Housing Board of Appeals Minutes 06-01-2006

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                                  CITY OF MUSKEGON
                          MUSKEGON HOUSING BOARD OF APPEALS
                                  MEETING MINUTES
                                       06/01/06
                                        5:30PM



ATTENDANCE:                 Randy Mackie, Jon Rolewicz, Ed Simmons, Kirk Kolberg, Nick
                            Kroes

ABSENT:                     Greg Borgman

EXCUSED:                    Chris Carter(late),


STAFF:                      Carmen Smith, Don LaBrenz, Jim Hoppus, Anthony Kleibecker,
                            Major Metcalf, Ken Murar


GUESTS:                     Michael & Theresa Bernhardt(2346 Wickham)


Meeting minutes: A motion was made by Randy Mackie and seconded by Nick Kroes
to approve the April 2006 minutes.

A roll call vote was taken:

AYES:                       NAYES:                      EXCUSED:                    ABSENT:
                                                                                    Greg Borgman

Randy Mackie
Jon Rolewicz
Nick Kroes
                                                        Chris Carter(late)

Ed Simmons
Kirk Kolberg

Motion carried.




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EN-060006- 885 Amity (Garage) – Billdeb LLC , 3438 Ross, Muskegon, MI 49445
Removed from agenda.

EN-060025 – 621 Leonard – Marshall Redder – 3960 30th St SW, Grandville, MI
49418 – Removed from agenda.

EN-060015 – 1451 Park – Marshall Redder – 3960 30th St. SW, Grandville, MI
49418 – Removed from agenda.

PROPERTY MAINTENANCE CODE APPEAL CASES:

2346 Wickham, Mike Bernhardt, 2259 S. Hilltop Dr., Muskegon, MI 49441

Mike and Theresa Bernhardt were present to represent case.

Anthony Kleibecker stated this case was a result of an inspection conducted 10/11/05,
there were 19 violations and the Bernhardt’s are appealing item #5, and item #16.
Don LaBrenz stated the two items Mr. Bernhardt is appealing, the property
maintenance code requires a ½ inch drywall on the garage side of any wall that abuts
or joins any dwelling unit and the other one is styrofoam on the basement wall that is
covered over with masonite paneling. The property maintenance code is clear on both
issues. The drywall is there in the event there is a fire in the garage, it basically saves
the house. The other issue of styrofoam in the basement or any place within the
dwelling unit has never been a permitted practice under any building code in the State
of Michigan unless it’s covered by a 15 minute thermo barrier which means ½ inch
drywall. Ed Simmons asked when the house was purchased and Mr. Bernhardt
responded 1990 the house was purchased and the house was inspected and neither
of the 2 issues were noted at that time. Ed Simmons asked if it was a rental at that
time. Mr. Bernhardt said no, they were the second owners and they moved 3 years
ago and was unable to sell it so decided to rent it and the tenant that occupies the
house now has shown interest in purchasing it. Mr. Bernhardt said the basis for his
appeal is because the home has remained the same since he purchased it and he
showed pictures of the breezeway between house and garage and it has the original
mahogany wood paneling. Ed Simmons asked when did it become a rental, was it
inspected as a legal rental unit. Mr. Bernhardt said when the home became a rental
the City of Muskegon Housing Inspection Department was not operational due to
budget cuts and never went thru that process. Mr. Bernhardt said they received a
notice that the property was to be inspected but on that date no one showed up and
he called and was told the Department wasn’t doing the inspections anymore. Randy
Mackie stated changes/adjustments could me made easily to meet the code. Mr.
Bernhardt said this was the condition of the house when built and was inspected
before and no one brought these items to his attention then and doesn’t understand
why it’s an issue today. Jon Rolewicz said it was a fire hazard then and now. Mrs.
Bernhardt disputed the breezeway being part of the square footage of home and feels
there is enough barrier between garage and the home and was accepted per the

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building code in 1950 when addition was added. Don LaBrenz said they can’t address
what was not caught during a prior inspection in 1990. Nick Kroes said since it’s now
a rental a second look has to be taken for safety. Anthony Kleibecker said since there
has been a change of use from an owner occupied dwelling to a rental it then
becomes an issue. Nick Kroes said the role of the Housing Board of Appeals is to
look at what the rules are we can’t rewrite the rules. Jon Rolewicz said this board
rarely handles property maintenance cases because they are pretty much cut and dry
as the law states. Mr. Bernhardt said their position is the property passed inspections
before and shouldn’t be a problem now. Jon Rolewicz said unfortunately it was
missed before but now we have no choice but to address the issues.

Staff Recommendation: Deny items #5 & #16

Motion made by Randy Mackie and seconded by Ed Simmons to accept staff
recommendation.

A roll call vote was taken:

AYES:                       NAYES:             EXCUSED:                    ABSENT:

                                                                           Greg Borgman

Randy Mackie
Jon Rolewicz
Nick Kroes
Chris Carter
Ed Simmons
Kirk Kolberg


Motion carried.

DANGEROUS BUILDING NEW CASES

EN-060019 - 1168 Ambrosia(Garage), Arthur/Ricky Jackson, 20214 Lions Gate
Ln, Humble TX 77338

No one was present to represent case.

Anthony Kleibecker showed board pictures of garage and said nothing has changed.

Staff Recommendation: Declare the building substandard, a public nuisance, and
dangerous building.

Motion made by Nick Kroes and seconded by Randy Mackie to accept staff
recommendation.

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A roll call vote was taken:

AYES:                       NAYES:                      EXCUSED:                    ABSENT:

                                                                                    Greg Borgman

Randy Mackie
Jon Rolewicz
Nick Kroes
Chris Carter
Ed Simmons
Kirk Kolberg

Motion carried.

EN-060016 – 698 Amity – Bryce Peters Financial Corp, 600 N. Kings Hwy #122,
Cherry Hill, NJ 08034

No one was present to represent case.

Anthony Kleibecker showed pictures and reviewed case.

Staff Recommendation: Declare the building substandard, a public nuisance, and
dangerous building.

Motion made by Nick Kroes and seconded by Randy Mackie to accept staff
recommendation.

A roll call vote was taken:

AYES:                       NAYES:                      EXCUSED:                    ABSENT:
                                                                                    Greg Borgman

Randy Mackie
Jon Rolewicz
Nick Kroes
Chris Carter

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Ed Simmons
Kirk Kolberg

Motion carried.

EN-060014 – 1608 Elwood – Robert J. Smith, 1608 Elwood St, Muskegon, MI
49442

No one was present to represent case.

Anthony Kleibecker stated everyone was properly noticed and there has been no
contact from the owner he added the property looks really bad and a blight on the
neighborhood.

Staff Recommendation: Declare the building substandard, a public nuisance, and
dangerous building.

Motion made by Nick Kroes and seconded by Randy Mackie to accept staff
recommendation.

A roll call vote was taken:

AYES:                       NAYES:             EXCUSED: ABSENT:                               ABSTENTION

                                                                  Greg Borgman

Randy Mackie
Jon Rolewicz
Nick Kroes
Chris Carter
                                                                                              Ed Simmons
Kirk Kolberg

Motion carried.


EN-060022 – 444 Orchard – City of Muskegon, 933 Terrace St., Muskegon, MI
49440

Anthony Kleibecker stated the property had recently been deeded to the City of
Muskegon by the State of Michigan. Chris Carter asked if the property was of interest
to Community Neighborhood Services. Anthony Kleibecker stated we work with Will
Griffin of the CNS Department closely to see if properties from the State are of interest
to his program first before proceeding to condemnation.



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Staff Recommendation: Declare the building substandard, a public nuisance, and
dangerous building.

Motion made by Randy Mackie and seconded by Chris Carter to accept staff
recommendation.

A roll call vote was taken:

AYES:                       NAYES:             EXCUSED: ABSENT:                               ABSTENTION

                                                                  Greg Borgman

Randy Mackie
Jon Rolewicz
Nick Kroes
Chris Carter
Ed Simmons
Kirk Kolberg

Motion carried.


EN-060017 – 1282 Terrace – US Bank National Assoc, 17500 Rockside Rd,
Bedford, OH 44146

No one was present to represent property.

Anthony Kleibecker stated there has been no contact, nor any action taken by the
bank.

Staff Recommendation: Declare the building substandard, a public nuisance, and
dangerous building.

Motion made by Nick Kroes and seconded by Randy Mackie to accept staff
recommendation.

A roll call vote was taken:

AYES:                       NAYES:             EXCUSED: ABSENT:

                                                                  Greg Borgman

Randy Mackie
Jon Rolewicz
Nick Kroes
Chris Carter

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Ed Simmons
Kirk Kolberg

Motion carried.


OLD BUSINESS:

Ed Simmons mentioned the removal of the property at 1538 Hudson really looked
good. Nick Kroes stated 200 block of W. Southern is really looking good. Nick Kroes
asked about properties owned by Marshall Redder that was taken off the agenda.
Anthony Kleibecker reported that Mr. Redder has been in to apply for permits and has
contractors lined up and guaranteed work would begin on these properties soon.


NEW BUSINESS:


ADJOURNMENT:                         6:05 PM



                                            CITY OF MUSKEGON

 AMERICAN DISABILITY ACT POLICY FOR ACCESS TO OPEN MEETINGS OF
THE CITY COMMISSION AND ANY OF ITS COMMITTEES OR SUBCOMMITTEES.

The City of Muskegon will provide necessary reasonable auxiliary aids and services,
such as signers for the hearing impaired and audiotapes of printed materials being
considered at the meeting, upon twenty-four hours notice to the City of Muskegon.
Individuals with disabilities requiring auxiliary aids or services should contact the City
of Muskegon by writing or calling the following.

                                       Gail Kundinger, City Clerk
                                          933 Terrace Street
                                         Muskegon, MI 49443
                                (616) 724-6705 or TDD (616) 724-6773




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