Housing Board of Appeals Minutes 11-06-2008

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                                  CITY OF MUSKEGON
                          MUSKEGON HOUSING BOARD OF APPEALS
                                  MEETING MINUTES
                                       11/06/08
                                        5:30PM



ATTENDANCE:                 Randy Mackie, Greg Borgman, Ed Simmons, Jon Rolewicz

ABSENT:                     Chris Carter

EXCUSED:                    Kirk Kolberg, Nick Kroes,

STAFF:                      Mark Kincaid, Carmen Smith, Jim Hoppus, Don LaBrenz, Scott
                            Houghtaling

GUESTS:                     John Steinbech (1815 Harrison), Alma L. Childers(1201 Pine
                            Garage)


Meeting minutes: A motion was made by Jon Rolewicz and seconded by Ed Simmons
to approve the October 2008 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

Motion carried.




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PROPERTY MAINTENANCE APPEAL CASE

1815 Harrison Ave – Marjorie MastenbrookTrust/John Steinbach, 2009
Lakeshore Dr; Suite C, Muskegon, MI 49441

Mr. Steinbach was present to represent case with architect Denny Dryer.

Mr. Dryer requested that structure be exempt from putting up garage doors or from
turning it into a carport. He said Mr. Steinbach had bad luck with renters taking the
doors down. Mr. Dryer asked for a variance to leave the garage doors off. Don
LaBrenz stated that the appeal was for misinterpretation of standard, he was not
aware of a request for a variance. Mr. Dryer said that could have been his mistake.
Jon Rolewicz read the 2006 Building Code R309.4 which states “carports not open on
at least two sides shall be considered a garage” and said that by looks and definition
the structure is a garage and the board did not have power to grant a variance. Mr.
Steinbach stated he had plans to cut the back out and make it into a carport.
He said tenants won’t shovel driveway if fleeced he could keep tenants from storing
items such as mattresses. Greg Borgman asked if problem could be addressed by
statements in the lease. Mr. Steinbach stated that if doors are on garage it’s hard to
police what’s going on inside. Greg Borgman asked how could structure stand with
walls removed. Mr. Dryer said he had a plan that would work. Ed Simmons stated
that since it’s rental property if board was to grant owner the ok to leave doors off then
it would have to be granted to all. Mr. Steinbach said doors have been off for about 10
years.

Jon Rolewicz made a motion to deny the appeal and was supported my Ed Simmons.

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.




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DANGEROUS BUILDING REVIEW CASES

EN-080133 – 1201 PINE (Garage) –Alma Childers, 1201 Pine, Muskegon, MI
49442

Ms Alma Childers was present to represent case.

Ms Childers stated she had previously stated at the September 2008 meeting that she
would have garage completed by now but was not able to do so. She stated that she
tried to get permit but was told she needed square footage or how many bundles of
shingles to determine cost of permit. She returned with that information today to get
permit and was told she needed to wait until results of the meeting tonight. Ed
Simmons asked if intention is to repair structure. Ms Childers said that is her intention
but she’s been very busy. Jon Rolewicz expressed concern about structure making
thru the winter. Mr. Rolewicz asked how long would it take to complete repairs? Ms
Childers said she would like to complete it this year weather allowing. Greg Borgman
explained determination of board.

Randy Mackie made motion to declare structure dangerous, substandard and a public
nuisance and motion was seconded by Jon Rolewicz.

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.


DANGEROUS BUILDING NEW CASES


EN-080216 – 616 Catherine – County of Muskegon/Lisa Kitchens, 990 Terrace St;
2nd Flr., Muskegon, MI 49442

No one was present to represent case.

Mark Kincaid said structure appears to have gone back to the County for taxes.

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Jon Rolewicz made motion to declare structure dangerous, substandard and a public
nuisance and motion was seconded by Ed Simmons.

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-080234 355 W. Grand – Federal National Mortgage Assoc, 1 S. Wacker Dr.,
Chicago, IL 60606

No one was present to represent case.

Mark Kincaid stated structure is in foreclosure.

Randy Mackie made motion to declare structure dangerous, substandard and a public
nuisance and motion was seconded by Jon Rolewicz.

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.


OLD BUSINESS:



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Ed Simmons asked about status of 1969 Wood. Don LaBrenz stated that the ice &
water shield inspection had been conducted and he expects the roof to be completed
soon.

NEW BUSINESS:



ADJOURNMENT:                         5:50 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.

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




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