Housing Board of Appeals Minutes 10-05-2006

View the PDF version Google Docs PDF Viewer

                                  CITY OF MUSKEGON
                          MUSKEGON HOUSING BOARD OF APPEALS
                                  MEETING MINUTES
                                       10/05/06
                                        5:30PM



ATTENDANCE:                 Randy Mackie, Jon Rolewicz, Greg Borgman, Chris Carter, Kirk
                            Kolberg(late), Nick Kroes, Ed Simmons

ABSENT:


EXCUSED:

STAFF:                      Mark Kincaid, Henry Faltinowski, Ken Murar, Jim Hoppus, Don
                            LaBrenz

GUESTS:                     R. Elaine Vanderwall (1145 Aurora), Pat Inglot (1226 Pine),
                            Randy Disselkoen, Roger Nielsen, Ciggzree Morris, Spencer
                            Norman (790 Terrace), Lola Beasley (488 Southern), Students
                            from Muskegon High School


Meeting minutes: A motion was made by Jon Rolewicz and seconded by Randy
Mackie to approve the September 2006 minutes.

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(late)

Motion carried.




O:\Inspections\Grabinski_Lorraine\Word\HBA MEETINGS\Agenda & Min. 2003 & 2004\MINUTES 10-05-06.doc


                                                        1 OF 7
DANGEREROUS BUILDING NEW CASES:

EN-060322 – 1145 Aurora (Garage) – Elaine Vanderwall, Muskegon, MI 49442

R. Elaine Vanderwall was present to represent case.

Ms. Vanderwall stated she is in the process of suing the insurance company. A tree
fell on the property and there was some question about coverage. Mark Kincaid
showed pictures of garage to board stating it was a serious dangerous building. Ms
Vanderwall’s attorney was present and said the insurance company claims a 10-day
notice of cancellation was sent which homeowner says she never got it. Mark Kincaid
said the garage has serious structural damage and fears the structure may collapse.
Chris Carter asked if there was a timeline for resolution with insurance company. The
attorney said it may take up to 45 days or if it goes to court it may take longer. Greg
Borgman explained condemnation process and timeline when case would go to
Commission. Ms Vanderwall’s attorney asked if it was felt that the garage was
structurally unsound. Mark Kincaid stated it’s the whole back wall and it’s been
exposed to weather over a year and thus suspect that it may not stand much longer.

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


Motion made by Nick Kroes and seconded by Jon Rolewicz 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.

EN-060041 – 1226 Pine St., -Pat Inglot, 599 Grand Woods Ct NE, Grand Rapids,
M 49525


O:\Inspections\Grabinski_Lorraine\Word\HBA MEETINGS\Agenda & Min. 2003 & 2004\MINUTES 10-05-06.doc


                                                        2 OF 7
Patrick Inglot was present to represent this case.

Mark Kincaid showed pictures of property to the board stating the home looked much
better as pictures don’t show the progress that’s been made. Mr. Inglot stated he
painted the house and has put in $18,000 in repairs and is about a week away from
completion and he admitted to letting permits expire but lawn been kept cut, electrical
service replaced, all new floor covering, plumbing rough approved and plans to finish
in a week to 10 days. Mr. Inglot said the reason for the delay was finances. Greg
Borgman asked if property would be a rental and Mr. Inglot said he plans to sell. Mark
Kincaid stated the reason it came before board because we had lost contact with Mr.
Inglot.

Staff Recommendation: Table case until the November 2006 meeting unless
mechanical & electrical permits are issued and final inspections scheduled.

Motion made by Jon Rolewicz and seconded by Chris Carter 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.

PROPERTY MAINTENANCE CODE APPEAL CASE:

488 W.Southern Ave. – Lola Beasley, 428 Catawba, Muskegon, MI 49442

Mrs. Beasley stated her mother (homeowner) died and she has continued paying
taxes on house. Mrs. Beasley said her daughter had been living in the house but has
put home in bad condition. Mrs. Beasley stated she’s now trying to get the house in
her name so she can get financing to fix the house. Ed Simmons asked how long
Mrs. Beasley had been paying taxes on property and Mrs. Beasley responded her
mother died in 1997 and has been keeping up the taxes since then. Chris Carter
asked when daughter moved. Mrs. Beasley said daughter moved in with her mother
in 1992 to help with healthcare and just moved out two months ago. Chris Carter
asked when did the house start to deteriorate. Mrs. Beasley said in 2000 she noticed
house in disrepair. Chris Carter asked what were the plans for the home. Mrs.

O:\Inspections\Grabinski_Lorraine\Word\HBA MEETINGS\Agenda & Min. 2003 & 2004\MINUTES 10-05-06.doc


                                                        3 OF 7
Beasley said after bringing house to code her plans are to rent it out. Mark Kincaid
said the owner of record has been deceased for about nine years and house has
never been probated and the property was inspected in June and was evacuated and
no repairs have been made since that date. Chris Carter asked how entry was
gained. Mark Kincaid said a letter was sent saying home was non- owner occupied
building and not registered as rental. Jon Rolewicz asked why this case was a
property maintenance case instead of a dangerous building. Don LaBrenz said it
started as a non owner occupied dwelling but could very easily fall into dangerous
building category but he wanted to allow owner time to do something but no corrective
action has been taken and could come back as a dangerous building. Greg Borgman
suggested that Mrs. Beasley get in touch with Inspections to determine cost of project.

Staff Recommendation: Deny property maintenance appeal.


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
Ed Simmons
Kirk Kolberg


Motion carried.




DANGEROUS BUILDING REVIEW CASE:

EN-040065 – 790 Terrace –Promised Land Assoc., 3315 Real Street, Houston, TX
77087

Ciggzree Morris, Spencer Norman, Roger Nielsen, and Randy Disselkoen were
present to represent this case.

Mrs. Morris passed out a work schedule to board. Mrs. Morris expressed appreciation
to the Inspectors for the walkthrough inspection conducted. Roger Nielson showed
drawing of building concept. Mrs. Morris said board should have received a letter from

O:\Inspections\Grabinski_Lorraine\Word\HBA MEETINGS\Agenda & Min. 2003 & 2004\MINUTES 10-05-06.doc


                                                        4 OF 7
architect and stated their main goal is to get the building off the dangerous building list
to attract investors. They would like to do the exterior first and then concentrate on
main floor. Nick Kroes asked how long it would take to achieve exterior repairs. Mrs.
Morris said she didn’t put that on the schedule because she was told to focus on
inside first. Kirk Kolberg asked about timetable to complete project by June 2007.
Mrs. Morris stated plan is to seal off upper floor and basement and just opening main
floor. Mark Kincaid said the whole building has to meet code. Ken Murar stated there
would be a minimum code required for areas unused such as if the basement is used
just for storage it would have to meet a minimum code for that. Chris Carter asked
about list of 26 items does it include exterior and interior. Don LaBrenz stated the 26-
item list just included the interior of building. Chris Carter asked if timeline included
interior and exterior and asked staff if both had to be completed in order to be
removed from dangerous building list. Don LaBrenz stated there are some interior
structural issues that have to be addressed paramount to anything else because part
of the building has to be stabilized first and then the exterior can be completed. Don
LaBrenz stated they don’t have to have a certificate of occupancy to get off the
dangerous building list.
Chris Carter asked if they correct the things to get them off dangerous building list,
does that throw them under the property maintenance. Don LaBrenz said it would put
them under the Michigan construction code and clarified that property maintenance is
for certificate of compliance, rental property. Mark Kincaid said they will have to get a
engineering study done on how to repair the support beams inside, then exterior fixed
and once that’s done then there won’t any issues as far as dangerous building goes
but there still will be code issues that have to be addressed for them to open as a
restaurant, but would it be off the dangerous building list. Randy Disselkoen stated his
brother is part owner and is excited about investment but the problem for investors
considering the economy, don’t want to take a lot of risk and it’s a hard sell with the
stigma of dangerous building attached to building. Chris Carter explained board’s
main concern is safety and the items in question can be taken care in winter months
but was concerned about the obsolete application status. Mark Kincaid said obsolete
application is a zoning issue. Chris Carter suggested Mrs. Morris clarify status with
Planning Department. Mark Kincaid stated staff took to heart what was recommended
at last month’s meeting was not to wait to the last minute and the letter from the
architect was not received until 10/04/06. He said he understands the dilemma that
they need it off the dangerous building list to get investors and yet they need investors
to do the work to get it off the dangerous building list. He said case was suppose to
come before board in 2004 and owners said they had plans so it was taken off agenda
and staff didn’t hear anymore from owners until we put it back on the agenda and that
makes us nervous. The recommendation to declare would keep pressure on but he
understands their investor worries, but the big items that need to be done is to get the
building structurally sound on inside and get mansard roof, stucco done on the outside
that will get it off the dangerous building list which can be accomplished before March
of 2007, so staff recommends tabling for a shorter time period.

Staff Recommendation: Table case until March 2007 provided monthly progress
inspections are conducted.

O:\Inspections\Grabinski_Lorraine\Word\HBA MEETINGS\Agenda & Min. 2003 & 2004\MINUTES 10-05-06.doc


                                                        5 OF 7
Motion made by Nick Kroes and seconded by Chris Carter 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.

PROPERTY MAINTENANCE APPEAL CASES:

30 W. Larch – Jill Greeno, 30 W. Larch, Muskegon, MI 49442

No one present to represent property.


246 Washington – Pamela J. Byron, 246 Washington, Muskegon, MI 49441

No one present to represent property

Chris Carter asked if Community Neighborhood Services had received paperwork.
Mark Kincaid said they had, but CNS won’t know until the first of the year whether they
will have the funds to award them. Ed Simmons asked what would happen if not
awarded. Mark Kincaid stated they still have the opportunity to paint if not awarded
the vinyl siding.

Staff Recommendation: Grant extension to both properties until June 2007 to
complete repairs.


Motion made by Randy Mackie and seconded by Jon Rolewicz to accept staff
recommendation.

A roll call vote was taken:

AYES:                       NAYES:             EXCUSED:                    ABSENT:
Greg Borgman
O:\Inspections\Grabinski_Lorraine\Word\HBA MEETINGS\Agenda & Min. 2003 & 2004\MINUTES 10-05-06.doc


                                                        6 OF 7
Randy Mackie
Jon Rolewicz
Nick Kroes
Chris Carter
Ed Simmons
Kirk Kolberg


Motion carried.



OLD BUSINESS:

Greg Borgman asked about status of property at 1121 Third which Henry Faltinowski
said nothing has been done.


NEW BUSINESS:


ADJOURNMENT:                         6:45 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.

                                        Linda Potter, City Clerk
                                          933 Terrace Street
                                         Muskegon, MI 49443
                                (231) 724-6705 or TDD (231) 724-6773


O:\Inspections\Grabinski_Lorraine\Word\HBA MEETINGS\Agenda & Min. 2003 & 2004\MINUTES 10-05-06.doc


                                                        7 OF 7

Top of Page