Minutes_Housing Code Appeals Board 8 17 10DATE: 17 August 2010
TIME: 4:30 p.m.
PLACE: Housing and Community Development Department
Chairperson Robert Schaub called the meeting to order at 4:30 p.m. following staff assurance of
compliance with lowa Open Meeting Law.
Board Members Present:
Staff Present:
Public Present:
New Business
This is a Section 8 inspection.
MINUTES OF HOUSING CODE APPEALS BOARD
Bill Kinsella
Fred Miller
Robert Boge
Tom Smith
Tami Ernster
Bryce Davis
Dave Stuart
Paul Newman
David Young
Janet Walker
Tim Moler
Jason Tuthill
Atty. Chris Soppe
Robert Schaub
Roger Benz
Atty. Tim O'Brien
Richard Brenner
Review and Certification of Minutes of 15 June 2010 Housing Code Appeals Board
Meeting
Bill Kinsella motioned to approve the minutes. Paul Newman seconded. Motion passed 5 -0.
Correspondence /Public Input
There was no correspondence or public input.
Consent Agenda
The consent agenda items are considered to be routine and non - controversial and all consent
items will be normally voted upon in a single motion without any separate discussion on a
particular item.
The following property owners have requested an extension of time to complete repairs. The
Housing and Community Development staff concurs with the extension of time requested and
respectfully requests Housing Appeals Board approval.
Genesis Two Management, Inc. - owner of 1411% Lincoln Avenue -- extension to 8/20110
Highlands of Dubuque - owner of 663 -675 W 11 Street - extension to 10/20/10
ALL DEFICIENCIES AND MOTIONS ARE IN ACCORDANCE WITH THE DUBUQUE
HOUSING CODE UNLESS OTHERWISE STATED. EXTENSIONS OF TIME ARE GRANTED
IN ACCORDANCE WITH TITLE 6 SECTION 6 -9F(1) AND VARIANCES ARE GRANTED IN
ACCORDANCE WITH TITLE 6 SECTION 6- 9F(2).
Dave Young motioned to approve the consent agenda. Bill Kinsella seconded. Motion passed
5 -0.
CASE #1
Michelle Mihalakis, owner of 205 -207 E 22 Street, is requesting a 90 day extension to reside
and replace windows.
Owner is requesting an extension to October 15, 2010. Owner can only receive extension to
September 15, 2010, after which time the property will go into abatement.
Bill Kinsell moved to approve an extension to September 15, 2010. Paul Newman seconded.
Motion passed 5 -0.
CASE #2
Mid American Construction /Properties, owner of 743 University Avenue, is requesting a
variance on ceiling height and light ventilation.
This is a Section 8 inspection.
The ceiling height in the third floor room is 77" — the minimum is 84 ". This room was an attic, but
it is hard to tell if this is original construction. The floor area is 15'x16' or 240 sq. ft. requiring 19
sq. ft. of natural light and half that for natural ventilation. The window is 33 "x60" providing 13.76
sq. ft. of natural light and half that for natural ventilation. This room is short 5.25 sq. ft. natural
light and 2.62 sq. ft. natural ventilation.
Paul Newman moved to grant the variance due to practical difficulties and no immediate danger
to the public. Bill Kinsella seconded. Motion passed 5 -0.
CASE #3
Christopher Richard, owner of 505 W 17 Street is requesting a variance from a basement
entrance through a bathroom.
This is a Section 8 inspection.
Dave Young moved to grant the variance. Paul Newman seconded. Motion passed 5 -0.
CASE #4
Larry and Brenda Husemann, owner of 131 E 13 Street, are requesting an extension of time
for peeling paint as they are applying for lead grant funds.
This is a General Housing inspection.
Lead funds are currently not available. If the City receives another grant, funding will not be
available until next Spring.
Due to the fact that lead funds are not available at this time, Fred Miller moved to deny the
extension of time. Bill Kinsella seconded. Motion passed 5 -0.
CASE #5
Jason and Michelle Tuthill, owner of 1030 W 5 Street, are requesting up to a five -year
extension of time to reglaze windows and remove peeling paint on window sashes.
This is a General Housing inspection.
Owners are requesting that they be allowed to wait until the next inspection cycle to make the
repairs as they have been hit with a street assessment, new boiler replacement and updated
electrical. They have run out of funds to make further repairs as they felt the boiler and
electrical were more important.
Because the owners are current in the inspection cycle and will be current through the winter
moratorium, it was moved by Paul Newman to deny the five year extension and have the owner
reapply for an extension in June 2011. Dave Young seconded. Motion passed 5 -0.
CASE #6
Richard Brenner, owner of 2874 Washington, is requesting another extension on painting until
August 30, 2010.
This is a General Housing inspection.
Mr. Brenner was previously given an extension to June 15, 2010.
Due to the weather and issues with another building Mr. Brenner is dealing with, Mr. Brenner
appeared to ask for additional time beyond August 30, 2010. Dave Young moved to grant an
extension to September 17, 2010. Paul Newman seconded. Motion passed 5 -0.
CASE #7
Dave Stuart, agent for 1509 and 1511 Bluff Street is requesting the order of the Housing Officer
be reversed because 1) property is not subject to Section 26 of the City of Dubuque ordinances,
2) buildings are currently in compliance with Sec. 6- 6- 10G3a, and 3) order violates the Stn
Amendment of the Constitution of the United States.
This is a General Housing inspection.
Robert Boge was put under oath and questioned regarding inspection of this property. Mr.
Stuart was also put under oath to answer questions regarding his appeal. Paul Newman moved
the order of the housing officer be affirmed. Bill Kinsella seconded. Motion passed 5 -0.
Old Business
Mary Richards, owner of 1472 Locust Street, is requesting the order of the Housing Officer be
reversed because 1) structure is currently in compliance with Sec 6- 6- 10(g), 2) building
complies with Sec 6- 6- 9(f)(2)e and Sec 6 -6 -3, 3) order specifies inappropriate treatment per Sec
6 -6 -10, 4) order requires repair to structure not covered under housing regulations, 5) inspection
of property not per Sec 6 -6 -7, and 6) per Sec 6 -6 -1( C) and Sec 6 -6 -3 continued use without
changes is authorized.
This is a General Housing Inspection.
This case will be brought back to the next meeting and will be discussed at that time.
Information Sharing
There was no information to share.
ADJOURNMENT
Bill Kinsella moved to adjourn. David Young seconded. Motion passed 5 -0. The meeting was
adjourned at 6:10 p.m.
Minutes prepared by:
Tami Ernster
Permit Clerk
Respectfully submitted:
1
obert Boge
Housing inspection Supervisor