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13 JUN 10 A G E N D A BOARD OF ADJUSTMENT JUNE 10, 2013 6:30 P.M. CITY HALL CONFERENCE ROOM 1. CALL TO ORDER: PAGES 2. APPROVAL AND/OR CORRECTION OF MINUTES: Regular Scheduled Meeting of May 13, 2013 3. VARIANCE REQUEST(S): a. Appeal Request for 144 North Avenue Petitioner: Jack Krepps 1-3 b. Appeal Request for 305 North Oak Street Petitioner: Berthena Nunn 4-5 ADJOURNMENT MINUTES: BOARD OF ADJUSTMENT REGULAR MEETING DATE AND TIME: June 10, 2013 6:30 p.m. – 7:30 p.m. ATTENDANCE: Commissioners: Alderman Howard, Jim Moore, Rick White and Chairman Ott were present. City Attorney Bamburg and Code Enforcement Officer John Nolen were present. ______________________________________________________________________ City Clerk Susan Davitt recorded those listed above in attendance and Chairman Ott declared a quorum. APPROVAL AND/OR CORRECTION OF MINUTES: Alderman Howard moved, seconded by Commissioner Moore to approve the minutes of the regularly scheduled Board of Adjustment meeting of May 13, 2013 as presented. MOTION CARRIED. VARIANCE(S): a. APPEAL REQUEST for 144 NORTH AVENUE Chairman Ott opened the public hearing at approximately 6:30 p.m. City Attorney Bamburg clarified that City Ordinance provides an opportunity for a property owner to appeal a determination made by Code Enforcement regarding unsanitary or noncompliant code conditions on their property. He stated that both petitioners have followed the proper procedure after receiving notice from Code Enforcement of the non-complying conditions and the requirements by Code Enforcement to either resolve the conditions or face a condemnation process. He advised that the Board has the authority to grant variances or extensions. Code Enforcement Officer Nolen explained that he became aware of the property on April 10, 2013, saying that the property has various kinds of damage. He related that the property has rotted wood on the front of the house, the siding is coming off the house, and the grass was in violation. He continued saying that he went to the rear of the house and found more rotted wood, explaining there was rot around all the windows with several broken windows, shingles were missing off the roof, and there was a hole in the roof. He stated that there is extensive damage to the roof fascia and soffit. He then related that the porch steps are in violation of Code, and that it appears it has been a long time since any kind of maintenance has been done to the house. He stated that a public nuisance letter was sent to the owner, requesting that repairs be made. He cited violations 8.01.071 and 8.01.074, explaining that property owners have to keep their property in good repair. He explained that Code Enforcement Officer Jenkins was pursing condemnation of the property when they received notice to appear before the Board of Adjustment. He stated that the property is in very poor condition, noting that no one is living in the house. The owner, Mr. Jack Krepps stated that he recently purchased the property, explaining that when he purchased the property there was not a limb that made a hole in the roof. He related that the power company cut a tree down that caused the damage to the roof. He stated that he was not aware of the damage to the roof. He pointed out that the joist in the house are still good, saying that it needs a new roof, flooring, and ceiling tile. He requested a 60-day extension to complete the repairs. BOARD OF ADJUSTMENT REGULAR MEETING June 10, 2013 continued: In response to a question from Alderman Howard, Mr. Krepps answered that he purchased the house sometime last winter. He stated that he was waiting for warm weather to start repairs, reiterating that he was not aware of the damage to the roof, and noting that in April it was still cold. He explained that at the end of April he came to Jacksonville and discovered that there was a limb through the roof of the house. He stated that if he had known there was a hole in the roof he would already have had it repaired despite the weather. He then explained that he has a four-man crew that and they were working on inside projects until the weather would permit them to work on this house. He stated that if he is granted an extension and a building permit he would start on the roof next week. He related that they have mowed the grass twice and will not “junk up the place”. He added that once repaired it would be as nice as any house in the area. He reiterated that the roof joist, floor joist and framing are still good but everything else is bad. He then told Chairman Ott that he went with his crew to work on the house but was told by Code Enforcement that he could not work on the house until he got a building permit from the City. He explained that he tried to get a building permit but was told that procedures to condemn had already started so he was not issued a permit. He stated that he would like to start putting on a new roof next week to stop any further damage. Commissioner Moore related that he checked with Pulaski County records, which confirmed that Mr. Krepps owned the house since September, noting that the weather was not bad in September. Mr. Krepps replied that the house was not this bad in September, explaining that he did not intend to live in the house but was going to repair the house. He related that the house had someone living there until September when he purchased the house. He then replied that the house got into the shape it is in now when the power company cut down the tree and a limb fell through the roof and then it rained all winter through the roof. He added that he was not aware of the roof damage because he had not been back to the house. He stated the floor damage and buckling of the paneling was caused by the rain. Commissioner Moore noted that there is black mold inside the house, which would have to be abated very carefully. He emphasized that Mr. Krepps has owned the house for almost a year and has a four-man crew, saying that he cannot understand why some kind of improvement has not been done to the property. He explained that he is a former house inspector and he can tell that the roof was not just damaged by the falling tree but has been damaged for a long time. He stated that the shingles are worn out and there is decking showing. He said that it is hard to believe this house became this deteriorated since September. BOARD OF ADJUSTMENT REGULAR MEETING June 10, 2013 continued: Mr. Krepps stated that the roof was not leaking inside the house in September. He then related that he intended to put a metal roof on the house but did not get around to doing it. He explained that when he got the notice in April, he went to look at the house and it was in really bad shape. He stated that he had removed some of the ceiling tiles, explaining that he also removed the refrigerator and stove. He continued saying that he then went to City Hall to get a building permit but was not allowed to have one. He reiterated that he is asking for 60 days to put a new roof on the house, new interior, also repair and paint the outside. Chairman Ott clarified with Mr. Krepps that he is requesting 60 days to have the entire structure and property brought up to Code and in compliance. Code Enforcement Officer Nolen stated that each time he inspected the property he told Mr. Krepps that the grass need to be mowed, saying that Mr. Krepps paid someone to mow the grass but it was not mowed. He related that he had to send another letter and the City was about to cut the grass when finally Mr. Krepps cut the grass. He stated that everything has been a “foot dragging” situation. He explained that once a public nuisance letter is sent and nothing is done, Code Enforcement moves toward condemnation. He added that there is no way for them to know if financially the owner can take care of all the repairs, estimating that this could costs as much as $20,000 to completely repair the house. He surmised that he is not sure sale of the house could bring more than that, adding that this house is an “eyesore” to the neighborhood and devalues other houses. Chairman Ott asked Mr. Krepps if he had examined the plumbing and electrical to estimate how much it would costs to bring the house back into compliance. Mr. Krepps stated that he brought a licensed electrician to the property and his brother is a licensed plumber. He then answered that the property does not have any utilities but he would have the water turned on and begin paying his garbage bill. City Attorney Bamburg noted that the building inspector would have to approve the utilities being turned back on. Commissioner Moore issued his concern regarding the age of the house and its deteriorated condition the plumbing and electrical would need to be brought up to Code. Mr. Krepps interceded that the all the paneling would be removed from the walls. He then answered Commissioner Moore that he is not sure it would take 60 days, adding that if he had to, it could be done in 45 days. He stated that it would just be a matter of how many people he put to work on the house and how much overtime it would take. Chairman Ott asked for further comment, noting that he is about to close the public hearing. BOARD OF ADJUSTMENT REGULAR MEETING June 10, 2013 continued: Code Enforcement Officer Nolen stated that if Mr. Krepps is given a time extension, he would like to see a “drop dead agreement” that if it is not completed then Code Enforcement could start the condemnation process. Commissioner Moore expressed some reluctance regarding a 60 day allowance, noting that nothing has been done since Mr. Krepps purchase the house in September. He stated that this is only a 672 square foot house and the weather in September, October, and November was not that bad. He stated it would not have taken long to put a new roof on this house, surmising that it could have been completed in less than a day. He noted that there are other repairs that could have been done inside the house. Commissioner Moore moved to deny the appeal request for 144 North Avenue based on the deteriorated condition of the house. MOTION DIES for lack of a second. Alderman Howard stated if at all possible he would like to see the house repaired instead of having another empty lot. Alderman Howard moved to grant a 45-day extension to complete all repairs and bring the house into Code compliance. Chairman Ott noted that a 45-day extension would fall between regular meeting dates, asking Alderman Howard to consider an amendment to the motion to require an update from Code Enforcement prior to the next Board of Adjustment meeting. Alderman Howard moved, seconded by Commissioner White to grant a 45-day extension to complete all repairs and bring the house into Code compliance and to require an update from Code Enforcement prior to the next regularly scheduled Board of Adjustment meeting. Alderman Howard then asked Mr. Krepps to keep the yard mowed. Mr. Krepps stated that his crew would mow the yard every two weeks. At this time MOTION CARRIED. Chairman Ott closed the public hearing at approximately 6:50 p.m. b. APPEAL REQUEST for 305 NORTH OAK STREET Chairman Ott opened the public hearing at approximately 6:50 p.m. Code Enforcement Officer Nolen stated that he became aware of this property on routine patrol, relating that the siding is falling off the front of the house, it had numerous rotten places, windows broken, and showing general disrepair to the house exterior. He stated that there have been grass problems with the property, noting that while a part of the property BOARD OF ADJUSTMENT REGULAR MEETING June 10, 2013 continued: is fenced, the property extends to the street, clarifying that it is a corner lot. He explained that this was the situation that drew his attention to the property. He related that a notification of public nuisance was sent to the owner. He stated that he noticed a problem with the wiring, noting an extension cord on the back of the house. He pointed out that there was a board on the roof, saying that he is not sure if it was on the roof to prevent water from going into the house. He noted that it appears some work may have been done on the front of the house, but then noted that there were holes in the siding at the rear of the house. He stated that the accessory building in the back yard had trash in it and that during this time there was a “For Rent” sign in front of the house. He related that it also appeared that a tree had fallen on the accessory building and knocked part of the roof off. He went on to say that the house and accessory building is in general disrepair and the grass was not being mowed. Ms. Berthena Nunn owner of the property at 305 North Oak Street, stated that the property was rented until April. She explained her renters who were on the lease moved but they had a sister who wanted to stay in the house. She explained that she had told the sister that she could not stay and had informed her former tenants that whatever damage was done to the house they would be responsible. She related that she had been texted by the former tenant letting her know the sister was going to do some damage to the house. She then explained that the first letter she received from Code Enforcement was written on April 26, 2013 and was a certified letter. She stated that since she travels with her job she did not pick up the certified letter immediately. She related that the letter addressed the grass on 300 Elm and North Oak, explaining that the lots are back to back. She added that they had started cutting the grass over the weekend. She stated that it is her knowledge that Little Rock and North Little Rock does not require them to cut the grass all the way to the pavement. She stated that she would need clarification on how far up to the street she would need to cut the grass. She explained that a note was posted on the door, saying that they had 7 days, and a letter dated May 2, 2013 that cites a list of nuisances. She stated that the list is not very specific. She cited 8.03.001 (b) offends decency, saying that she does not understand from that description what it means or what she should correct. She went on to cite that one says “dilapidated structure, creating a blight on the community”, questioning specifically what this addresses. She then cited 8.03.011 as stating the above mentioned 7 day notice shall be calculated by counting the first day of the 7 day period as the date after written notice is given to the owner/occupant by counting every calendar day including weekends and holidays and by establishing the deadline to take the above required action at 11:59 p.m. on the 7th day. She noted that the letter was sent May 2nd. BOARD OF ADJUSTMENT REGULAR MEETING June 10, 2013 continued: Chairman Ott clarified with Ms. Nunn that she signed for the letter on May 10th. She stated that in looking at the dates, she has a bill from Code Enforcement dated May 3rd for 305 North Oak in the amount of $206.57. She related that they had already started mowing the property. She related that if you count from the 26th - May 2nd is 6 days, questioning how a bill could be generated when it had not been 7 days. She proposed that if you go from the date posted on the house it only allows for 2 days. She then stated that the bill was dated May 3rd but it was post marked May 6th. City Attorney Bamburg clarified that the bill from Code Enforcement has nothing to do with the request before the Board of Adjustment. He further clarified that the Board request is for whatever variance she is seeking. He informed Ms. Nunn that the Board of Adjustment is not the proper authority to address the bill. He then answered Ms. Nunn that she would have to take up any billing discrepancy with Code Enforcement. Ms. Nunn restated that she does not understand what repairs Code Enforcement is requesting, reiterating that it is not specific. She explained that the sister finally moved out the second week in April, and the carpeting and tile had to be torn out of the house. She agreed that there had been some stuff stored on the front porch because when they were working at the house it was raining and they did not want to put it against the road and make it soggy. She stated that she was told that the City picks up that kind of material the fourth week of each month. She related that since the tenants knocked holes in the walls they have to paint all the walls. She added that if it is made clear what needs to be done they will do it. She reiterated that she needs clarification on what needs to be done and then she needs a timeline for having it done. Chairman Ott stated that she would be the one to come up with the timeline for repairs. Ms. Nunn then stated that she is requesting 60 days. In response to a comment from Chairman Ott, she answered that the extension cord pulled in at the rear of the house was done by the former tenants but it has since been removed. She then related that the roof is only two or three years old, surmising that the board on the roof was thrown up there by the kids. It was then clarified for Ms. Nunn that it is her responsibility to cut the grass all the way to the road, including any ditches. She then answered Chairman Ott that she is not sure who put up the privacy fence, when he noted a section that was torn down. BOARD OF ADJUSTMENT REGULAR MEETING June 10, 2013 continued: Commissioner Moore addressed Ms. Nunn, saying that part of the concern is exposed pipes, including gas pipes, electrical conduit that is running alongside the house on the ground. He then noted that there are some wires running through the windows, there is siding missing, and the window frames look as though they are deteriorating. He then noted that the open storage on the porch is a violation of City ordinance. He added that he saw a “For Rent” sign in front of the house. He related that these are some of the known things that are wrong with the house. He then stated that he does not believe that the electrical or gas piping is in code compliance. The Board reviewed photographs of the various concerns; Ms. Nunn reviewed the photographs saying that the wiring coming out is cable. And the pipe is an outside water pipe. She then answered Alderman Howard that she does have someone interested in renting the house. Code Enforcement Officer Nolan noted that the windows have lead based paint and rot around the windows. Ms. Nunn replied that they have not worked on the windows yet. Commissioner Moore noted that the house has several open places on the foundation, pointing out the danger to children. He stated that in his opinion the house in its current condition is not rentable. He reiterated the conditions that make the house uninhabitable. He pointed out that Ms. Nunn has owned the house since 1999 and the current condition does not show any concern for the house. He related that this house needs a lot of work, adding that it does not meet Jacksonville code. In response to a question from Commissioner White, Ms. Nunn answered that there were tenants in the house until approximately April 5th and then a sister moved out one week later. She then answered Commissioner White that she did not rent the house in this condition, saying that the children of the tenants did a lot of the damage. She then added that she is in the process of putting siding on the house, noting that the front part has already been completed. She then answered that she resided the front part of the house approximately two and a half weeks ago. In response to a question from Commissioner Moore, Ms. Nunn stated that she plans to put new siding on the house around to the second deck on the back, covering the northwest corner and the south corner is the next stage they intend to work on. Ms. Nunn concurred with Chairman Ott that if she is granted a 60-day extension she will have all the work done based on what the Code Enforcement office tells her specifically needs to be addressed. Discussion ensued regarding Ms. Nunn communicating with Code Enforcement to determine what codes need to be addressed. BOARD OF ADJUSTMENT REGULAR MEETING June 10, 2013 continued: Code Enforcement Officer Nolan stated that with the holes rodents have probably chewed the wiring, saying that he would want the electrical wiring brought up to Code. He added that the plumbing and wiring would need to be inspected, saying that if the property has been vandalized there is a possibility it is a danger to have the utilities turned back on. Ms. Nunn stated that the utilities are on at the property. She then answered that this is the only rental property she has in Jacksonville, noting that the other property she owned was torn down by the City. Commissioner White stated that his concern is that it is easy to tell by the photographs what needs to be corrected, yet the homeowner is asking the City to tell her what needs to be addressed. Chairman Ott closed the public hearing at approximately 7:20 p.m. Alderman Howard stated that the house is in such poor condition he does not believe it can be rehabbed, adding that he would be reluctant to grant an extension. Commissioner Moore stated that since Ms. Nunn has owned the house since 1999, he does not feel an extension should be 60 days. He added that he does not feel the house should be rented in the current condition, noting the possible hazard given the electrical wiring. Commissioner Moore moved, seconded by Commissioner White to grant a 45 day extension to complete all repairs cited by Code Enforcement at 305 North Oak, requesting an update from Code Enforcement in 30 days and stipulating that the residence is not to be rented until repairs are completed. Code Enforcement Officer Nolan clarified that the property had been red tagged and because of such the property cannot be rented. He then questioned if Ms. Nunn has a letter of credit or the financial ability to make all repairs. Chairman Ott clarified that it is not an issue at this point. Commissioner White stated that his concern is that Ms. Nunn states she is unaware of what needs to be done to bring the house up to Code. He explained that he seconded the motion because Ms. Nunn seems to be willing to do the repairs. At this time, MOTION CARRIED. BOARD OF ADJUSTMENT REGULAR MEETING June 10, 2013 continued: ADJOURNMENT: Without objection, Chairman Ott adjourned the meeting at approximately 7:30 p.m. MOTION CARRIED. Respectfully, ___________________________ _____________________________ Susan L. Davitt CHAIRMAN Joe Ott CITY CLERK – TREASURER