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HomeMy WebLinkAbout~Master - Building Board of Appeals Minutes 06/12/2023 Page | 1 MINUTES OF THE REGULAR MEETING OF THE BUILDING BOARD OF APPEALS AMES, IOWA JUNE 12, 2023 CALL TO ORDER Chairperson Andrew Tulp called to order the Regular Meeting of the Building Board of Appeals at 4:00 p.m. with the following Board members present: Brent Bagley, Justin Dodge, and Brad Sydnes Staff members present were Sara Van Meeteren, Scott McCambridge, Jason Ziph, and Vikki Feilmeyer. APPROVAL OF MINUTES Moved by Dodge, seconded by Bagley, to approve the minutes from the April 3, 2023 meeting. Vote on Motion: 4-0. Motion passed. APPEAL OF DEMOLITION OF DANGEROUS BUILDING AT 814 WILSON AVENUE Building Official Sara Van Meeteren presented the staff report. She recapped that on December 30, 2022 the house and garage at 814 Wilson Avenue were struck by a car in several places and staff declared the structure dangerous. At the February 6, 2023 Board meeting, staff reported the owner’s failure to comply with the dangerous building declaration and requested demolition. The attorney for the bank, Rodney Kleitsch, asked the Board to table the item as his client intended to purchase the property and rehabilitate it and they needed more time. The item was tabled to April 3, 2023 when additional time was requested with the date of the sheriff’s sale set as May 30, 2023; the Board voted to table the decision to the June 12, 2023 meeting. Ms. Van Meeteren stated the bank did obtain the property at the sheriff’s sale, and she preferred not to demolish the structure if the owners were willing to do something with it, as it is not in the best interest of the City to have it demolished. The owner submitted a letter to the Board acknowledging understanding that the structure is dangerous and requested a stay of demolition. Justin Dodge asked staff if there has been any other correspondence with the owner regarding a time frame of getting a contractor to start work. Ms. Van Meeteren said there had not and as Mr. Kleitsch was out of town, it was her understanding that Mr. Kleitsch had not had a chance to speak with his client to find out what the timeline looks like. Attorney Rodney Kleitsch stated he represents both FNMA (Federal National Mortgage Association) and IHFA (Idaho Housing and Finance Association) and FNMA just acquired the property from IHFA who acquired it at the sheriff's sale on May 30, 2023. FNMA now needs to obtain bids to rehabilitate the structure; their policy is to rehabilitate properties if at all possible unless they determine that the structure itself is flawed. He said FNMA is ready, willing and able to enter into whatever written agreement the City requires and to provide surety to cover demolition costs. Assistant City Attorney Vikki Feilmeyer asked Mr. Kleitsch where the lender was with respect to rehabbing the structure; when the inspection would occur and if it would be realistic for it to take Page | 2 place within the next 30 days. Mr. Kleitsch said the plan is to rehab it unless their examination determines that the structure itself is defective. He added FNMA just acquired title of the property the previous week, but he would stress to his client that the examination needs to be done within 30 days. Ms. Feilmeyer asked if the examination of the structure would include an estimate to the cost of the work. Mr. Kleitsch said he assumed cost will be a factor in determining if they will rehabilitate it. Chairperson Tulp opened public comments. Kyle Renell, 515 8th Street, stated the winning bid from the sheriff’s sale for 814 Wilson Avenue was $73,000. She said the process to demolish the house has been dragging on and on and she questioned why the new owner does not simply take it down. She believes the cost to rehabilitate the property will be prohibitive and does not think anyone who represents the owner has a ctually been to the property or has done their due diligence. She stated the house is structurally unsafe as well as unsafe from a health standpoint. She added the singles are asbestos which will be an additional cost to the rehab or demolition, the sump pump has not been running since the utilities were shut off, and the front porch is now falling off. Ms. Renell said the house is a public nuisance and expressed concern about children in the neighborhood being attracted to explore the house. Another neighbor agreed with Ms. Renell and stressed how unsafe the building is. Chairperson Tulp closed public comments. Mr. Tulp said Ms. Renell had a reasonable argument and asked Mr. Kleitsch if anyone from his company has been through the building. Mr. Kleitsch said FNMA just acquired the property a week ago and it is a federally insured mortgage, so there is money available to rehab ilitate it; his client is either going to pay to rehabilitate the property or pay to demolish it. Mr. Bagley asked when the last time staff was in the structure. Ms. Van Meeteren said it was December 30, 2022. Mr. Dodge asked Ms. Van Meeteren to speak about the requirements of a rehab. Ms. Van Meeteren stated permits and inspections will be required and staff anticipates the basement will have to be completely gutted. She added staff witnessed unsafe conditions when they were in the house and there were things that were not up to code, but that does not mean it cannot be repaired. Assistant Building Official Scott McCambridge added staff is well aware of the situation ; it is a major renovation and work will not be done without inspections being performed. Fire Inspector Jason Ziph asked about the front porch coming off the house. Ms. Renell said it was hit straight on by the car originally and was bowing out, but with the recent strong winds, it is no longer attached. Mr. Ziph asked if the structure was currently sealed up; Ms. Renell said it was. Discussion was held regarding expectations of the new owner. Page | 3 Mr. Dodge said setting a date in July for an answer from the owner as to whether the structure will be rehabilitated or demolished would give the neighbors an update and understanding of what is happening. Mr. Sydnes asked Mr. Kleitsch if it would be possible to have an answer in four weeks. Mr. Kleitsch said he could tell his client that there has to be an answer by a specific date. Ms. Van Meeteren said with the stay request, the Board could offer a required written agreement with the City in which: the owner agrees to make all necessary repairs within a timeline to be determined by the Board; to grant the City the right to award a contract and enter in and upon the premises if the City needs to do the repairs or demolition; to reimburse the City for actual costs and to post bond for the demolition. She suggested the Board require that to be done by the July 10 meeting. If the owner defaults and the City has to act, the City will demolish the structure, therefore, a bond is needed for demolition. Ms. Feilmeyer added no one should be operating under the assumption that if the City demolishes the structure, it will happen quickly; it would still take months before demolition would occur with going out to bid and hiring a contractor. Moved by Dodge, seconded by Bagley, to table the request to the July 10, 2023 meeting. Vote on Motion: 4-0. Motion passed. ADJOURNMENT Moved by Sydnes to adjourn at 4:40 p.m. Andrew Tulp, Chairperson Eileen Carter, Recording Secretary