Minutes_Housing Code Appeals Board 10 19 10DATE: 19 October 2010
TIME: 4:30 p.m.
PLACE: Housing and Community Development Department
Chairperson Robert Schaub called the meeting to order at 4:45 p.m. following staff assurance of
compliance with Iowa Open Meeting Law.
Board Members Present:
Staff Present:
Public Present:
MINUTES OF HOUSING CODE APPEALS BOARD
Bill Kinsella
Fred Miller
Robert Boge
Atty. Tim O'Brien
Dave Stuart
Review and Certification of Minutes of 17 August 2010 Housing Code Appeals Board
Meeting
Bill Kinsella motioned to approve the minutes. David Young 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.
There were no consent agenda items to discuss.
Paul Newman Robert Schaub
David Young
Roger Benz Richard Firzlaff
Tami Ernster
Atty. Stuart Hoover
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).
New Business
CASE #1
Christopher Bainbridge, owner of 590/592 University Avenue, is requesting an extension of time
to make repairs as his building was badly vandalized and left in a distressed state.
This is a General Housing inspection.
David Young moved to approve a three month extension. Bill Kinsella seconded. Motion
passed 5 -0.
CASE #2
Mike Shaffer, owner of 716 Peru road, is requesting a variance on an existing bathroom as it is
an entrance of a bedroom.
This is a Rehab inspection.
Inspector is requesting that a hallway be built to separate the bathroom from the stairs to the 2nd
floor. It will be very costly and in addition eliminate bathroom closets, require movement of the
tub, sink and toilet, and make the bathroom and living room much smaller.
Dick Firzlaff explained to the board that in order to reach the 2nd floor, entrance to the stairs
must be reached through the existing single bathroom. He is hoping to work with the owner and
the contractor before the board approving the request and asked that this issue be tabled until
the next meeting.
Bill Kinsella moved to table the variance request until more information can be gathered. Paul
Newman seconded. Motion passed 5 -0.
CASE #3
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 inappropriateTreatment 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.
Attorney Stuart Hoover spoke on Mrs. Richards behalf. Robert Boge was put under oath to
answer questions regarding this property. After a number of questions that Attorney Tim
O'Brien declared as irrelevant to the appeal, the Board asked Attorney Hoover to get to the
point and explain what they were appealing. The Board was especially concerned about
whether repairs were going to be made. Attorney Hoover expressed concern about the
inspector trespassing on the property to take pictures of the dilapidated stairs and porch.
David Young moved that the appeal be denied. Paul Newman seconded. Motion passed 5 -0.
Paul Newman moved it was appropriate for an inspector to take pictures on private property as
one his duties. David Young seconded. Motion passed 5 -0. Paul Newman motioned to affirm
the Order of the Housing Officer and deny the request for reversal. David Young seconded.
Motion passed 5 -0.
CASE #4
Dave Stuart, owner of 1509 and 1511 Bluff Street, is protesting the August 2, 2010 order to
repair rear roof: 1) Property is not subject to Section 6, Chapter 6 (HOUSING REGULATIONS)
of City of Dubuque ordinances; 2) Buildings are currently in compliance with performance
requirement of Chapter 6- 6 -10G3; 3) Property complies with Chapt 6 -6 -1(C ); 4) Order violates
the Fifth Amendment of the Constitution of the United States.
This is a General Housing inspection.
Dave Stuart was sworn in at this time. Attorney Hoover asked a number of questions that were
irrelevant to the appeal. David Young moved to deny the request that the Order of the Housing
Officer be reversed and to include all reasons as stated in the appeal. Paul Newman seconded.
Motion passed 5 -0.
Old Business
There was no business to discuss.
Information Sharing
There was no information to share.
Adjournment
Paul Newman moved to adjourn. David Young seconded. Motion passed 5 -0. The meeting
was adjourned at 5:50 p.m.
Minutes prepared by:
Tami Ernster
Permit Clerk
Res•e ully submitted:
Robert Boge
Housing Inspection Supervisor