Board of Appeals

BOARD OF APPEALS HEARING NOTICE AND AGENDA November 17, 2021 VIA Zoom Call to Order: 1:06pm Roll Call for Board Members: Eric Blair, John Sims, LE Johnson All were present from Battle Creek, MI, other than John Sims, who attended the meeting from Emmet Township MI Staff Members Present: Jason Francisco, Code Compliance Manager; Don Wilkinson, Building Official; Angie Hubbard, Secretary All present from Battle Creek MI Additions/Deletions to the Agenda: None Approval of Minutes: Mr. Sims made a motion to approve the July 21, 2021 minutes, seconded by Mr. Johnson. Approved. Dangerous Buildings Show Cause Hearings: a. 421 Capital Ave SW (House) Building Inspector: Don Wilkinson Property owner not present. Don Wilkinson, Building Official, stated the property has been registered vacant since 2019. A Stop Work Order was posted at the property as it has been gutted with no permits issued. Mr. Wilkinson stated the property was affirmed as a Dangerous Building by the Dangerous Building Official. In its current condition, Mr. Wilkinson recommended affirming the property as a Dangerous Building. Mr. Sims motioned to affirm as written, second by Mr. Johnson. Affirmed b. 745 Michigan Ave W (House) Building Inspector: Don Wilkinson Property owner, David Becke, present. Mr. Becke attended the meeting from Battle Creek, MI. Don Wilkinson, Building Official, stated a car ran into the building, causing heavy damage. He has spoken with the owner and they are in the process of acquiring a contractor to demolish the structure. The owner informed Mr. Wilkinson that they are having difficulty securing a contractor for the job. Mr. Becke affirmed that they have been trying to find a contractor to Housing Board of Appeals July 21, 2021 Page 2 of 4 demolish the structure. Mr. Blair asked if being affirmed as a Dangerous Building would stop the ability to continue with the demolition process. Mr. Wilkinson stated that it would not. Mr. Becke asked if they could not find a contractor if they were able to apply for and do the demo work themselves. Mr. Wilkinson stated they are able to do so. Mr. Wilkinson stated the property was affirmed as a Dangerous Building by the Dangerous Building Official. In its current condition, Mr. Wilkinson recommended affirming the property as a Dangerous Building. Mr. Sims motioned to affirm as written, second by Mr. Johnson. Affirmed c. 1533 Goguac St W (House) Building Inspector: Don Wilkinson Property owner not present. Don Wilkinson, Building Official, stated the property was heavily damaged by fire. He also stated that the property has sold and the new owners have applied for permits to make repairs. Mr. Wilkinson stated the property was affirmed as a Dangerous Building by the Dangerous Building Official. In its current condition, Mr. Wilkinson recommended affirming the property as a Dangerous Building. Mr. Sims motioned to affirm as written, second by Mr. Johnson. Affirmed d. 4 22nd St S (House) Building Inspector: Don Wilkinson Property owner not present. Don Wilkinson, Building Official, stated the commercial structure was heavily damaged by fire. Mr. Wilkinson has had contact with the owners who are having difficulty getting a contractor to demolish the structure, but do plan on demolishing the structure. The property was affirmed as a Dangerous Building by the Dangerous Building Official. In its current condition, Mr. Wilkinson recommended affirming the property as a Dangerous Building. Mr. Sims motioned to affirm as written, second by Mr. Johnson. Affirmed Housing Board of Appeals July 21, 2021 Page 3 of 4 e. 118 Nelson (House) Building Inspector: Don Wilkinson Property owner not present Don Wilkinson, Building Official, stated the property was damaged by fire. The property owners are also having a difficult time finding a demolition contractor to do the work, so they may complete the work themselves. The property was affirmed as a Dangerous Building by the Dangerous Building Official. In its current condition, Mr. Wilkinson recommended affirming the property as a Dangerous Building. Mr. Sims motioned to affirm as written, second by Mr. Johnson. Affirmed. f. 111 Oaklawn Ave (House) Building Inspector: Don Wilkinson Property owner, Michelle McBride, present. Ms. McBride attended the meeting from Battle Creek, MI. Don Wilkinson, Building Official, stated the property was heavily damaged by fire and has recently sold. No permits have been applied for to bring back into compliance. Ms. McBride stated that the property had not sold. She has a contract with Ace Demolition to demolish the structure. The asbestos report has been completed. Mr. Wilkinson stated the property was affirmed as a Dangerous Building by the Dangerous Building Official. In its current condition, Mr. Wilkinson recommended affirming the property as a Dangerous Building. Mr. Sims motioned to affirm as written, second by Mr. Johnson. Affirmed. New Business: 58 Hazel (House) Issue #EN21-05178 Compliance Officer: Yolanda Johnson. Mr. Jason Francisco spoke on behalf of Ms. Johnson. Homeowner, Romemary Keagle, present. Jason Francisco stated the appeal was the result of a complaint called in from September 2021. He stated the complaint of windows in disrepair was confirmed by Ms. Johnson. Ms. Keagle stated that two windows are damaged. One window had a portable a/c vent sticking out of it, and the other window was damaged as she tried to take it out to Housing Board of Appeals July 21, 2021 Page 4 of 4 put a window unit in it. Ms. Keagle has hired a contractor to replace 2 windows. She also stated the window on the front of the home has been repaired. Mr. Francisco suggested a 60 day extension as long as Ms. Keagle could provide a copy of the contract with the contractor. Ms. Keagle agreed. Mr. Francisco stated that Ms. Keagle will not need to attend another meeting as long as the contract is received. Ms. Keagle asked if it is against Code to run an a/c vent out the window. Mr. Francisco stated it is not. Mr. Sims motioned to grant a 60 day extension, second by Mr. Johnson. 60 day extension granted. Public Comments: None Board and Staff Members Comments: None Adjournment: 1:30pm 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 /adh