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CITY OF MUSKEGON
MUSKEGON HOUSING BOARD OF APPEALS
MEETING MINUTES
06/07/07
5:30PM
ATTENDANCE: Randy Mackie, Jon Rolewicz, Nick Kroes,
Kirk Kolberg, Greg Borgman, Ed Simmons
ABSENT:
EXCUSED: Chris Carter
STAFF: Mark Kincaid, Jim Hoppus, Carmen, Don LaBrenz, Ken Murar,
Henry Faltinowski
GUESTS: Ideal Property Solutions(316 E. Forest), Ed Imbault (1476 Beidler-
Garage), Anthony Gomez (1497 Division), Jeff Myers (553 Allen),
Allan Seger (1752 Beach), Jasper Love (1850 Park)
Meeting minutes: A motion was made by Randy Mackie and seconded by Jon
Rolewicz to approve the May 2007 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.
Mark Kincaid stated that 253 Isabella (Garage) was removed from agenda because
permit was issued.
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DANGEREROUS BUILDING REVIEW CASES:
EN-070060 -553 Allen – Jeffrey Myers/Brad Lehman, 1646 W. US 10, Baldwin, MI
49304
Jeff Myers was present to represent case.
Greg Borgman reviewed agenda stating an interior inspection was conducted but no
permits issued nor a time schedule set up. Mr. Myers stated when he was before
board last case was tabled so he could get a better estimate when he could complete
the repairs. Mr. Myers said he had a change in plan after the interior inspection he
realized how bad shape the property was in, while waiting for loan to go thru he said
he had already started and took apart garage completely and begun removing the
refuse and would like to start with the exterior and would like to pull permits starting
next week. Greg Borgman said board had requested that a timetable be submitted
and now it appears you have gone on your own against the board advise. Mark
Kincaid said an interior inspection did take place on May 18, 2007 but no activity as far
as timeline or permits since that time. Ed Simmons asked Mr. Myers if he was aware
that he wasn’t suppose to work on home without permits. Mr. Myers said he wasn’t
doing any major renovations just cleaning up. Ed Simmons asked if a demolition
permit was required. Henry Faltinowski said a demo permit is required. Mr. Myers
said he would be happy to apply for permits. Greg Borgman said his concern is the
timeline wasn’t submitted and now you’re telling board what your interpretation of the
work should be. Mr Myers said he would seek the proper permits. Greg Borgman said
it’s important to do the timeline first then permits. Greg Borgman reviewed process if
Housing Board of Appeals were to declare the property dangerous tonight. Nick Kroes
asked that staff monitor progress.
Staff Recommendation: Declare the buildings substandard, a public nuisance, and a
dangerous building.
Motion made by Randy Mackie and seconded by Nick Kroes 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
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Ed Simmons
Kirk Kolberg
Motion carried.
EN-070041- 1476 Beidler –Garage – Edna Imbault, 5685 Ridge Pine Ct. Cedar
Springs, MI 49319
Ed Imbault and Tim Chipmon were present to represent case.
Mr. Chipmon who now resides at the house said roof needs to be replaced but he said
he’s cleaning it up and making it secure until it’s decided if they are going to fix it up or
not. Mr. Imbault said he really doesn’t have the money now to fix it but doesn’t want to
demolish it because the structure is solid. Mr. Imbault stated he has priced the roof
system and estimates it will be about $5,000.00, Mr. Imbault said he plans to sell his
cottage next week and will then have the money to repair. He said they have 20 years
of debris from tenants dumping. Greg Borgman stated the agenda indicated the last
contact with owner, it was mentioned that work would commence in March but no
permits have been issued.
Mr. Imbault apologized for not keeping in touch but if sale of cottage doesn’t go thru
he may have to entertain demolishing the structure at which time he would apply for a
demolition permit. Henry Faltinowski said first the garage needs to be secured and if
there is any shoring work being done the Inspection Department needs to see
diagrams on how you’re doing that. An inspection needs to be done to see work.
A motion was made by Jon Rolewicz to table the case until the August 2007 meeting
pending an interior inspection and was seconded by Randy Mackie.
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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EN-070067 – 1497 Division – Anthony Gomez, 165 Hickory St., Spring Lake, MI
49456
Anthony Gomez was present to represent property.
Mr. Gomez stated house became vacant at the end of March 2007 and house was
secure but either tenants or kids vandalized home and boards were put over doors to
secure property the first 10 days of April. Mr. Gomez said he contacted Mr.
Houghtaling, the housing inspector and informed him he would start on the repairs the
middle of July. He said the inside of the structure other than broken glass is not in that
bad of shape but looks worst than what it appears and it would take him about 30 days
to complete repairs. Mark Kincaid stated there has not been an interior inspection but
the exterior has an extensive list of violations. Mr. Gomez said outside has a
fiberboard siding and if not sealed moisture will make it bow even though it looks like
it’s collapsing, he said underneath the wood clap board is fine. On the front, 3
cement blocks was knocked loose and he feels violation list is misleading. Nick Kroes
asked if intention was to repair exterior or was he questioning list. Mr. Gomez stated
he plans to correct all violations. Henry Faltinowski said an interior inspection and
timeline is needed.
Staff Recommendation: Table case until August 2007 provided timeline submitted
and interior inspection scheduled.
Motion made by Randy Mackie and supported by Nick Kroes 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-060422 – 316 E. Forest – Ideal Property Solutions, P.O. Box 274, Fruitport, MI
49415
The owner of Ideal Properties was present to represent case.
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Mr. Chaney stated notice came as a total surprise because he purchased home from
a Wendy Hanosh having never met her and it was never disclosed to him that there
was an inspection or problem. He said he was aware the home was in disrepair, but
in the meantime he was approached by someone who bought an option on the house
to repair it. He said the buyers are Hispanic and there was a language barrier and said
when they tried to get a permit was denied by the Inspection Department because of
the Dangerous Building status. Ed Simmons asked if Mr. Chaney had been inside
building and he responded yes and stated it does need a lot of work. Mr. Chaney said
the option to buy is with the agreement that financing be acquired in one year. Don
LaBrenz stated he spoke with the two sisters and who are concerned about resources
and stated their original intent was to fix up and sell so one sister could purchase
home. Don stated he expected to hear from the father of the girls who appears to
have some construction experience but no contact has been made with father. Mark
Kincaid said there are concerns if they were to fix and sell they would need licensed
contractors. Mr. Chaney said he’s looking into non disclosure. Ed Simmons said it
appears this property has gotten pushed off to others and nothing is getting done.
A motion was made by Nick Kroes to declare the building substandard, a public
nuisance, and a dangerous building and was seconded by Randy Mackie.
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-070048 -1850 Park – Jasper Love, 1850 Park St., Muskegon, MI 49441
Jasper Love was present to represent property.
The board made clarification of mailing address of owner as being 1996 9TH St.,
Muskegon Heights, MI 49444.
Mr. Love stated property is a commercial building and has 6 sections of roof on the
north section in bad shape and starting to collapse. Mr. Love stated he tried to get a
building permit but was told he needed to get an engineer first. He stated he did get a
permit to start stripping it and has hired an engineer to start a roof design. Henry
Faltinowski stated staff conducted a walkthrough of the building and it has a major
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collapse of the roof system with a section of 200 sq ft that could come down on
anyone at any time. Mr. Faltinowski stated Inspections needed a State of Michigan
licensed engineer to submit building plan and timetable. Mark Kincaid said there is
concern because interior has been open to elements for two years. Mr. Love stated
structure has been sealed so public can’t enter in. Greg Borgman asked if there were
a projected cost and if owner had funding for repairs. Henry Faltinowski asked what
was the intent of the building and Mr. Love said it would be used as a warehouse.
Motion made to table case until next meeting by Kirk Kolberg and 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-070046 – 1752 Beach – House & Garage – Allan Seger, P.O. Box 7180, Ann
Arbor, MI 48107
Allan Seger was present to represent case.
Mr. Seger said he’s been to the Inspections Department twice to pull permits but was
told he couldn’t obtain permits at the time and he’s had a significant amount of family
sickness and death to deal with. He stated he called to speak with Don LaBrenz was
given a two week time window to make contact. Mr. Seger said he wrote a letter to
Mr. LaBrenz but then was shocked when received a notice to appear before HBA. Mr.
Seger said the house was solid but not built by qualified carpenters and sorry to say it
does not have curb appeal to the neighbors who were present at meeting. Mr. Seger
said he had no intention of fixing it up but wanted to exercise the opportunity of
possibly rebuilding on the property. He said he would like to have time to sit down
with building department to consider his options. Greg Borgman asked about what
true intentions are and Mr. Seger said since the window of opportunity has been
narrowed. Nick Kroes asked if Mr. Seger had a timeline for repairs. Mr. Seger said he
put a new roof on a few years ago, but would like to sit down with Inspections
Department and iron out a couple of options. Nick Kroes asked again about timeline
and Mr. Seger said he couldn’t commit to a definite time now, he said property has a
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lot of windows and had thought of making a fish bowl out of it. Greg Borgman asked
how quickly could a interior could be done. Mark Kincaid said case was taken off
agenda in March after Mr. Seger came in and met with Inspection and outlined his
plan but no action has been taken since that time. Mr. Seger said it bothers him that
notice was not received regarding the first meeting. Mark Kincaid said case was taken
off the agenda when Mr. Seger came in so that’s why he didn’t receive notice. Greg
Borgman asked Don LaBrenz why Mr. Seger was told he couldn’t get a permit and Mr.
LaBrenz stated he told Mr. Seger that he would like the building inspector to conduct
an interior inspection first to determine if there were structural issues to be addressed
so that everyone would be on the same page as to the scope of the work. Mr. Seger
asked if the board could give him a suggested timeline and Greg Borgman said each
case is individualized based on interior inspection. A neighbor who lives north of
property spoke regarding the locust tree which is close to electrical poles and her
concern if the tree were to fall would affect her electrical service and she feels the
house is a fire hazard, a shamble and not attractive. Mr. Seger said he would be
willing to remove tree and his intention is to contact Consumers to put lines
underground. Greg Borgman explained decision of Housing Board of Appeals and that
case would be forwarded to City Commission and encouraged Mr. Seger to use the
interim to schedule interior inspection and establish a timeline and obtain permits to
complete repairs. Mr. Seger asked how long of a window does he have. Mark Kincaid
stated that it would be a minimum of 30 days but normally closer to 60 days, but if
progress is being made case would not go before City Commission.
Staff recommendation: Declare the building substandard, a public nuisance, and a
dangerous building.
Motion made by Randy Mackie and was seconded by Jon Rolewicz. 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-060393 – 1660 Dyson (Garage) –Rosemary Harris, 1660 Dyson St.,
Muskegon, MI 49442
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No one was present to represent case.
Staff Recommendation: Declare the building substandard, a public nuisance, and a
dangerous building.
Motion made by Randy Mackie and was seconded by Jon Rolewicz. 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.
OLD BUSINESS:
Nick Kroes reported on condition of property at 145 W. Southern.
NEW BUSINESS:
Mark Kincaid reported that the City Commission did not concur with the Housing
Board of Appeals regarding the property at 790 Terrace. Ed Simmons asked if the
issue was just structural and Mr. Kincaid stated the structural concern had been
addressed but seems no progress took place until case was scheduled before a
meeting. There was a discussion and decision between staff and board to postpone
July Housing Board of Appeals until August 2007.
ADJOURNMENT: 6:30 PM
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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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