Board of Appeals

CITY OF HENDERSON BOARD OF APPEALS REGULAR MEETING MINUTES Thursday, September 26, 2019 I. CALL TO ORDER Chairman Rocco Prock called the City of Henderson Building and Fire Safety Board of Appeals meeting to order at 10:00 a.m., in the Council Chambers Conference Room, 240 Water Street, Henderson, Nevada. II. CONFIRMATION OF POSTING AND ROLL CALL Emilie Wiemer, Administrative Assistant III, confirmed the Building and Fire Safety Board of Appeals special meeting had been noticed in compliance with the Nevada Open Meeting Law by posting the Agenda three working days prior to the meeting at City Hall, the Multigenerational Center, the Whitney Ranch Recreation Center, Fire Station No. 86, the Nevada Public Notice Website, the City of Henderson Website, and by mailing and emailing a copy of the Agenda to everyone appearing thereon on the Agenda Master Mailing List and Email List. PRESENT: Chairman Rocco Prock Chris Bless Kirk Brynjulson David Pasquinelli (via telephone) ABSENT: Kevin Robinson (excused) Victor Vincent (excused) Allyn Vaughn STAFF: Scott Anderson, Code Enforcement Officer Victoria Dasis, Deputy City Clerk Arben Dema, Assistant Manager of Inspection Services Eddie Dichter, Planning Manager Andre Dixon, Deputy City Clerk Wade Gochnour, Assistant Attorney III Michael Kidd, City Surveyor Ian Massy, Senior Code Enforcement Officer Majid Pakniat, Assistant Director of Building and Fire Safety Emilie Wiemer, Administrative Assistant III Board of Appeals Page 2 of 5 Thursday, September 26, 2019 – Minutes GUESTS: Jeffrey DeHart, appellant Ken DeHart, representing appellant Albert Jankowiak Amanda Kern, Assistant Attorney III Albert Marquez Allison VanDusen III. PUBLIC COMMENT There were no public comments presented. IV. ACCEPTANCE OF AGENDA (Motion) Mr. Brynjulson introduced a motion to accept the agenda as presented. The vote favoring approval was unanimous. Chairman Prock declared the motion carried. V. NEW BUSINESS NB-1 MINUTES BOARD OF APPEALS MEETING MAY 21, 2019 BUILDING & FIRE SAFETY Board of Appeals meeting minutes of May 21, 2019. (Motion) Mr. Brynjulson introduced a motion to adopt the Board of Appeals meeting minutes of May 21, 2019, as presented. The vote favoring approval was unanimous. Chairman Prock declared the motion carried. NB-2 CONSIDERATION OF APPEAL FOR 719 NORTH PARAWAN STREET NOTICE OF ORDER OF CODE ENFORCEMENT APPELLANT: JEFFREY DEHART Conduct a hearing on the Notice of Order of Code Enforcement (Notice to Abate dated 09/03/2019) for 719 North Parawan Street, Henderson, Nevada 89015, make a determination of whether to uphold or reverse the Notice to Abate, and approve the issuance of a written decision of the Board based upon the evidence presented. Board of Appeals Page 3 of 5 Thursday, September 26, 2019 – Minutes Wade Gochnour, Assistant City Attorney III, explained that this meeting is not a court hearing and should be considered as an informal procedure based on facts, evidence, and statements. Mr. Gochnour said matters to be discussed shall align with Title 15 of the Henderson Municipal Code, and that the decision of the Board must be issued within 30 calendar days at the conclusion of this appeal. Ian Massy, Senior Code Enforcement Officer, stated the City was notified on February 4, 2019, of illegal grading and stockpiling operations; altered grading on Parawan Street; a right-of-way impact on Magic Way; and added structures to the property that encroached onto City property. Mr. Massy said Code Enforcement officers visited the property several times and served notices to the property owner regarding the impacts, which ultimately led to the Notice to Abate dated September 3, 2019. He stated the resident has not applied for permits or has made any substantial efforts on the property to correct the incompliances. Mr. Massy stated the property owner has provided written statements admitting to the shipping containers encroachment and the grading/fill operations; however, as recently as yesterday, the property owner continued to alter the grading of the property without having appropriate permits or inspections. Michael Kidd, City Surveyor, provided a detailed summary of the various incompliances. The Board reviewed photos of the property while City staff described the infractions. As requested by Chairman Prock, Scott Anderson, Code Enforcement Officer, clarified that this appeal relates to the landfills that encroach onto City property on Parawan Street and Berlin Avenue, and a shipping container encroachment on the City’s right-of-way. Following an inquiry by Mr. Brynjulson regarding the length of time the shipping containers have been on City property, Mr. Massy said he believes the encroachment began in 2014. Following in an inquiry by Chairman Prock regarding the grading along the rights-of-way, Mr. Massy stated the rights-of-way on Berlin Avenue and Magic Way were defined by a natural grade up until 2011 when he believes they were altered. Jeffrey DeHart, the appellant, said the excavation company he hired two years ago was supposed to obtain the grading and stockpiling permits and they are currently in the process of getting the permits now. He further explained that he was unaware of the details for the permitting process. Board of Appeals Page 4 of 5 Thursday, September 26, 2019 – Minutes Following an inquiry by Mr. Brynjulson regarding the Appellant’s grading, Majid Pakniat, Assistant Director of Building and Fire Safety, said staff will review the grading plans for geotechnical and structural purposes. Mr. Pakniat stated there is no grading allowed on the property line. A discussion ensued regarding the grading plan. Mr. Massy stated the City was prepared to abate the fill dirt and remove the shipping container before the appeal was submitted. He said if the Appellant does receive the proper permits, the City would not pursue the abatement. Mr. Gochnour explained that if the Board wishes to uphold the decision to abate, the Appellant will be given a period of time to complete the abatement himself, per Title 15. He further clarified that the City may grant an extension of time on the set timeframe if the Appellant has made significant efforts to be in compliance. Following a request by Jeffrey DeHart to clarify the Notice to Abate for all shipping containers, Mr. Massy said this item would require the Appellant to remove the one shipping container in the right-of-way. Eddie Dichter, Planning Manager, stated all containers were indicated in the Notice to Abate because each shipping container will need a permit, per Title 19, which is unrelated to this item. Ken DeHart, representing the Appellant, stated that he and his son understood the Notice to Abate was to remove all shipping containers and fill dirt. He stated they submitted an appeal to obtain more time for the removal. Mr. Gochnour clarified Title 15 versus Title 19 requirements and stated this Board will only consider and vote on Title 15 violations. Ken DeHart stated his son will correct the shipping container encroachment and fill violations. (Motion) Mr. Brynjulson introduced a motion to approve the uphold of Notice to Abate dated September 3, 2019. The vote favoring approval was unanimous. Chairman Prock declared the motion carried. Mr. Gochnour read into the record the written decision of the Board. (Motion) Mr. Brynjulson introduced a motion to approve the issuance of a written decision. The vote favoring approval was unanimous. Chairman Prock declared the motion carried. Board of Appeals Page 5 of 5 Thursday, September 26, 2019 – Minutes VI. CHAIRMAN\MEMBER COMMENTS There were no Chairman\Member comments presented. VII. SET NEXT MEETING A meeting was not scheduled. VIII. PUBLIC COMMENT There were no public comments presented. IX. ADJOURNMENT There being no further business to come before the Board, Chairman Prock adjourned the meeting at 11:03 a.m. Respectfully submitted, _________________________ Victoria Dasis, Deputy City Clerk