Minutes Housing Appeals 3 16 04
CITY CLERK
"
MINUTES OF
HOUSING CODE APPEALS BOARD
TUESDAY, MARCH 16,2004
4:30 P.M.
1805 CENTRÞ~ AVE~JE
Dü~UQUE, IOWA 52001
~1EMBERS PRESENT:
Bob Schaub, Tom Hannan, Ed Swift, Bob Sampson
Tom Swift, Bill Kinsella and Ben Durley
MEMBERS ABSENT:
None
STAFF PRESENT:
Kathy Lamb, Tim Moler, Tom Smith, Roger Benz
and Bobbi Delaney
PUBLIC PRESENT:
Tim Wood, Eric Schultz, Ron and Margie White,
Sue and Dave Schmitt and Carol Copeland.
AFFIDAVIT OF COMPLIANCE:
Staff verified that the meeting was being held in compliance with Iowa
Open Meeting Laws. .
CERTIFICATION OF MI~1JTES:
Ed Swift motioned to certify the minutes from February 17, 2004. Bob
Sampson seconded. Motion passed 7-0.
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ALL DEFICIENCIES AND MOTIONS ARE IN ACCORDANCE WITH THE DUBUQUE
RESIDENTIAL HOUSING CODE UNLESS OTHERWISE STATED. EXTENSIONS OF TIME
ARE GRANTED IN ACCORDANCE WITH SECTION 26-9. (f) (1) AND VARIANCES ARE
GRANTED IN ACCORDANCE WITH SECTION 26-9. (f) (2).
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CASE #:
03-00434
264 ALPINE ST
DUBUQUE, IA 52001
MOTION: BILL KINSELLA
SECOND: TOM HÞ--.NNAN
Jeremy Wainwright, owner of 264 Alpine Street, requested an
extension of time until August 31, 2004 to complete exterior
repairs on south exterior stairs that lack a guardrail under
handrail.
This is a Section 8 Annual inspection.
This appeal was tabled at the February 17, 2004 Appeals
Board meeting.
BILL KINSELLA MOTIONED TO GRANT THE EXTENSION OF TIME UNTIL
AUGUST 31, 2004 TO COMPLETE EXTERIOR REPAIRS ON SOUTH
EXTERIOR STAIRS THAT LACK A GUARDRAIL UNDER HANDRAIL.
TOM HANNAN SECONDED. MOTION PASSED 7-0.
.BOARD COMMENTS (IF 1I~) :
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CASE #:
03-00441
415 LOFAS BL
DUBUQUE, IA 52001
MOTION: TOM HANNAN
SECO~~: BEN DL~LEY
Executive Management, agent for 415-419 Loras Boulevard,
requested a variance on the following item:
Rear fire escape does not appear to be properly attached to
building or support post.
Please see appeal for agent's comments.
This is a Section 8 Complaint inspection.
This appeal was tabled at the February 17, 2004 Appeals
Board meeting pending Tim reviewing the fire escape with the
Building Department and contractor Mike Portzen.
Tim brought several pictures to the meeting that showed the
fire escape was not properly attached to the building and
pulling away, ledger board was leaning out, missing lag
bolts into the building and not braced properly.
TOM HANNAN MOTIONED TO TABLE THIS APPEAL UNTIL THE NEXT
APPEALS BOARD MEETING SO CAROL COPELAND CAJ, CONTACT SOMEONE
FROM BUILDING DEPARTMENT AND FIRE DEPARTMENT ABOUT THE FIRE
ESCAPE.
BEN DURLEY SECONDED. TOM SWIFT ABSTAINED FROM VOTING.
MOTION PASSED 6-0.
BOARD COMMENTS (IF AlN) :
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CASE #:
04-00033
2755 VENTURA DR
DUBUQUE, IA 52001
MOTION: BILL KINSELLA
SECOND: ED SWIFT
Eric Schultz, agent for 2755-2759 Ventura Drive, requested
an extension of time until June 15, 2004 to make repairs.
The lower left deck has rotten wood that needs to be
repaired.
The agent is requesting a variance on the front balconies
guardrails. The guardrails have open spaces greater than 6",
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which provide a fall hazard for young children.
This i~ a SectiQn 8 Ann~al inêP~ction.
BILL KINSELLA MOTIONED TO GRANT THE
BÞ~CONIES, WITH THE MOTION TO "PASS
PROVISION THAT EVERY APARTMENT WITH
YOUNGER HAVE THIS MESH INSTALLED.
ED SWIFT SECO}IDED. MOTION PASSED 7-0.
VARIANCE ON THE FRONT
WITH CO1\'LMENT" WITH THE
CHILDREN 12 YEARS OR
ED SWIFT MOTIONED TO GRANT THE EXTENSION OF TIME UNTIL JUNE
15, 2004 TO MAKE DECK REPAIRS IF THEY HAVEN'T ALREADY BEEN
COMPLETED.
BOB SAMPSON SECONDED. MOTION PASSED 7-0.
BOARD COMMENTS (IF ANY) :
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--------- NEW BUSINESS
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CASE #:
03-00425
1961 CENTP-hL AV, #309
DUBUQUE, IA 52001
MOTION: ED SWIFT
SECOND: BOB SAMPSON
Maximo Damaso, owner of 1961 1/2 Central Avenue, requested
an extension of time until June 14, 2004 to make necessary
repairs to the rear exterior porch/fire escape.
1. Repair all exterior guardrails so that all gaps are less
then 6".
All previous porch and fire escape violations at this
property have been re-categorized as "Pass With Comment".
This is a Section 8 Initial inspection.
ED SWIFT MOTIONED TO GRANT THE EXTENSION OF TIME UNTIL JUNE
15,2004 TO MAKE NECESSARY REPAIRS TO THE REAR EXTERIOR
PORCH/FIRE ESCAPE.
BOB SAMPSON SECONDED. MOTION PASSED 7-0.
BOARD COMMENTS (IF ANY) :
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CASE #:
04-00026
1464 CENTRAL AV
DUBUQUE, IA 52001
MOTION: ED SWIFT
SECOND: TOM HANNAN
Jim Gross, owner of 1464 Central Avenue, requested an
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extension of time until June 15, 2004 to make necessary
repairs to the rear exterior porch/fire escape. Temporary
rep_~:L:r:s were alrea,dymade to provide safe emergency exit.
The following repairs need to be made:
1. Replace all rotten decking columns, handrail,
guardrail, and stair components.
2. Repaint all peeling wood on the structure.
3. Replace all broken or cracked decking columns,
handrail, guardrail, and stair components.
4. Close all gaps exceeding 6" on guardrails and handrails.
This is a Section 8 Annual inspection.
ED SWIFT MOTIONED TO GRANT THE EXTENSION OF TIME UNTIL JUNE
15, 2004 TO MAKE NECESSARY REPAIRS TO THE REAR EXTERIOR
PORCH/FIRE ESCAPE.
TOM HANNAN SECONDED. MOTION PASSED 7-0.
BOll_RD COMMENTS (IF ANY) :
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CASE #:
04-00060
605 W 11TH ST, #14
DL~UQUE, IA 52001
MOTION: BILL KINSELLA
SECOND: TOM HANNAN
Executive Management, agent for 605 W 11th Street #14,
requested an extension of time until June 30, 2004 to
complete reapirs for the following items:
1. The electrical connection at the mast has an exposed
conductor.
2. The electrical entrance mast is accessible to the roof
patio.
This is a Section 8 Annual inspection.
BILL KINSELLA MOTIONED TO GRANT THE EXTENSION OF TIME UNTIL
JUNE 30, 2004 TO COMPLETE REPAIRS.
TOM HANNAN SECONDED. MOTION PASSED 7-0.
BOARD COMMENTS (IF ANY) :
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CASE #:
04-00061
244 E 14TH ST
DUBUQUE, IA 52001
MOTION: BILL KINSELh~
SECOND: ED SWIFT
vince Kilburg, agent for 244 E 14th Street, requested an
extension of time until June 1,2004 to make the following
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repair:
1. The rear porch ledger board needs lag bolts.
This is a Section 8 Initial inspection.
BILL KINSELh~ MOTIONED TO GP~~T THE EXTENSION OF TIME L~TIL
JUNE 1, 2004 TO MAKE THE REPAIR.
ED SWIFT SECONDED. MOTION PASSED 7-0.
BOARD CO~1MENTS (IF ANY):
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CASE #:
04-00062
483 W 15TH ST, #5
DUBUQUE, IA 52001
MOTION: TOM SWIFT
SECOND: TOM HANNAN
Gary and Susan Bay, owners of 483 W 15th Street #5,
requested an extension of time until April 1, 2004 to
complete repairing bathroom floor. The owners said they are
having trouble finding a contractor to do small jobs. The
front door weather stripping also has to be redone.
This is a Section 8 Complaint inspection.
TOM SWIFT MOTIONED TO GRANT THE EXTENSION OF TIME UNTIL
APRIL 1, 2004 TO COMPLETE REPAIRS.
TOM HANNAN SECONDED. MOTION PASSED 7-0.
BOARD COMMENTS (IF ANY) :
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CASE #:
04-00063
176 ALPINE ST, #4
DUBUQUE, IA 52001-7329
MOTION: BILL KINSELLA
SECOND: TOM HANNAN
Tim Wood, owner of 176 Alpine Street #4, requested an
extension of time to repair front and rear porches. The
front porch has deteriorated wood to be replaced. The rear
1st floor porch needs extensive rebuilding. Unsafe areas
were taped off.
This is a Section 8 Annual inspection.
BILL KINSELLA MOTIONED TO GRANT THE EXTENSION OF TIME UNTIL
MAY 1, 2004 TO MAKE REPAIRS TO FRONT AND REA-~ PORCHES.
TOM HANNAN SECONDED. MOTION PASSED 7-0.
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BOARD COMIVlENTS (IF lIffi) :
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CASE #:
04-00065
1812 CENTRAL AV
DUBUQUE, IA 52001
MOTION: ED SWIFT
SECOND: BILL KINSELLA
Corinne Henkel, agent for 1812 Central Avenue, requested an
extension of time until June 15,2004 to complete the
following repairs:
1. The basement steps are deficient a handrail.
2. The 3rd floor common hall guardrail is missing some
balusters.
3. The rear porch steps handrail must cover all risers.
4. The rear porch guardrails can have no larger then a 6"
opening between balusters.
5. The stair treads are set on I" thick xl 1/2" wide
cleats. A minimum of a 2x4 cleat is required per the
Building Safety department.
This is a Section 8 Annual inspection.
ED SWIFT MOTIONED TO GRANT THE EXTENSION OF TIME UNTIL JUNE
15, 2004 TO COMPLETE REPAIRS.
BILL KINSELLA SECONDED. MOTION PASSED 7-0.
BOARD COMMENTS (IF ANY) :
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CASE #:
04-00066
2123 CENTRAL AV
DUBUQUE, IA 52001
MOTION: TOM SWIFT
SECOND: BILL KINSELLA
Gerald Denlinger, owner of 2123 Central Avenue, requested an
extension of time to complete work on rear porch.
This is a Section 8 Initial inspection.
TOM SWIFT MOTIONED TO GRANT THE EXTENSION OF TIME UNTIL JUNE
1,2004 TO COMPLETE WORK ON REAR PORCH.
BILL KINSELLA SECONDED. MOTION PASSED 7-0.
BOARD COMMENTS (IF ANY):
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ÇÞ.SE #:
04-00067
2276 CENTRÞ.L AV, #1
DUBUQUE, Ill. 52~01
MOTION: TOM SWIFT
SECOND: TOM HANNAN
Ted Stackis, owner of 2276 Central Avenue #1, requested an
extension of time until June 15,2004 to repair or rebuild
rear porches. He will get an automatic extension of time for
painting.
This is a Section 8 Initial inspection.
TOM SWIFT MOTIONED TO GRANT THE EXTENSION OF TIME UNTIL JUNE
15, 2004 TO REPAIR OR REBUILD REAR PORCHES.
TOM HANN1L~ SECONDED. MOTION PÞ.SSED 7-0.
BOÞ.RD COMMENTS (IF ANY) :
CASE #:
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04-00069
2940 CENTEAL AV
DUBUQUE, IA 52001
MOTION: BILL KINSELh~
SECOND: TOM SWIFT
Gene Kramer, o\~er of 2940 Central Avenue, requested an
extension of time until June 1, 2004 to install a guardrail
on the front porch. The distance from ground to floor level
is about 32", maximum is 30".
This is a Section 8 Annual inspection.
BILL KINSELLA MOTIONED TO GRANT THE EXTENSION OF TIME UNTIL
JUNE 1, 2004 TO INSTALL A GUARDRÞ.IL ON THE FRONT PORCH.
TOM SWIFT SECONDED. MOTION PASSED 7-0.
BOARD COMMENTS (IF ANY) :
CASE #:
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04-00070
698 CLEVELAND AV
DUBUQUE, IA 52003-7519
MOTION: BILL KINSELLA
SECOND: TOM SWIFT
David and Susan Schmitt, owners of 698 Cleveland Avenue,
requested an extension of time until May 30, 2004 to
complete exterior repairs. Paint and concrete work are an
automatic extension.
The deck and steps have the following violations:
1. The porch was built without a ledger board.
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2. The joists are deficient joist hangers.
3. The southwest post is not on a footing.
4. The north stairstringers are deficient fastening
devices. .........
5. The southeast post is not on a footing.
6. The south steps handrail is loose.
7. The south steps is deficient a guardrail.
8. Center post on rear second floor porch has peeling
paint.
9. Stairs to rear second floor porch - treads not properly
supported in center for this span.
This is a Section 8 Annual inspection.
BILL KINSELLA MOTIONED TO GRÞ.NT THE EXTENSION OF TIME UNTIL
MAY 30,2004 TO COMPLETE EXTERIOR REPAIRS.
TOM SWIFT SECONDED. MOTION PASSED 7-0.
BOARD COMMENTS (IF 1I~) :
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CÞ.SE #:
04-00071
2903 JÞ.CKSON ST
DUBUQUE, IA 52001
MOTION: TOM HANNÞ.N
SECOND: BEN DURLEY
Vince Kilburg, agent for 2901-2907 Jackson Street, requested
an extension of time until June 1, 2004 to do repairs on
rear porches.
This is a Section 8 Initial inspection.
TOM HANNAN MOTIONED TO GRÞ.NT THE EXTENSION OF TIME UNTIL
JUNE 1, 2004 TO MAKE REPAIRS ON REAR PORCHES.
BEN DURLEY SECONDED. MOTION PASSED 7-0.
BOARD COMMENTS (IF 1I~):
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CASE #:
04-00072
196 KÞ.UFMANN AV
DUBUQUE, IA 52001
MOTION: TOM SWIFT
SECOND: TOM F.ANNAN
Michelle Mihalakis, owner of 196 Kaufmann Avenue, requested
a variance on installing guardrails on the open side of
stairs to 2nd floor.
This is a Section 8 Initial inspection.
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TOM SWIFT MOTIONED TO DENY THE VÞRIÞ.}TCE ON INSTÞ~LING
GUÞ.RDRÞ.ILS ON THE OPEN SIDE OF STAIRS TO 2ND FLOOR.
TOM KÃ~ÑAN SEÇON~ED. MOTION PASSED 7-0.
TOM SWIFT MOTIONED TO GRANT A 60-DAY EXTENSION OF TIME TO
GET IN COMPLIÞ~CE.
BOB SmVlPSON SECOÑ~ED. MOTION PASSED 7-0.
BOARD Cm1MENTS (IF ANY) :
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CASE #:
04-00073
742 KIRKWOOD ST
DUBUQUE, IA 52001
MOTION: BOB SÞ.MPSON
SECOND: TOM HANNÞ.N
Jerry Grutz, owner of 742 Kirkwood Street, requested an
extension of time until June 15, 2004 to complete exterior
repairs on front and rear porches.
This is a Section 8 AIlllual inspection.
BOB SÞ~PSON MOTIONED TO GRÃ~T THE EXTENSION OF TIME UNTIL
~üNE 15,2004 TO COMPLETE EXTERIOR REPAIRS ON FRONT Þ.ND REÞ.R
PORCHES.
TOM HANNAN SECONDED. MOTION PASSED 7-0.
BOARD COMMENTS (IF ANY) :
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CASE #:
04-00074
1010 W LOCUST ST
DUBUQUE, Ill. 52001
MOTION: TOM HANNAN
SECOND: ED SWIFT
Robert Ricketts, owner of 1010 West Locust Street, requested
an extension of time until June 15, 2004 to complete the
following repairs:
1. The rear porch and steps have the following violations:
a. The upper deck joists are deficient joist hangers.
b. The guardrails have a greater than 6" opening on the
upper deck, steps and landing.
c. The upper steps guardrail needs additional upright
support at the center.
d. The stair stringers need to be properly secured at
the upper deck and the landing.
e. The upper deck ledger board needs to be secured with
lag bolts.
This is a Section 8 Initial inspection.
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TOM ~~~TNÞ.N MOTIO~ŒD TO G~~~ THE EXTENSION OF TIME U}TTIL
~u~ 15, 2004 TO COMPLETE REPAIRS.
ED SWIFT SEÇQNDED. MOTIO~ PAS~ED 7-0.
BOÞ.RD COMMENTS (IF ANY):
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CASE #:
04-00076
2777 PLEASANT VIEW DR
DUBUQUE, Ill. 52001
MOTION: BILL KINSELLA
SECOND: ED SWIFT
Eric Schultz, agent for 2777-2779 Pleasant View Drive,
requested a variance on closing up spacing on all guardrails
according to the 26-10. (G)3J. All porches, patios and
balconies 30 inches higher than adjacent area shall be
provided with protective guardrails. Guardrails when
replaced shall comply with Uniform Building Code Standards.
This is a Section 8 Annual and Complaint on entire
buildings.
BILL KINSELLA MOTIONED TO GRÞ.NT THE VARIÞ.NCE ON THE FRONT
BALCONIES, WITH THE MOTION TO "PASS WITH COMMENT" WITH THE
PROVISION THAT EVERY APARTMENT WITH CHILDREN 12 YEÞES OR
YOUNGER HAVE THIS MESH INSTALLED. THIS VARIANCE IS TO COVER
ALL THREE BUILDINGS THAT HAVE THE SAME RÞ.ILING DESIGN:
2743-2745 VENTURA DRIVE, 2755-2759 VENTURA DRIVE AND
2777-2779 PLEASAl~T VIEW DRIVE.
ED SWIFT SECONDED. MOTION PÞ.SSED 7-0.
BOARD COMMENTS (IF ANY) :
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CÞ.SE #:
04-00077
2217 QUEEN ST, #206
DUBUQUE, IA 52001
MOTION: BILL KINSELLA
SECOND: ED SWIFT
DISSENTING: TOM HANNAN
DISSENTING: BOB SCHAUB
Carol Copeland, owner of 2217 Queen Street, requested a
variance on all guardrail spacing, which are more than our
6" minimum so a 6" sphere cannot pass through.
This is a Section 8 Initial inspection.
BILL KINSELLA MOTIONED, SINCE THIS IS SENIOR HOUSING, TO
GRA~T THE VARIANCE ON GUARDRÞ.IL SPACING TK~T THERE ARE
PRÞ.CTICAL DIFFICULTIES OR UNNECESSARY HÞ.RDSHIPS IN CÞERYING
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OUT THE STRICT LETTER OF ANY NOTICE ~~ ORDER; ~WD TR~T THE
EFFECT OF THE APPLICÞ.TION OF THE PROVISIONS WOULD BE
A-~BITRÞRY IN THE SPECIFIC CASE; AND THÞ.T AN EXTENSION WOULD
NOT CONSTITUTE AI, APPROPRIATE REMEDY FOR THESE PRACTICAL- -
DIFFICULTIES OR UNNECESSÞ.RY HARDSHIPS; AND THAT SUCH
VARIANCE IS IN HARMONY WITH THE GENERAL PURPOSE AND INTENT
OF THIS CODE IN SECURING THE PUBLIC HEALTH, SAFETY Þ.ND
GENE~~L WELFARE AND DOES NOT CONSTITUTE AN IMMINENT DANGER
TO THE PUBLIC.
ED SWIFT SECONDED. TOM SWIFT ABSTAINED. MOTION PASSED 4-2.
BOARD COMMENTS (IF ANY):
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CASE #:
04-00078
828 RHOMBERG Þ.V
DUBUQUE, Ill. 52001
MOTION: BOB SAMPSON
SECOND: BEN DURLEY
Philip and Carol Marsh, owners of 828 1/2 Rhomberg Avenue,
requested a variance on guardrail spacing on stairs to 2nd
floor on rear porch.
This is a Section 8 Þ.nnual inspection.
BOB SAMPSON MOTIONED TO TABLE THIS APPEAL UNTIL THE NEXT
APPEALS BOARD MEETING SO THE OWNER CAN BE CONTACTED ABOUT
THIS ISSUE. BEN DURLEY SECONDED. MOTION PASSED 7-0.
BOARD COMMENTS (IF AlN):
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CÞ.SE #:
04-00079
755 UNIVERSITY AV
DUBUQUE, IA 52001
MOTION: ED SWIFT
SECOND: TOM HANNAN
Tim Wood, owner of 755 University Þ.venue, requested an
extension of time until July 1, 2004 to complete exterior
repairs closing up spacing for guardrails on rear porch, and
exterior guardrail and basement stairs.
This is a Section 8 Þ.nnual inspection.
ED SWIFT MOTIONED TO GRANT THE EXTENSION OF TIME UNTIL JULY
1,2004 TO COMPLETE EXTERIOR REPAIRS.
TOM HANNAN SECONDED. MOTION PÞ.SSED 7-0.
BOÞ.RD COMMENTS (IF ANY):
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ÇASE #:
04-00080
1710 WESTRIDGE CT
PUBUQUE, IA 52001
MOTION: ED SWIFT
SECOND: BILL KINSELL]\.
DISSENTING: TOM HANNAN
Margie White, owner of 1710 Westridge Court, requested an
extension of time until July 31, 2004 to close up spacing on
guardrails.
This is a Section 8 Þ.nnual inspection.
ED SWIFT MOTIONED TO GRANT THE EXTENSION OF TIME UNTIL JULY
31, 2004 TO CLOSE UP SPACING ON GUARDRÞ.ILS.
BILL KINSELLA SECONDED. MOTION PASSED 6-1.
BOARD CQiVlivlENTS (IF ANY) :
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COMMENTS:
Þ.DJOURNMENT:
Bill Kinsella motioned to adjourn the meeting at 6:05.
Tom Swift seconded. Motion passed with a unanimous voice vote.
MINUTES TAKEN BY:
¡:2, J) í) c [\,- Ií . I
/..Jr.ri:)-J¿)-i. {_)l¿//Jc~-~l
BOBBI DELANEY or
PERMIT CLERK
RESPECTFULLY SUBMITTED:
~~
SENIOR HOUSING INSPECTOR
/bd
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