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HomeMy WebLinkAboutBuilding Board of Appeals 2008 Minutes Qy SING DEPARTMENT OF PLANNING AND ti NEIGHBORHOOD DEVELOPMENT ' 316 N.Capitol Avenue, Suites C-1 • Lansing MI 48933-1238 (517)483-4355•FAX: (517)377-0169 �rI BUILDING SAFETY OFFICE CHZG Virg Bernero, Mayor November 3, 2008 OFFICIAL PROCEEDINGS OF THE CITY OF LANSING BUILDING BOARD OF APPEALS Held at 316 N. Capitol Ave. at 2:00 pm OCTOBER 14, 2008 The October 2008 meeting of the City of Lansing Building Board of Appeals was called to order at 2:04 p.m. by Chairman Randall Kamm. The following members were in attendance: Randall Kamm, Chairman Donald Heck, Vice Chairman Dean Taylor James Drake Members absent: None Staff Present: James Bennett, Secretary Phil Sabon, Assistant Fire Marshal Brenda Jodway, Recording Secretary Petitioners Present: Greg Brink representing Petitioner Dallas Brink John McAllister, Rehab Construction Specialist, Development Office, City of Lansing for Leonard Emmens Public Present: None Chairman Kamm asked for the approval of the July 24, 2008 minutes. Don Heck made a motion to approve the minutes. Motion seconded by Dean Taylor. Motion carried. Old Business: None New Business: Case No.: Address: Petitioner: BBA- 111-2008 548 E. Fenton St. Dallas Brink Randall Kamm introduced Gregg Brink who was present representing the petitioner Dallas Brink who was not present. petitioner Th s isauesting contrar that Sect Section Board 08 of the Michigan Building Fenton Street for sleepinging rooms. Code. After much discussion, Don Heck made a motion to approve the larger upstairs room of 548 E. Fenton Street as a bedroom, with the condition that the location and placement of the hardwired interconnected smoke detectors be verified by the appropriate governmental party. Seconded by Dean Taylor, motion carried unanimously. Other Business: Case No.: Address: Petitioner: BBA-012-2008 905 Gordon Ave. Leonard Emmons City of Lansing Community Development Randall Kamm was introducing case number BBA-012-2008 at 905 Gordon Ave. under other business. Jim Bennett explained that this case came in one day late from the deadline, but if the Board would want to hear it then they may not need to have a November Board of Appeals Meeting. He explained that it is owned by Leonard Emmons who is participating in a Community Development project. He introduced John McAllister, Rehab Construction Specialist from the Development Office who is present on behalf of the applicant. The applicant is requesting to continue use of the 2nd floor area as a bedroom which is contrary to Section R305 of the Michigan Building Code. After much discussion, Dean Taylor made a motion to approve the request if the City Development makes sure they can get a proper egress window in the opening in the north window, with the condition that the built-in would need to be removed and it is also conditional that the smoke detectors that were installed already in the plan have no alterations. Seconded by Don Heck, motion carried unanimously. Public Comment: None At 2:48 p.m., Don Heck moved to adjourn. Motion seconded by James Drake. Motion carried. Resp submitted, •d mes�ennett, ecretary Draft date: November 3, 2008 Approved date: ��� ") --�C)q cc: Mayor's Office Board Secretary City Clerk's Office Building Safety Office Staff Representatives Appeal folders Appeal applicants Public file-original S1 DEPARTMENT OF PLANNING AND NEIGHBORHOOD DEVELOPMENT 316 N.Capitol Avenue,Suites C-1 - Lansing MI 48933-1238 (517)483-4355-FAX: (517)377-0169 HIG BUILDING SAFETY OFFICE Virg Bernero,Mayor Date: November 20, 2008 To: City Clerk's Office —7: City Council Offices -77 City Hall Personnel Mayor's Office From: James BennettW RE: BUILDING BOARD OF APPEALS MEETING CANCELLATION NOTICE The regularly scheduled Building Board of Appeals Meeting for Tuesday, December 9, 2008, has been cancelled. The next regularly scheduled meeting will be Tuesday, January 13, 2009, at 2.00 pm in the Conference Room at 316 N. Capitol Ave., Suite C-3, Lansing, Michigan. cc: Board Members (4) Building Safety Lobby Board Secretary Appeal folders Applicants Public file - Original v Qy� SING DEPARTMENT OF PLANNING AND NEIGHBORHOOD DEVELOPMENT 316 N.Capitol Avenue,suites C-1 • Lansing MI 48933-1238 (517)483-4355•FAX: (517)377-0169 41 P BUILDING SAFETY OFFICE CHIC Virg Bernero, Mayor Date: October 30, 2008 To: City Clerk's Office City Council Offices City Hall Personnel Mayor's Office From: James Bennett RE: BUILDING BOARD OF APPEALS MEETING CANCELLATION NOTICE The regularly scheduled Building Board of Appeals Meeting for Tuesday, November 12, 2008 has been cancelled. The next regularly scheduled meeting will be Tuesday, December 9, 2008 at 2:00 pm in the Conference Room at 316 N. Capitol Ave., Suite C-3, Lansing, Michigan. cc: Board Members (4) Building Safety Lobby Board Secretary Appeal folders Applicants Public file- Original v S I G DEPARTMENT OF PLANNING AND NEIGHBORHOOD DEVELOPMENT 316 N.Capitol Avenue,Suites C-1 • Lansing MI 48933-1238 (517)483-4355•FAX: (517)377-0169 I BUILDING SAFETY OFFICE CHIC Virg Bernero,Mayor r ; C� Date: August 25, 2008 �? To: City Clerk's Office r`•; �� City Council Offices City Hall Personnel �71 Mayor's Office From: James Bennett RE: BUILDING BOARD OF APPEALS MEETING CANCELLATION NOTICE The regularly scheduled Building Board of Appeals Meeting for Tuesday, September 9, 2008, has been cancelled. The next regularly scheduled meeting will be Tuesday, October 14, 2008 at 2.00 pm in the Conference Room at 316 N. Capitol Ave., Suite C-3, Lansing, Michigan. cc: Board Members (4) Building Safety Lobby Board Secretary Appeal folders Applicants Public file - Original SI G DEPARTMENT OF PLANNING AND NEIGHBORHOOD DEVELOPMENT 316 N.Capitol Avenue,Suites C-1 • Lansing MI 48933-1238 (517)483-4355• FAX: (517)377-0169 I BUILDING SAFETY OFFICE CHID Virg Bernero, Mayor July 30, 2008 OFFICIAL PROCEEDINGS OF THE CITY OF LANSING BUILDING BOARD OF APPEALS Held at 316 N. Capitol Ave. at 1:00 pm J U LY 24, 2008 (Special Meeting) The July 2008 special meeting of the City of Lansing Building Board of Appeals was called to order at 1:05 p.m. by Chairman Randall Kamm. The following members were in attendance: Randall Kamm, Chairman Donald Heck, Vice Chairman Dean Taylor Members absent: James Drake, excused Staff Present: James Bennett, Secretary Phil Sabon, Assistant Fire Marshal Brenda Jodway, Recording Secretary Petitioners Present: Terry Terry Geno Abbey Public Present: None Chairman Kamm asked for the approval of the May 13, 2008 minutes. Don Heck made a motion to approve the minutes. Motion seconded by Dean Taylor. Motion carried. Old Business: None New Business: Case No.: Address: Petitioner: BBA-09-2008 1215/1217 Turner St. Ms Liz Harrow, Architect Randall Kamm introduced Case No. BBA-09-2008, petitioned by Ms. Liz Harrow, Architect and represented by Mr. Terry Terry, owner of one of the two properties. The request is to be allowed to place an opening between two adjacent buildings across the property line. Mr. Terry stated that it was basically to provide access between the two buildings. After some discussion Jim Bennett stated that the Building Safety would prefer to see a 90 minute door on both sides, or one 180 minute door, to be the equivalent of a wall, not an opening. After additional discussion, _ .n Heck made a motion to allow the wail penetration between 1215 and 1217 Turner Street with the following conditions: 1. They provide easement language suitable to the City of Lansing and filed with the appropriate Register of Deeds. 2. They install 2-90 minute doors or 1-180 minute door with appropriate magnetic hold opens, latches, and closers. 3. That annual maintenance and inspection reports be provided to the Fire Marshall. 4. All applicable permits are obtained. 5. Appropriate Signage stating that this is a "Fire Door Do Not Block". Seconded by Dean Taylor the motion carried unanimously. Other Business: Jim Bennett stated that there was another case. That Mr. Abbey filed for an appeal before the due date of the August meeting. He was invited to this meeting, because if it pleases the Board and the appeal could be heard today, the August meeting could be cancelled. Case No.: Address: Petitioner: BBA-10-2008 1145/1147 S. Washington Ave. A&G Investment/Mary Izzo Mr. Kamm introduced Case No. BBA-10-2008 petitioned by A&G Investment/Mary Izzo and represented by Geno Abbey who leases one of the properties. The request is to be allowed to place an opening between two adjacent buildings across the property line. After some discussion Don Heck made a motion to allow the wall penetration at 1145 and 1147 S. Washington Avenue with the following conditions: 1. The wall between the two addresses must be rated 2 hours. 2. They provide easement language suitable to the City of Lansing and filed with the Register of Deeds. 80 minute door with appropriate hold opens and 3. They install 2-90 minute doors or 1-1 closures. 4. That annual maintenance and inspection reports must be provided to the Fire Marshall regarding the fire system; including the door equipment and the door signage that it is a "Fire Door Do Not Block". 5. All applicable permits are obtained. Seconded by Dean Taylor, motion carried unanimously. Public Comment: None At 1:41 p.m., Don Heck moved to adjourn. Motion seconded by Dean Taylor. Motion carried. Res ctfull submitted, James enne , ecretary Draft date: Jul 30, 2008 Approved date: 4-0 oe cc: Mayor's Office Board Secretary City Clerk's Office Building Safety Office Staff Representatives Appeal folders Appeal applicants Public file-original S 1 DEPARTMENT OF PLANNING AND v� G NEIGHBORHOOD DEVELOPMENT ' 316 N. Capitol Avenue,Suites C-1 • Lansing MI 48933-1238 (517)483-4355•FAX: (517)377-0169 BUILDING SAFETY OFFICE ICHIG Virg Bernero, Mayor May 20, 2008 OFFICIAL PROCEEDINGS BUIL DING BOARD OF APPEALS SIN Held at 316 N. Capitol Ave. at 2:00 pm MAY 13, 2008 The May 2008 meeting of the City of Lansing Building card ofers Appeals attendance:pealsscalled to order at 2:05 p.m. by Chairman Randall Kamm. The g Randall Kamm, Chairman Donald Heck, Vice Chairman Dean Taylor James Drake - r..a Members absent: None = _ Staff Present: James Bennett, Secretary Phil Sabon, Assistant Fire Marshal -y j Scott Sanford, Code Compliance Officer -' Steve Swan, Building Inspector t i Brenda Jodway, Recording Secretary Petitioners Present: Christopher Garno Priscilla Holmes Jim Bennett representing Christine Segerlind Public Present: Robert G. Cusack, Owner of 504 S. Hayford St. Chairman Kamm asked for the approval of the March 11, 2008 minutes. Don Heck made a motion to approve the minutes. Motion seconded by James Drake. Motion carried. Old Business: Case No: Address: Petitioner: BBA-04-2008 220 Reo Ave. Priscilla Holmes Randall Kamm introduced old business of appeal BBA-04-2008 regarding 220 Reo Avenue. Jim Bennett stated that at the request of Priscilla Holmes's attorney the appeal had been tabled, until a re-inspection of completed work could be done. Mr. Bennett stated that the Code Compliance Office had informed him that a re-inspection had taken place, yesterday, May 12, 2008 and that provided the fees had been paid the Certificate of Compliance for that property was in the process of being printed. Priscilla Homes stated that based upon this information, she was withdrawing the appeal. Building Board of Appeals May 13,2t Page 3 repairs are to be done, the Building Safety Office (BSO) must determine the fair market cost of the proposed/required work. If the estimated cost of the work exceeds 50% of the market value of the building, section R105.3.1.1 MRC 2003 requires that the Board of Appeals determine if the proposed work is a "substantial improvement or substantial damage". If it is determined by the Board that the work is a "substantial improvement or substantial damage", then the requirements of section R323 shall apply and a permit from DEQ is also required. The Board questioned Mr. Swan regarding his inspection of the property and the method he used to make his estimate of the fair market cost of repairs. Mr. Cusack spoke opposing the Building Safety Office's determination that the work is a substantial improvement. After much discussion, Don Heck made a motion to support the finding that the necessary work is a substantial improvement. Seconded by James Drake motion carried unanimously. Other Business: Jim Bennett stated that three of the Board Members terms will expire this year. He has to officially ask them if they want to be reappointed to the Building Board of Appeals. When asked, Dean Taylor, Don Heck & Randall Kamm all responded yes they were willing to be reappointed to the Board. Public Comment: None At 2:40, Don Heck moved to adjourn. Motion seconded by James Drake. Motion carried. Res pectfAy-"miffed, James Bennett, Secretary Draft date: May 20, 2008 Approved date: cc: Mayor's Office Board Secretary City Clerk's Office Building Safety Office Staff Representatives Appeal folders Appeal applicants Public file-original S I NC DEPARTMENT OF PLANNING AND NEIGHBORHOOD DEVELOPMENT 316 N.Capitol Avenue,Suites C-1 • Lansing M1 48933-1238 (517)483-4355•FAX: (517)377-0169 1 c H i BUILDING SAFETY OFFICE Virg Bernero, Mayor Date: July 28, 2008 To: City Clerk's Office City Council Offices City Hall Personnel Mayor's Office From: James Bennett RE: BUILDING BOARD OF APPEALS MEETING CANCELLATION NOTICE The regularly scheduled Building Board of Appeals Meeting for Tuesday, August 23, 2008, has been cancelled. The next regularly scheduled meeting will be Tuesday, September 9, 2008 at 2.00 pm in the Conference Room at 316 N. Capitol Ave., Suite C-3, Lansing, Michigan. cc: Board Members (4) Building Safety Lobby Board Secretary Appeal folders Applicants Public file - Original S 1NG DEPARTMENT OF PLANNING AND NEIGHBORHOOD DEVELOPMENT 316 N.Capitol Avenue,Suites C-1 • Lansing MI 48933-1238 (517)483-4355•FAX: (517)377-0169 I c H BUILDING SAFETY OFFICE Virg Bernero,Mayor Date: July 8, 2008 To: City Clerk's Office City Council Offices City Hall Personnel Mayor's Office From: James Bennett RE: BUILDING BOARD OF APPEALS MEETING CANCELLATION NOTICE The regularly scheduled Building Board of Appeals Meeting for Tuesday, July 8, 2008 was cancelled last minute due to no quorum. The next regularly scheduled meeting will be Tuesday, August 12, 2008 at 2.00 pm in the Conference Room at 316 N. Capitol Ave., Suite C-3, Lansing, Michigan. cc: Board Members (4) Building Safety Lobby Board Secretary Appeal folders Applicants Public file- Original SING DEPARTMENT OF PLANNING AND NEIGHBORHOOD DEVELOPMENT 316 N.Capitol Avenue,Suites C-1 • Lansing MI 48933-1238 (517)483-4355•FAX: (517)377-0169 I c H I G BUILDING SAFETY OFFICE Virg Bernero, Mayor ' Date- March 20, 2008 C-) To- City Clerk's Office City Council Offices City Hall Personnel Mayor's Office co From: James Bennetta�> RE: BUILDING BOARD OF APPEALS MEETING CANCELLATION NOTICE The regularly scheduled Building Board of Appeals Meeting for Tuesday, April 8, 2008, has been cancelled. The next regularly scheduled meeting will be Tuesday, May 13, 2008 at 2.00 pm in the Conference Room at 316 N. Capitol Ave., Suite C-3, Lansing, Michigan. cc: Board Members (4) Building Safety Lobby Board Secretary Appeal folders Applicants Public file - Original �r151 � ti G DEPARTMENT OF PLANNING AND r� NEIGHBORHOOD DEVELOPMENT I ;1, G P 316 N.Capitol Avenue, Suites C 1 • Lansing MI 48933-1238 r_- (517)483-4355• FAX: (517)377-0169 = 1' Virg Bernero, Mayorn. March 17, 2007 BUILDING SAFETY OFFICE E-5 ^ OFFICIAL PROCEEDINGS OF THE CITY OF LANSING BUILDING BOARD OF APPEALS Held at 316 N. Capitol Ave. at 2:00 pm L March 11 , 2008 The March 2008 meeting of the City of Lansing Building Board of Appeals was called to order at 2:04 p.m. by Chairman Randall Kamm. The following members were in attendance: Randall Kamm, Chairman Donald Heck, Vice Chairman James Drake Members absent: Dean Taylor (Excused) Staff Present: James Bennett, Chief Plan Review Analyst, Secretary Phil Sabon, Assistant Fire Marshal Brenda Jodway, Recording Secretary Scott Sanford, Code Compliance Officer Petitioners Present: Ms. Priscilla Holmes, petitioner Mr. David Anderson, Attorney, representing Ms. Holmes Public Present: None Chairman Kamm asked for the approval of the January 8, 2008 minutes. James Drake made a motion to approve the minutes. Motion seconded by Don Heck. Motion carried. Old Business: Case No.: Address: BBA-07-2007 500 E. Michigan Ave. Letter from Fire Prevention Mr. Kamm on behalf of the Board received the letter from the Fire Marshal Office approving the proposed stretcher, location of the secured rooms, and maintenance provisions included in the Condo Association agreement. The letter shall be placed in the file and the appeal closed. Case No.: Address: BBA-01-2008 220 Reo Ave. Tabled at 1/8/08 Meeting Randall Kamm reopened the appeal by presenting the City Attorney's opinion received regarding the three questions posed by the Board. See attachment 1. Building Board of Appeals-Minutes Mar 2008 Page 3 Questions were asked of Scott Sanford, Code Compliance Officer and of the Building Safety staff. After more discussion Don Heck made a motion that the Correction Notice of December 12, 2007 pursuant to the authority in Section 1460.12 of the Lansing Housing & Premises Code, as amended, be upheld and the appeal denied, with the provision that an extension to complete the work under the Building Permit would be granted until no later than June 1, 2008.. Seconded by James Drake the motion carried. Case No: Address: Petitioner: BBA-04-2008 220 Reo Ave. Priscilla Holmes Mr. Anderson presented the petitioner's case. After some discussion, Mr. Anderson noted that some of the items in the correction notice have been resolved and requested that the appeal be tabled until a re-inspection can be completed by the Code Compliance Office. Mr. Anderson stated that if the inspection is satisfactory they would withdraw the appeal and if not the matter would be reopened. Don Heck made a motion to table appeal BBA-04-2008 until May 12, 2008. Seconded by James Drake the motion carried. Other Business: None Public Comment: None At 4:05 p.m., Don Heck moved to adjourn. Motion seconded by James Drake. Motion carried. Respectfully submitted, i James Bennett, Secretary Draft date: 3/19/08 Approved date: cc: Mayor's Office Board Secretary City Clerk's Office Building Safety Office Staff Representatives Appeal folders Appeal applicants Public file-original (3r 419/2008) Jim Bennett- Building Board of Teals-opinion Page 1 From: Mark Leonard To: Bennett, Jim Date: 2/28/2008 1:51 PM Subject: Building Board of Appeals-opinion Dear Mr. Bennett, I apologize for the length of the delay in responding to your request for an opinion on BBA 01-2008. I just received this request on February 27,2008. I will give a short answer to each question posed. I have also added the hearing time and plan to attend this hearing. 1.You have asked, "do the terms'owner' and 'owner in equity' have the same meaning and/or rights and responsibilities?" Short Answer: No There are several distinctions between legal and equitable ownership in real property.The term is defined in section 1460.15 of the Housing Code.The definition therein is a good starting place for the distinction. As defined in subsection 15 and owner is any person, corporation, partnership,trust, limited liability company, or D.B.A.who has ownership as evidenced by a deed,a land contract,or some other kind of documentation that shows a legal interest in a parcel. 2.You have asked, "does the BBA, or did the BBA have the authority to designate who must occupy dwelling unit as it did in case #316?" Short Answer: No. I know of know authority under the Lansing Code of Codified Ordinances that would allow the BBA to dictate who is allowed to live in a dwelling unity.To the contrary there is vast amount of authority that preventing or mandating who should occupy a dwelling is illegal. 3. In accordance with our discussion of February 28, 2008 it would be my opinion that the conditions be modified as follows: a)Condition that building remain owner-occupied by stricken. b) Condition that only one occupant may occupy third floor be amended that occupancy must be in accordance with the housing code with the occupancy being directly linked to the square footage of the dwelling place. With the above mentioned modifications it is my opinion that the remaining requirements are enforceable. Please let me know if any of these answers require further elaboration. Sincerely, Mark A. Leonard Mark A. Leonard Assistant City Attorney Office of the City Attorney 124 W. Michigan Avenue 5th Floor, City Hall Lansing, MI 48933 (517)483-4326 PRIVILEGED AND CONFIDENTIAL: This electronic message, together with all of its contents, contains information from the Office of the City Attorney. This information may be privileged, confidential, or otherwise protected from disclosure. The information is intended for the addressee(s) only and any unauthorized use is prohibited. Do not ATTACHMENT 2- BBA Meeting Minutes 3-11-2008 BBA-01-2008 Staff Recommendations; The Building Safety Office and the Fire Prevention Office make the following recommendations with regard to BBA-01-2008 modification of BBA Appeal 4316 of November 13, 1984. That Requirement 1 be stricken as recommended by the City Attorney. That Requirement 2 be clarified to read"Occupant load of third floor apartment shall not exceed that permitted by the Housing Code or the Michigan Building Code (not more that 1 occupant for each 200 square feet of gross floor space within the apartment)." That Item 3 be strictly enforced and clarified to read "Hard wired (with battery backup) and interconnected single station smoke detectors shall be installed as required by the Michigan Building Code. A smoke detector would be required in each sleeping room, in the immediate vicinity giving access to the sleeping areas, and in each story including the basement.(see section 907.2.10.1.2 MBC)." That Item 4 be edited to read "Wired glass or fire rated glazing shall be installed in each window opening located within ten (10) feet of the exterior ladder. Such windows shall be fixed or rendered inoperable." Item 5 has been complied with and should remain as stated. Staff requests that an additional requirement be added stating"The interior means of egress path from the third floor apartment to the exit discharge shall be constructed and maintained as a rated corridor. Doors opening into the stairway and/or corridor shall be solid core wood doors (minimum 1 3/8 inch thick) or 20 minute labeled doors and shall be equipped with automatic closers and positive latch. Doors will not be required to be smoke and draft control assemblies. The corridor shall be posted with an approved permanent sign stating NO STORAGE OR OCCUPANCY IS PERMITTED IN THE CORRIDOR OR STAIRWAY and on each fire door an approved sign stating FIRE DOOR— KEEP CLOSED." Staff suggests a compliance due date of May 12, 2008. S1 � DEPARTMENT OF PLANNING AND 1 P NEIGHBORHOOD DEVELOPMENT CHI 316 N.Capitol Avenue,Suites C-1 • Lansing MI 48933-1238 (517)483-4355•FAX: (517)377-0169 Virg Bernero, Mayor March 17, 2007 BUILDING SAFETY OFFICE OFFICIAL PROCEEDINGS OF THE CITY OF LANSING BUILDING BOARD OF APPEALS Held at 316 N. Capitol Ave. at 2:00 pm March 11 , 2008 The March 2008 meeting of the City of Lansing Building Board of Appeals was called to order at 2:04 p.m. by Chairman Randall Kamm. The following members were in attendance: Randall Kamm, Chairman Donald Heck, Vice Chairman James Drake Members absent: Dean Taylor (Excused) Staff Present: James Bennett, Chief Plan Review Analyst, Secretary Phil Sabon, Assistant Fire Marshal co Brenda Jodway, Recording Secretary Scott Sanford, Code Compliance Officer Petitioners Present: Ms. Priscilla Holmes, petitioner Mr. David Anderson, Attorney, representing Ms. Holmes Public Present: None Chairman Kamm asked for the approval of the January 8, 2008 minutes. James Drake made a motion to approve the minutes. Motion seconded by Don Heck. Motion carried. Old Business: Case No.: Address: BBA-07-2007 500 E. Michigan Ave. Letter from Fire Prevention Mr. Kamm on behalf of the Board received the letter from the Fire Marshal Office approving the proposed stretcher, location of the secured rooms, and maintenance provisions included in the Condo Association agreement. The letter shall be placed in the file and the appeal closed. Case No.: Address: BBA-01-2008 220 Reo Ave. Tabled at 1/8/08 Meeting Randall Kamm reopened the appeal by presenting the City Attorney's opinion received regarding the three questions posed by the Board. See attachment 1. Building Board of Appeals-Minutes Mar 2008 Page 3 Questions were asked of Scott Sanford, Code Compliance Officer and of the Building Safety staff. After more discussion Don Heck made a motion that the Correction Notice of December 12, 2007 pursuant to the authority in Section 1460.12 of the Lansing Housing & Premises Code, as amended, be upheld and the appeal denied, with the provision that an extension to complete the work under the Building Permit would be granted until no later than June 1, 2008.. Seconded by James Drake the motion carried. Case No: Address: Petitioner: BBA-04-2008 220 Reo Ave. Priscilla Holmes Mr. Anderson presented the petitioner's case. After some discussion, Mr. Anderson noted that some of the items in the correction notice have been resolved and requested that the appeal be tabled until a re-inspection can be completed by the Code Compliance Office. Mr. Anderson stated that if the inspection is satisfactory they would withdraw the appeal and if not the matter would be reopened. Don Heck made a motion to table appeal BBA-04-2008 until May 12, 2008. Seconded by James Drake the motion carried. Other Business: None Public Comment: None At 4:05 p.m., Don Heck moved to adjourn. Motion seconded by James Drake. Motion carried. Respectfully submitted, i James Bennett, Secretary Draft date: 3/19/08 Approved date: cc: Mayor's Office Board Secretary City Clerk's Office Building Safety Office Staff Representatives Appeal folders Appeal applicants Public file-original (3/19/2008) Jim Bennett- Building Board o' )eals-opinion Page 1 From: Mark Leonard To: Bennett, Jim Date: 2/28/2008 1:51 PM Subject: Building Board of Appeals-opinion Dear Mr. Bennett, I apologize for the length of the delay in responding to your request for an opinion on BBA 01-2008. I just received this request on February 27,2008, I will give a short answer to each question posed. I have also added the hearing time and plan to attend this hearing. 1. You have asked, "do the terms'owner' and 'owner in equity' have the same meaning and/or rights and responsibilities?" Short Answer: No There are several distinctions between legal and equitable ownership in real property.The term is defined in section 1460.15 of the Housing Code.The definition therein is a good starting place for the distinction. As defined in subsection 15 and owner is any person, corporation, partnership,trust, limited liability company, or D.B.A. who has ownership as evidenced by a deed,a land contract,or some other kind of documentation that shows a legal interest in a parcel. 2.You have asked, "does the BBA, or did the BBA have the authority to designate who must occupy dwelling unit as it did in case#316?" Short Answer: No. I know of know authority under the Lansing Code of Codified Ordinances that would allow the BBA to dictate who is allowed to live in a dwelling unity.To the contrary there is vast amount of authority that preventing or mandating who should occupy a dwelling is illegal. 3. In accordance with our discussion of February 28, 2008 it would be my opinion that the conditions be modified as follows: a) Condition that building remain owner-occupied by stricken. b) Condition that only one occupant may occupy third floor be amended that occupancy must be in accordance with the housing code with the occupancy being directly linked to the square footage of the dwelling place. With the above mentioned modifications it is my opinion that the remaining requirements are enforceable. Please let me know if any of these answers require further elaboration. Sincerely, Mark A. Leonard Mark A. Leonard Assistant City Attorney Office of the City Attorney 124 W. Michigan Avenue 5th Floor, City Hall Lansing, MI 48933 (517) 483-4326 PRIVILEGED AND CONFIDENTIAL: This electronic message, together with all of its contents, contains information from the Office of the City Attorney. This information may be privileged, confidential, or otherwise protected from disclosure. The information is intended for the addressee(s)only and any unauthorized use is prohibited. Do not ATTACHMENT 2- BBA Meeting Minutes 3-11-2008 BBA-01-2008 Staff Recommendations; The Building Safety Office and the Fire Prevention Office make the following recommendations with regard to BBA-01-2008 modification of BBA Appeal #316 of November 13, 1984. That Requirement 1 be stricken as recommended by the City Attorney. That Requirement 2 be clarified to read"Occupant load of third floor apartment shall not exceed that permitted by the Housing Code or the Michigan Building Code (not more that 1 occupant for each 200 square feet of gross floor space within the apartment)." That Item 3 be strictly enforced and clarified to read"Hard wired (with battery backup) and interconnected single station smoke detectors shall be installed as required by the Michigan Building Code. A smoke detector would be required in each sleeping room, in the immediate vicinity giving access to the sleeping areas, and in each story including the basement.(see section 907.2.10.1.2 MBC)." That Item 4 be edited to read "Wired glass or fire rated glazing shall be installed in each window opening located within ten (10) feet of the exterior ladder. Such windows shall be fixed or rendered inoperable." Item 5 has been complied with and should remain as stated. Staff requests that an additional requirement be added stating"The interior means of egress path from the third floor apartment to the exit discharge shall be constructed and maintained as a rated corridor. Doors opening into the stairway and/or corridor shall be solid core wood doors (minimum 1 3/8 inch thick) or 20 minute labeled doors and shall be equipped with automatic closers and positive latch. Doors will not be required to be smoke and draft control assemblies. The corridor shall be posted with an approved permanent sign stating NO STORAGE OR OCCUPANCY IS PERMITTED IN THE CORRIDOR OR STAIRWAY and on each fire door an approved sign stating FIRE DOOR—KEEP CLOSED." Staff suggests a compliance due date of May 12, 2008. S I Nc DEPARTMENT OF PLANNING AND NEIGHBORHOOD DEVELOPMENT 316 N.Capitol Avenue,Suites C-1 • Lansing MI 48933-1238 (517)483-4355•FAX: (517)377-0169 I c H 1 BUILDING SAFETY OFFICE Virg Bernero,Mayor Date: January 29, 2008 To: City Clerk's Office City Council Offices City Hall Personnel Mayor's Office From: James Bennett RE: BUILDING BOARD OF APPEALS MEETING CANCELLATION NOTICE The regularly scheduled Building Board of Appeals Meeting for Tuesday, February 12, 2008, has been cancelled. The next regularly scheduled meeting will be Tuesday, March 11 , 2008, at 2.00 pm in the Conference Room at 316 N. Capitol Ave., Suite C-3, Lansing, Michigan. cc: Board Members (4) Building Safety Lobby Board Secretary Appeal folders Applicants Public file - Original S I �G DE[-ARTMENT OF PLANNING AND NEIGHBORHOOD DEVELOPMENT 316 N. Capitol Avenue, Suites C-1 • Lansing MI 48933-1238 (517)483-4355• FAX: (517)377-0169 I C H 1 G BUILDING SAFETY OFFICE Virg Bernero, Mayor OFFICIAL PROCEEDINGS OF THE CITY OF LANSING BUILDING BOARD OF APPEALS Held at 316 N. Capitol Ave. at 2:00 pm January 8, 2008 The January 2008 meeting of the City of Lansing Building Board of Appeals was called to order at 2:07 p.m. by Chairman Randall Kamm. The following members were in attendance: Randall Kamm, Chairman G>7 Donald Heck, Vice Chairman = Dean Taylor James Drake Members absent: None 1-4 Staff Present: James Bennett, Secretary Phil Sabon, Assistant Fire Marshal Brenda Jodway, Recording Secretary Petitioners Present: Craig Whitford, Code Compliance Officer representing petitioner Jim McCue, Code Compliance Office Manager Ms. Priscilla Holmes, petitioner represented by Mr. David Anderson, Attorney, of Anderson, Stull & Associates Public Present: None Chairman Kamm asked for the approval of the November 13, 2007 minutes. Don Heck made a motion to approve the minutes. Motion seconded by James Drake. Motion carried. Old Business: None New Business: Case No.: Address: Petitioner: BBA-001-2008 220 Reo Avenue Jim McCue, Manager of Code Compliance Randall Kamm introduced Mr. Craig Whitford, Code Compliance Officer representing the petitioner, Jim McCue, Code Compliance Office Manager. The petitioner is requesting that the Building Board of Appeals revoke appeal decision # 316 of the November 13, 1984 for cause. The conditions attached to appeal decision #316 are not currently satisfied or maintained by the petitioner of the original appeal. Mr. Whitford presented the appeal on behalf of the Code Compliance Office and answered questions from the Board. It was determined by the Boarc, .it the zoning issues regarding the com—ded use as a three unit building was not within the authority of the Board and needed to be taken to the Zoning Board of Appeals. Mr. Anderson presented the rebuttal and submitted documents to the Board on behalf of the owner, Ms. Priscilla Holmes, and answered questions from the Board. After much discussion, Don Heck made a motion to table Case # BBA-001-2008 until an opinion could be received from the City Attorney regarding the following questions; 1. Define "owner" and "owner in equity", does an "owner in equity" have the same meaning and/or rights and responsibilities? 2. Does the BBA, or rather did the BBA in 1984 have the authority to designate who must occupy a dwelling unit as it did in case #316? And 3. The BBA further requests that the City Attorney review case #316 of 1984 and determine if the BBA required any item outside its authority. Seconded by Dean Taylor, motion carried. Case No.: Address: Petitioner: BBA-002-2008 220 Reo Avenue Priscilla Holmes Randall Kamm introduced Mr. Anderson, the petitioner's attorney. Mr. Anderson presented the appeal and submitted supporting documentation to the Board. Mr. Anderson and Mr. Whitford answered questions from the Board. After much discussion, Don Heck made a motion to grant the appeal to vacate the notice of violation of the Lansing City Code for hazardous unsanitary premise by virtue of brush being present on the river bank. Seconded by Dean Taylor, motion carried unanimously. Other Business: None Public Comment: None The next regularly scheduled meeting will be February 12, 2008 if there is new business or the requested information is received from the City Attorney for the tabled appeal. At 3:48 p.m., Don Heck moved to adjourn. Motion seconded by James Drake. Motion carried. Respectfully submitted, James Bennett, Secretary Draft date: January 15, 2008 Approved date: qx� ff , -o cc: Mayor's Office Board Secretary City Clerk's Office Building Safety Office Staff Representatives Appeal folders Appeal applicants Public file-original SING DEr ARTMENT OF PLANNING AND NEIGHBORHOOD DEVELOPMENT 316 N.Capitol Avenue, Suites C-1 . Lansing MI 48933-123r, c (517)483-4355• FAX: (517)377-0169 I CH i G BUILDING SAFETY OFFICE �t Virg Bernero, Mayor OFFICIAL PROCEEDINGS OF THE CITY OF LANSING c ;� BUILDING BOARD OF APPEALS U1 Held at 316 N. Capitol Ave. at 2:00 pm January 8, 2008 The January 2008 meeting of the City of Lansing Building Board of Appeals was called to order at 2:07 p.m. by Chairman Randall Kamm. The following members were in attendance: Randall Kamm, Chairman Donald Heck, Vice Chairman Dean Taylor James Drake Members absent: None Staff Present: James Bennett, Secretary Phil Sabon, Assistant Fire Marshal Brenda Jodway, Recording Secretary Petitioners Present: Craig Whitford, Code Compliance Officer representing petitioner Jim McCue, Code Compliance Office Manager Ms. Priscilla Holmes, petitioner represented by Mr. David Anderson, Attorney, of Anderson, Stull & Associates Public Present: None Chairman Kamm asked for the approval of the November 13, 2007 minutes. Don Heck made a motion to approve the minutes. Motion seconded by James Drake. Motion carried. Old Business: None New Business: Case No.: Address: Petitioner: BBA-001-2008 220 Reo Avenue Jim McCue, Manager of Code Compliance Randall Kamm introduced Mr. Craig Whitford, Code Compliance Officer representing the petitioner, Jim McCue, Code Compliance Office Manager. The petitioner is requesting that the Building Board of Appeals revoke appeal decision # 316 of the November 13, 1984 for cause. The conditions attached to appeal decision #316 are not currently satisfied or maintained by the petitioner of the original appeal. Mr. Whitford presented the appeal on behalf of the Code Compliance Office and answered questions from the Board. It was determined by the Board t the zoning issues regarding the con, ed use as a three unit building was not within the authority of the Board and needed to be taken to the Zoning Board of Appeals. Mr. Anderson presented the rebuttal and submitted documents to the Board on behalf of the owner, Ms. Priscilla Holmes, and answered questions from the Board. After much discussion, Don Heck made a motion to table Case # BBA-001-2008 until an opinion could be received from the City Attorney regarding the following questions; 1. Define "owner" and "owner in equity", does an "owner in equity" have the same meaning and/or rights and responsibilities? 2. Does the BBA, or rather did the BBA in 1984 have the authority to designate who must occupy a dwelling unit as it did in case#316? And 3. The BBA further requests that the City Attorney review case #316 of 1984 and determine if the BBA required any item outside its authority. Seconded by Dean Taylor, motion carried. Case No.: Address: Petitioner: BBA-002-2008 220 Reo Avenue Priscilla Holmes Randall Kamm introduced Mr. Anderson, the petitioner's attorney. Mr. Anderson presented the appeal and submitted supporting documentation to the Board. Mr. Anderson and Mr. Whitford answered questions from the Board. After much discussion, Don Heck made a motion to grant the appeal to vacate the notice of violation of the Lansing City Code for hazardous unsanitary premise by virtue of brush being present on the river bank. Seconded by Dean Taylor, motion carried unanimously. Other Business: None Public Comment: None The next regularly scheduled meeting will be February 12, 2008 if there is new business or the requested information is received from the City Attorney for the tabled appeal. At 3:48 p.m., Don Heck moved to adjourn. Motion seconded by James Drake. Motion carried. Respectfully submitted, James Bennett, Secretary Draft date: January 15, 2008 Approved date: cc: Mayor's Office Board Secretary City Clerk's Office Building Safety Office Staff Representatives Appeal folders Appeal applicants Public file-original