issue#EN16-12199 Building Inspector: Don Wilkinson Property owner, not present. Don Wilkinson, Building Inspector, noted the property has been vacant for over 180 days, lacks utilities, and lacks property maintenance. Mr. Wilkinson recommends affirming the property as a dangerous building. Mr. Blair made a motion to affirm the property as a Dangerous Building, seconded by Mr. Whitfield. Affirmed All Yes j. 36 Ferndale Ct (House) Issue#EN16-12149 Building Inspector: Don Wilkinson Property owner, not present. Don Wilkinson, Building Inspector, noted the property has been vacant for over 180 days, lacks utilities, and lacks property maintenance. Mr. Wilkinson recommends affirming the property as a dangerous building. Mr. Sims made a motion to affirm the property as a Dangerous Building, seconded by Mr. Blair. Affirmed All Yes k. 401 W Goguac (House) Issue#EN16-12138 Building Inspector: Don Wilkinson Housing Board of Appeals February 15, 2017 Page 5 of 7 Property owner, not present. Don Wilkinson, Building Inspector, noted the property has been vacant for over 180 days, lacks utilities, and lacks property maintenance. Mr. Wilkinson recommends affirming the property as a dangerous building. Mr. Blair made a motion to affirm the property as a Dangerous Building, seconded by Mr. Sims. Affirmed All Yes l. 70 W Grand Circle (House) Issue#EN16-12150 Building Inspector: Don Wilkinson Property owner, not present. Don Wilkinson, Building Inspector, noted the property has been vacant for over 180 days, lacks utilities, and lacks property maintenance. Mr. Wilkinson recommends affirming the property as a dangerous building. Mr. Sims made a motion to affirm the property as a Dangerous Building, seconded by Mr. Whitfield. Affirmed All Yes m. 95 Highway (Garage Only) Issue#EN16-12222 Building Inspector: Don Wilkinson Property owner, Gregory Laporte, present. Jason Francisco, Code Compliance Manager, stated the property at 101 Highway was demolished using grant funds and the garage was included in the demolition. The garage is a shared garage and Mr. Laporte has granted access for the asbestos survey of the garage. Mr. Laporte has also granted permission to allow the demolition of the garage and there would be no lien placed on Mr. Laporte’s property. Asst. City Attorney Marcel Stoetzel the Board to clarify the agreement with Mr. Laporte. Mr. Laporte stated he would have the garage empty in one week. Mr. Sims made a motion to affirm the garage as a Dangerous Building, seconded by Mr. Whitfield. Affirmed. All Yes n. 101 Highway (Garage Only) Issue#EN16-12223 Building Inspector: Don Wilkinson Housing Board of Appeals February 15, 2017 Page 6 of 7 Property owner, not present. Don Wilkinson, Building Inspector, noted the garage should have been demolished when the house was taken down but was not due to it being a shared garage. Mr. Wilkinson recommends affirming the property as a dangerous building. Mr. Sims made motion to affirm the property as a Dangerous Building, seconded by Mr. Blair. Affirmed. All Yes New Business: 1. 316 Cliff St Issue#EN17-00434 Code Compliance Officer: Tom Engels Property owner, Camille Napilot and Tyrone Rios, present. Tom Engels, Senior Code Officer, stated the violations were noted were both interior and exterior. Mr. Rios stated he needed more time to complete the items. He is requesting 90 days as he is requesting help from the Pottawattamie Tribe. Mr. Rios stated he should he about the funding within thirty days. Mr. Sims made a motion to grant an extension for the roof and chimney to March 14, 2017, seconded by Mr. Blair. Extension granted. All Yes 2. 143 Hubbard Issue#EN16-12247 Code Compliance Officer: Yolanda Johnson Property owner, not present. Yolanda Johnson, Code Officer, stated the violations were exterior in nature and that the owner had applied for assistance thru the city. Mr. Whitfield made a motion to affirm the order due to no owner present, seconded by Mr. Sims, motion failed. Mr. Blair made a motion to grant an extension to March 14, 2017, seconded by Mr. Whitfield. Extension granted. 1st vote – Whitfield-n Sims-y Blair-n Chubinski-n 2nd vote – Blair-y Sims-n Blair-y Chubinski-y Housing Board of Appeals February 15, 2017 Page 7 of 7 Public Comments: none Board and Staff Members Comments: Mr. Chubinski questioned front yard parking. Mr. Whitfield questioned the plan of action requirements. Adjournment: 1:47pm 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