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HomeMy WebLinkAbout5/5/2021 - Building Appeal - Minutes -1 Board of Building Appeals May 5, 2021 Minutes A meeting of the Board of Building Appeals of the City of Salem, Virginia, was held on May 5, 2021, in the Community Room at the Salem Civic Center, 1001 Roanoke Boulevard, Salem, Virginia, at 3:00 p.m. concerning the dilapidated structures on the properties located at 300 South Broad Street, 1441 Filson Street, and 955 Camp North Road in the City of Salem, Virginia. The Board—David A. Botts; Nathan A. Routt; Chris Vaught, and Joe Driscoll; presided together with Troy D. Loving, Building Official; Jim Guynn, Interim City Attorney, and Krystal M. Graves, Secretary; and the following business was transacted: WHEREAS, it was noted that notice of such hearing was published in the April 15 and 22, 2021, issues of the Salem Times-Register, a newspaper published and having general circulation in the City of Salem. WHEREAS, Mr. Guynn called the meeting to order. WHEREAS, Mr. Guynn stated that the first item on the agenda to be heard is 300 South Broad Street and asked if there was anyone present who would like to speak; and WHEREAS, Keisha Helm, property owner, appeared before the Board and stated that she and her brother own the home—they inherited it from their mother who passed away last year and her mom inherited it from her grandmother in 1991; she stated that her mom had been sick for the last 15 years and passed away last July; she stated that until her death maybe six months ago is when she and her brother took over the ownership of the property; she stated that she and her brother agree that the house need to be demolished; she has spoken and has emails with Battalion Chief Rob L. Johnson with the City of Salem Fire Department; what is presented and proposed is that the house as part of training for fire department trainees; being that her dad was a fallen firefighter, and she has an uncle who retired from the Salem Fire Department, they would like to use the property to benefit the fire department if possible; Mr. Johnson is supposed to get back in touch with her next week regarding the proposal; WHEREAS, Chairman Botts questioned if anything was set in stone to use the structure as part of fire training; and WHEREAS, Ms. Helm stated that she has emails from Battalion Chief Johnson, but that is all she has; and 2 WHERERAS, Chairman Botts stated that documentation needs to be provided to the city in a timely manner as the structure is dangerous; he stated that if the fire department is willing to take responsibility for using it as a training ground, but he is not sure of the city’s stance on something like that as there has to be cleanup and debris removal; and WHEREAS, Ms. Helm stated that was discussed in the emails and she and her brother are prepared to have the asbestos safely removed; she and her brother know that it takes quite a bit of money to demolish the structure so to not do anything about it and have the city demolish it and put it on the “tab” would probably be too great a cost; she again stated that she just assumed ownership of the property in the last eight months or so and feels that given the opportunity and a little bit more time, she thinks something can be set in stone before the end of May; and WHEREAS, Member Driscoll stated if she has a plan in place if the Battalion Chief denies the request to use it for training purposes; and WHEREAS, Ms. Helm stated that the other option is to demolish the structure; she has a family member who is in the business of demolishing structures in Roanoke City; and WHEREAS, Member Routt questioned if the last conversation with the fire department was that someone would be back in touch with Ms. Helm next week; and WHEREAS, Ms. Helm stated that they wanted to look at the property this week, and would be in touch with her next week; and WHEREAS, no other person(s) appeared related to the public hearing; ON A MOTION MADE BY CHAIRMAN BOTTS, SECONDED BY MEMBER ROUTT, AND DULY CARRIED, the property owner must acquire a demolition permit within 30 days from today; demolition must be completed within 90 days from this meeting; if the permit is not applied for within 30 days, the City will demolish the structure on the property with the costs borne by the owner of said property. Chairman Botts also requested that the property owner have the fire department contact the building inspections department on their plans are for the structure – the roll call vote: all – aye. WHEREAS, Ms. Helm questioned if this is a new program because the house has been sitting for a while, the taxes are paid up, and questioned why now—why is the city taking action now; and WHEREAS, the Building Official stated that the city has been trying to enforce the ordinance for years and wants the code strictly enforced; and 3 WHEREAS, Chairman Botts further stated that the current condition of the structure is dangerous; if someone was to get hurt on the property, it could cost a lot more than demolition of the structure would cost. WHEREAS, Chairman Botts stated that the next item on the agenda to be heard is 1441 Filson Street and asked if there was anyone present who would like to speak; and WHEREAS, Brian Smith, 1445 Filson Street, appeared before the Board and stated that the property has been vacant almost four years; there are numerous holes in the roof, the structure has been damaged by water--approximately three years ago, during the winter, a pipe burst and he made the call to the water department; the water was turned off to the structure at that time; he further stated that no one has been living there for the past four years and the house has deteriorated to the point where no one could possibly live there; he stated that he is not sure what the city plans to do with it, but feels that it is not at the state where it could be rehabbed and brought up to living conditions; and WHEREAS, Donna Harris, 1436 Deacon Street, appeared before the Board and stated that she cares for a 6-year old grandchild and the yard scares her—she is afraid of snakes and whatever critters could be hiding on the property; she stated that she agrees with Mr. Smith that all the damage from the exterior is phenomenal; and WHEREAS, no other person(s) appeared before the Board; ON A MOTION MADE BY CHAIRMAN BOTTS, SECONDED BY MEMBER ROUTT, AND DULY CARRIED, the owner of the property of 1441 Filson Street be provided 14 days to apply for a demolition permit, or the City will proceed with demolition of the structure with the costs borne by the owner of the property – the roll call vote: all – aye. WHEREAS, Chairman Botts stated that the next item on the agenda to be heard is 955 Camp North Road and asked if there was anyone present who would like to speak; and WHEREAS, Phillip Darnell, appeared before the Board and stated that he and his wife bought the property in 1996; he said that it’s been an old camp there and Ms. North asked that the house not be torn down since it’s a historic relationship to them, but he understands the house and has spoken with Mr. Loving about taking the house down; he stated that it doesn’t really matter how this came about but he has people who watch that road like a hawk and take a number of every single license plate; he has an agent who lives due west on the corner of this property who also has cameras on this property; he is very aware of what goes and comes on the property; the property has been posted per the Virginia State Game Wardens definition of posting and how you should see it—“posted keep out” exactly the way they said to post it; his wife got a letter from the city that said the house needed to be taken down and he knows it should be taken down; he was told from Mr. Loving that a police officer had told him about it; he stated that he called the police officer and asked how he was told about it; he stated that the officer told him that they were really busy one day but he wasn’t doing anything so he went 4 to the property to see what the complaint was about; the officer saw what had been a well and another part (a septic system); Mr. Darnell stated that the well and septic system was covered when the property was purchased—it was covered with stone, cinder block, dirt and was impermeable; someone at some point, he is not sure when as he doesn’t frequent the property, took the liberty of not only removing the stuff, actually made it quite nice that you can get to it now; he saw the photos the city sent of property and called a couple of contractors to ask for a quote; after a week, he called Mr. Loving and left a message; he met Buddy Obenchain on the property and he has applied for a permit to demolish the structure; he is waiting for the permit and his intent is to take care of the well, take care of the septic—bust it up, tear it up, take it out; he stated that someone within six to eight months of purchasing the property went and dumped about ten loads of topsoil that he intends to use to fill in the well septic, and fill in the basement; remove the debris and trash, and re-seed the property; he also threw in a $500 bonus if Mr. Obenchain could get it done in the next couple of weeks; he stated there is another thing that bothers him with the police officer—the officer and whoever called him was trespassing on the property since it’s posted; he asked the officer who called and the officer referred him to dispatch; he wants to know who was on the property; then the officer stated that it was an anonymous call and if he had known Mr. Darnell owned the property, he would not have called and turned it in; Mr. Darnell stated that he then went up to the property and found some strange things that had been going on there—Ouija board stuff, be-headed dolls, and odd messages placed on the property and feels like it needs to be checked on; and WHEREAS, Chairman Botts stated that it drives home the point that the property is accessible and it is a dangerous property; and WHEREAS, Mr. Darnell stated that you can’t see the structure and you don’t know it’s there unless you go in the woods and look for it; and WHEREAS, Chairman Botts stated that someone knows it’s there; and WHEREAS, Mr. Darnell stated that someone was trespassing; and WHEREAS, Chairman Botts questioned if Mr. Darnell has a timeline on when the structure would be taken down; and WHEREAS, Mr. Darnell stated that he’s applied for a permit and once he gets the permit, he’ll pay Buddy and be done; and WHEREAS, Chairman Botts questioned if the structure could be demolished in 30 days; and WHEREAS, Mr. Darnell stated that 30 days would be pushing it as it’s a lot to haul off and feels that 60 days would be sufficient; and 5 WHEREAS, Chairman Botts stated that the things that concern the Building Department and the Board are the well and septic system; and WHEREAS, Mr. Darnell stated that the well and septic system has already been covered up—it was covered up after he received the letter from Mr. Loving; he has photos showing it covered; and WHEREAS, Chairman Botts asked to see the photos; and WHEREAS, Mr. Darnell showed the Board of the photos; and WHEREAS, the Building Official is to inspect the property to make sure the well and septic system are covered; and WHEREAS, no other person(s) appeared before the Board; ON MOTION MADE BY CHAIRMAN BOTTS, SECONDED BY MEMBER DRISCOLL, AND DULY CARRIED, the property owner has 48 hours to secure any open well and septic system on the property, seven (7) days to apply for a demolition permit, and demolish the structure within 60 days; if the structure is not demolished within 60 days, the City will demolish the structure with the cost charged to the owner, and a lien will be placed on the property for said demolition – the roll call vote: all – aye. A discussion was held regarding the process to obtain bids for the city to demolish properties, and properties previously brought before the Board. ON MOTION MADE BY CHAIRMAN BOTTS AND DULY CARRIED, the meeting was hereby adjourned at 3:27 p.m.