Board of Appeals

BOARD OF APPEALS HEARING NOTICE AND AGENDA December 16,2020 CITY HALL 10 N. DIVISION STREET VIA Zoom RD 3 FLOOR – ROOM 301 BATTLE CREEK MI 49014 Call to Order: 1:00pm Roll Call for Board Members: Eric Blair, John Sims, Peter Pontoni Staff Members Present: Jason Francisco, Code Compliance Manager; Don Wilkinson, Building Official; Angie Hubbard, Secretary Additions/Deletions to the Agenda: Approval of Minutes: Mr. Pontoni made a motion to approve the November 18,2020 minutes, seconded by Mr. Sims. Approved. Dangerous Buildings Show Cause Hearings: a. 221 Stringham Rd (House) Building Inspector: Don Wilkinson Property owner, Elario Alwad, present. Don Wilkinson, Building Official, stated this property has been vacant for some time. There are 2 houses on the property. The property in question is the home at the front of the property. Mr. Alwad stated that he is currently working on the home at the rear of the property and has pulled permits. There was an outbuilding on the property that was heavily damaged, and that structure has been removed. He has put OSB on the front house to secure it from the elements and trespassers. He is currently using the front house for storage of building supplies for the other home he is working on. Mr. Alwad stated he will eventually demolish the house at the front of the property. Mr. Pontoni questioned why the building can’t be used as storage and why it is considered a dangerous building. Mr. Wilkinson reminded the board that the home has already been affirmed as a Dangerous Building by the Dangerous Building Official. He stated that according to the Ordinance, it is still a Housing Board of Appeals December 16, 2020 Page 2 of 6 dangerous building. Mr. Wilkinson stated in its current condition, it is recommended the board affirm the property as a Dangerous Building as it was affirmed by the Dangerous Building Official. Mr. Sims motioned to affirm as written, seconded by Mr. Pontoni. Affirmed. b. 214 Calhoun St (House) Building Inspector: Don Wilkinson Property owner, Anthony Martuge, present. Don Wilkinson, Building Official, stated the property was heavily damaged by fire. He stated the current owner has applied for a permit to bring it back into compliance. In its current condition, Mr. Wilkinson recommended affirming the property as a Dangerous Building, and it was Affirmed by the Dangerous Building Official. Mr. Martuge stated that he is working to bring the property back to code, but would need more time. Mr. Blair asked how much more time Mr. Martuge would need. Mr. Martuge stated 60 days would be enough time. Mr. Wilkinson stated that the City works with property owners with permits pulled, and will continue working with Mr. Martuge. Mr. Blair asked if the property is affirmed as a Dangerous Building, will it change the requirements for compliance. Mr. Wilkinson stated it will not. Mr. Pontoni stated that he doesn’t geel the property fits the category of a Dangerous Building. Mr. Wilkinson stated until the property can be reinspected, it remains a Dangerous Building as affirmed by the Dangerous Building Official. Mr. Pontoni moved to grant Mr. Martuge a sixty day extension, seconded by Mr. Sims. Sixty day extension granted. c. 42 Whittier (House) Building Inspector: Don Wilkinson Property owner not present. Don Wilkinson, Building Official, stated the property was heavily damaged by fire and no permits have been applied for. In its current condition, Mr. Wilkinson recommended affirming the property as a Dangerous Building, and it was Affirmed by the Dangerous Building Official. Mr. Housing Board of Appeals December 16, 2020 Page 3 of 6 Sims motioned to affirm as written, seconded by Mr. Pontoni. Affirmed d. 60 Graves (House) Building Inspector: Don Wilkinson Property owner not present. Don Wilkinson, Building Official, stated the violations were found during a welfare check. The property is uninhabitable. The owners are working on cleaning it. In its current condition, Mr. Wilkinson recommended affirming the property as a Dangerous Building, and it was Affirmed by the Dangerous Building Official. Mr. Sims motioned to affirm as written, seconded by Mr. Pontoni. Affirmed e. 63 Merritt House) Building Inspector: Don Wilkinson Property owner not present. Don Wilkinson, Building Official, stated the violations were from a structure fire. No permits have been applied for. In its current condition, Mr. Wilkinson recommended affirming the property as a Dangerous Building, and it was Affirmed by the Dangerous Building Official. Mr. Sims motioned to affirm as written, seconded by Mr. Pontoni. Affirmed f. 178 Harris (House) Building Inspector: Don Wilkinson Property owner not present. Don Wilkinson, Building Official, stated the violations were the result of a Police call. The property was found to be uninhabitable. In its current condition, Mr. Wilkinson recommended affirming the property as a Dangerous Building, and it was Affirmed by the Dangerous Building Official. Mr. Sims motioned to affirm as written, seconded by Mr. Pontoni. Affirmed g. 132 Lafayette (House) Building Inspector: Don Wilkinson Property owner not present. Don Wilkinson, Building Official, stated the property was heavily damaged by fire. No permits have been applied for. In its current Housing Board of Appeals December 16, 2020 Page 4 of 6 condition, Mr. Wilkinson recommended affirming the property as a Dangerous Building, and it was Affirmed by the Dangerous Building Official. Mr. Sims motioned to affirm as written, seconded by Mr. Pontoni. Affirmed h. 199 Highland Ave (House) Building Inspector: Don Wilkinson Property owner, Gail Mitchell, present. Don Wilkinson, Building Official, stated the violations were the result of a fire. No permits have been applied for. Ms. Mitchell stated that last week, they were finally able to settle with the insurance company. They had a few quotes from contractors to repair the property, but the cost far exceeds the insurance settlement. Ms. Mitchell stated they are going to demolish the property. She has already had the asbestos survey completed, and has been in contact with Markos Demolition to do the demo. Mr. Wilkinson stated in its current condition, he recommends affirming the property as a Dangerous Building, and it was Affirmed by the Dangerous Building Official. Mr. Sims motioned to affirm as written, seconded by Mr. Pontoni. Affirmed i. 75 Frisbie (House) Building Inspector: Don Wilkinson Property owner not present. Don Wilkinson, Building Official, stated the property was damaged by fire. No permits have been applied for. In its current condition, Mr. Wilkinson recommended affirming the property as a Dangerous Building, and it was Affirmed by the Dangerous Building Official. Mr. Sims motioned to affirm as written, seconded by Mr. Pontoni. Affirmed j. 223 Winter St (House) Building Inspector: Don Wilkinson Property owner not present. Don Wilkinson, Building Official, stated the property has been vacant and totally gutted on the inside. No permits have been applied for. In its current condition, Mr. Wilkinson Housing Board of Appeals December 16, 2020 Page 5 of 6 recommended affirming the property as a Dangerous Building, and it was Affirmed by the Dangerous Building Official. Mr. Sims motioned to affirm as written, seconded by Mr. Pontoni. Affirmed k. 124 Greenwood (House) Building Inspector: Don Wilkinson Property owner not present. Don Wilkinson, Building Official, stated the violation were the result of a fire. The owners are currently working with their insurance company for settlement. In its current condition, Mr. Wilkinson recommended affirming the property as a Dangerous Building, and it was Affirmed by the Dangerous Building Official. Mr. Sims motioned to affirm as written, seconded by Mr. Pontoni. Affirmed l. 54 Keith Dr (House) Building Inspector: Don Wilkinson Property owner not present. Don Wilkinson, Building Official, stated the property was heavily damaged by fire. No permits have been applied for. In its current condition, Mr. Wilkinson recommended affirming the property as a Dangerous Building, and it was Affirmed by the Dangerous Building Official. Mr. Sims motioned to affirm as written, seconded by Mr. Pontoni. Affirmed m. 193 Oneita St (House) Building Inspector: Don Wilkinson Property owner not present. Don Wilkinson, Building Official, stated the property has been vacant since 2011. Previous owners have applied for permits on and off, and the property is currently in the Court process. There are no current permits for this property. In its current condition, Mr. Wilkinson recommended affirming the property as a Dangerous Building, and it was Affirmed by the Dangerous Building Official. Mr. Sims motioned to affirm as written, seconded by Mr. Pontoni. Affirmed New Business: No new business Housing Board of Appeals December 16, 2020 Page 6 of 6 Public Comments: None Board and Staff Members Comments: Jason Francisco, Code Compliance Manager, stated that Mr. Blair and Mr. Sims seat on the board is due to expire February 2021. He appreciates the time and energy they have spent sitting on the board. Mr. Francisco requested both Mr. Blair and Mr. Sims agree to extend their term on the board so that the City Commission may vote on it. Mr. Blair and Mr. Sims both agreed to extend their term. Adjournment: 1:36pm 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 /adh