15 DEC 14
A G E N D A
BOARD OF ADJUSTMENT
DECEMBER 14, 2015
6:30 P.M.
CITY HALL
CITY COUNCIL CHAMBERS
1. CALL TO ORDER: PAGES
2. APPROVAL AND/OR
CORRECTION OF MINUTES: Regular Scheduled Meeting of
November 9, 2015 1
3. VARIANCE REQUEST(S): Appeal Request
1815 North First Street
Petitioner: Raheel Realty Inc.
Representative: John P. Talbot 2
ADJOURNMENT
MINUTES: BOARD OF ADJUSTMENT REGULAR MEETING
DATE AND TIME: December 14, 2015 6:30 p.m. – 6:40 p.m.
ATTENDANCE: Commissioners: Art Brannen, Alderman Howard and Chairman Rick White were present. City Attorney Bamburg and City Engineer Whisker were also present.
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City Clerk Susan Davitt recorded those listed above in attendance and Chairman Rick White declared a quorum.
APPROVAL AND/OR CORRECTION OF MINUTES:
Alderman Howard moved, seconded by Commissioner Brannen to approve the regularly scheduled meeting minutes of November 9, 2015. MOTION CARRIED.
VARIANCE(S): Condemnation Appeal Request regarding 1815 North First Street
Chairman White opened the public hearing at approximately 6:31 p.m.
City Attorney Bamburg referenced a letter from attorney John Talbot representing the petitioner and owner Raheel Realty, Inc. relating to the request.
Code Enforcement Officer Charlie Jenkins offered the Board information and photographs. He noted an offer and acceptance agreement between Sandy Peek, LLC. and Raheel Realty, Inc. He
then offered the Commission photographs of the property. He related that he has been dealing with this property, including the previous owner, since approximately July 2012. He stated
that he sent the initial notice of public nuisance, explaining that the property was purchased by attorney Kurt Lapel from California and a second notice of public nuisance was sent
April 2014. He explained that Mr. Lapel then went into bankruptcy, and then in June 2015 he became aware that the Raheel Realty had purchased the property. He stated that he spoke
with the attorney for Raheel Realty, Mr. Nick Arnold and explained the City’s interest in seeing the property either renovated or demolished. He went on to explained that he then had
a title search done on the property in July 2015, which uncovered a warranty deed where Mr. Lapel deeded the property to Raheel Realty in lieu of foreclosure. He then related that
in August 2015, the title search showed a lease termination filed by Raheel Realty and then October 2, 2015, he sent a third notice of public nuisance on the property but it was the
first notice to Raheel Realty. He emphasized that he would like to point out that Raheel Realty took possession in July and was in full knowledge of the City’s interest in demolishing
the property. He took possession of the property in July but did not get a public nuisance notice until October 2015. He stated that the condition of the property is very poor, citing
varies conditions and remarking that the photographs speak for themselves. He noted that there is a partial roof collapse, the HAVC was improperly installed with mildew and mold present,
uncapped gas lines, multiple leaks in the remaining roof, electrical wiring exposed, wires have been cut from the outside electrical box. He stated that the property is unsafe and
structurally unsound.
City Attorney Bamburg confirmed that the Code Enforcement Department has been dealing with the property for approximately three years, adding that the first two years it was tied up
in a bankruptcy that prevented the City
MINUTES: BOARD OF ADJUSTMENT REGULAR MEETING
DATE AND TIME: December 14, 2015 6:30 p.m. – 6:40 p.m.
from taking any further action. He pointed out that not only did the individual that owned the property go into bankruptcy but the bank that carried the mortgage also failed. He stated
that the property has been very problematic. He related that Mr. Raheel purchased along with this property, the bulk of the properties that were owned by the failed bank. He stated
that the original notice from the City to Mr. Raheel was on June 15, 2015 requesting a timeline regarding his plan of action because condemnation circumstance was present on the property
given the structural issues. He stated that there have been a number of times they had related that they were hoping for an offer but when they got an offer it is conditioned upon the
franchise’s approval of the site as a location. He added that the approval has yet to be granted, which has been pending since August.
Alderman Howard moved, seconded by Commissioner Brannen to deny the appeal regarding property located at 1815 North First Street. MOTION CARRIED with Chairman White voting AYE.
ADJOURNMENT:
Without objection, Chairman White adjourned the meeting at approximately 6:40 p.m. MOTION CARRIED.
Respectfully,
___________________________ _____________________________
Susan L. Davitt CHAIRMAN Rick White
CITY CLERK – TREASURER