HomeMy WebLinkAbout~Master - Building Board of Appeals Minutes 09/07/2011
MINUTES OF THE REGULAR MEETING OF THE BUILDING BOARD OF APPEALS
AMES, IA SEPTEMBER 7, 2011
The regular meeting of the Building Board of Appeals was called to order by Chairman Larry Cormicle at 4:02p.m., September 7, 2011, in Room 135 in City Hall, 515 Clark Avenue. Present
from the Building Board of Appeals were Larry Cormicle, Larry Brandt, Brad Heemstra, Chuck Haselhoff, and David Francis. Randy Rathert and Dan Nutini were absent.
Staff members present were David Brown, Judy Parks, and Bruce Kinkade.
Moved by Brandt, seconded by Haselhoff, to approve the minutes from December 6, 2010
Vote on motion: 5-0. Motion passed unanimously.
Cormicle noted that the representative for the appellant was not present. Brown stated that he was told the representative would be there. In his absence, the Board referred to the written
correspondence between David Brown and the appellant, Dr. Ralph Rogers.
Brown summarized the case against Dr. Rogers. He referred to two emails from Dr. Rogers. The appellant provided general information, as well as a specific request. Dr. Rogers expects
to receive a bid on the property at 116 Hyland Ave by Friday, September 9, 2011. He hopes to close the sale by October 28, 2011 or sooner to one of three parties that has expressed interest
in the property. He states that the prospective buyers have expressed their intent to either rehabilitate the property or demolish it and redevelop it. He also states, that if the sale
does not happen, he will move forward to demolish the property and clear the site. He is not contesting the action or appealing the fact that it is a dangerous building that needs to
be repaired or demolished. Staff feels it is reasonable to grant the extension.
Cormicle asked for clarification on the appellant request. Appellant is asking for a time extension through the end of October 2011.
Cormicle asked for questions from the Board. Brandt asked if the City gets comparable bids for the cost of demolition that the owner would receive on his own. Judy Parks, Assistant
City Attorney, responded that the City would be required to take public bids, and would take the lowest reasonable and responsive bid. It would likely be the same price the owner would
find if the owner searched the market themselves to get a bid. Brandt also questioned how long the bid and demolition process would take, and if it is weather related. Parks responded
that it would take approximately a couple of weeks, and the City has taken buildings down in all seasons.
Haselhoff asked if the City pays for the demolition. Parks stated that if the owner does not follow through on his stated demolition, then the City would be empowered to demolish the
building with the Board’s approval. The owner would be assessed for the cost of demolition. City Council approval is not necessary.
Discussion was held regarding the steps to prepare for demolition: asbestos abatement, abandonment of water and sewer, lead paint removal.
Cormicle stated that the issue before the Board is the recommendation from City staff to grant a one-time only time extension. It would be approximately a 50 day time extension.
Discussion was held regarding the possible scenario of the property changing hands and the issues of dealing with a new owner. There was concern that once the property changed hands,
the clock would be restarted and the City would be in the same situation as far as declaring the property a dangerous building and enforcing demolition. The City cannot be involved in
a private real estate transaction, so the Board would have to start again with the new owner. Changing owners does not change the condition of the building.
Parks noted that it would be a shorter timeline because the new owner would be on notice that the Board has convened and upheld the determination that the building is dangerous and needs
to come down. The condition of the building will not be re-litigated. Staff would have to send written notification of all the deficiencies and what would be expected to be corrected,
and a date by which to respond with a plan to either repair or demolish.
Cormicle asked for clarification on the timeline and reviewed the question in front of the Board – to issue the time extension or not.
Moved by Brandt, seconded by Heemstra, that action on this item be deferred 30 days, until Friday, October 7, 2011 to enable the owner to complete either one of the following actions:
1- Submit a letter of intent to demolish the structure. The letter must include a statement that demolition will be complete on or before November 7, 2011. The letter must state the
owner understands if he fails to complete demolition by November 7 the City will proceed without further notice to demolish the structure and assess all demolition costs against the
property as a special assessment. The letter must be received by the building official not later than 9:00 a.m. Friday October 7.
Or -
2- Submit a letter stating the property has been sold to another party. The letter must include the name, mailing address, phone number, and email address of the party to whom the property
has been sold. The letter must be received by the building official not later than 9:00 a.m. Friday, October 7.
In the event no satisfactory response is received, the Board will review this case at the next regular meeting and direct the building official to proceed with demolition of the structure
and assessment of costs, as set forth in the Ames Municipal Code, and the State Code of Iowa.
Vote on motion: 5-0. Motion passed unanimously.
Moved by Haselhoff, seconded by Brandt, to adjourn the meeting.
Vote on motion: 5-0. Motion passed unanimously.
Meeting adjourned at 4:43p.m.
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