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Rehab Appeals Board - Minutes 11-09-99NOT 0 I'I'IOI_4L UNTIL APPROVED BY TIT? Tl~ Cs EAD RF..H! BILITp-TIO1Q A~ PEA<<LS MINUTES OF THE SPECIAL MEETING ROSEMEAD BUILDING REHABILITATION APPEALS BOARD NOVEMBER 9, 1999 The special meeting of the Rosemead Building Rehabilitation Appeals Board was called to order by Chairman Vasquez at 7:03 p.m. in the Conference Room of City Hall, 8838 E. Valley Boulevard, Rosemead, California. The Pledge to the Flag and Invocation were waived as having been completed during the meeting just adjourned. ROLL CALL OF OFFICERS: Present: Boardmembers Bruesch, Imperial, Taylor, Vice-Chairman Clark, and Chairman Vasquez Absent: None APPROVAL OF MINUTES: AUGUST 24, 1999 - REGULAR MEETING MOTION BY BOARDMEMEER BRUESCH, SECOND BY BOARDMEMBER IMPERIAL that the Minutes of the regular meeting of August 24, 1999, be approved as submitted. Vote resulted: Aye: Clark, Bruesch, Vasquez, Imperial, Taylor No: None Absent: None Abstain: None The Chairman declared said motion duly carried and so ordered. APPROVAL OF MINUTE: September 28, 1999 - REGULAR MEETING MOTION BY BOARDMEMBER IMPERIAL, SECOND BY BOARDMEMBER BRUESCH that the Minutes of the regular meeting of September 28, 1999, be approved as submitted. Vote resulted: Aye: Clark, Bruesch, Vasquez, Imperial, Taylor No: None Absent: None Abstain: None The Chairman declared said motion duly carried and so ordered. 1. ADMINISTRATION OF OATH The Board Secretary administered the oath to all persons wishing to address the Board. H. HEARINGS A. 7646 NEWMARK AVENUE The subject property consists of an owner-occupied single family dwelling with a detached garage which consists of an unpermitted illegal conversion on the lower level and an unpermitted illegal unit on the upper level. The property is zoned R-1. The aforementioned garage was constructed with benefit of permits in 1983 as a 525 square foot single story structure. REHAB MIN: 11-9-99 Page d I This property was previously before the Appeals Board on August 24, 1999 and September 28, 1999. At the September 28th hearing, the Appeals Board directed staff to meet with the property owner Ms. Bohne to verify if the unsafe conditions in the bathroom on the lower level of the garage had been rectified. A time and date were arranged at the hearing. The inspection was to take place on Wednesday, September 29th at 6:00 p.m. Boardmember Imperial, Planning Director Lyons and Building Official Bailey met on the site at 6:00 p.m. when they arrived, they were met in front of the property by Mr. Bohne, the property owner's husband. Mr. Bohne indicated that he thought the inspection was to take place the following day. He further stated he could not understand why the City was taking action against them. When Boardmember Imperial asked if we could enter the property to inspect, Mr. Bohne denied access. In a further discussion with Boardmember Imperial and staff, Mr. Bohne indicated since he could not get approval, he performed the work illegally without necessary permits and approvals. Boardmember Imperial again asked for permission to inspect the property and Mr. Bohne denied access. Mr. Bohne continued by stating he had no intentions of correcting the Substandard Conditions and Building/Zoning code violations and that the Attorneys and Judges would decide the outcome. The following day Building Official Bailey received a phone call from the property owner Ms. Bohne. She apologized for the confusion and stated she was trying to convince her husband to resolve these issues. Ms. Bohne also mentioned she would be in touch with staff in a few days and advise them of her intentions. To date, Ms. Bohne has not provided staff with further information nor have building plans been submitted for plan check. A Notice of Hearing was mailed and posted on the property on October 18, 1999. All interested parties have been notified. The City Building Official recommends that the Appeals Board find the property Substandard and order that all Substandard Conditions and Building/Zoning code violations be removed or corrected by November 22, 1999. Frank Tripepi, City Manager, reported that staff was unable to obtain photographs of the property today and that the Board could add to the recommendation that this be a final board order with no re-hearing. Ruth Ann Bohne and Kurt Bohne, 7646 Newmark Avenue, property owners were present. Ms. Bohne stated that their proposal made to the Building Department was never brought before the Rehab Board and may have resulted in the confusion at their last hearing. Ms. Bohne stated that they had originally agreed to remove the bathroom in the garage at the end of construction. However, those plans changed before they appeared before the Rehab Board for reasons of occupancy, and that Mr. Bohne is doing the work himself. Ms. Bohne explained that they thought it would be easier to do the work in two phases and the Board seemed agreeable to that idea. The problem occurred when they wanted to leave the bathroom in the garage while building the two bedrooms and two bathrooms in the house. Boardmember Bruesch asked for clarification of the two phases. Ms. Bohne explained that phase I would consist of moving the existing bedroom and bathroom to the rear of the house in order to demolish the remaining house. The new house will consist of a basement, first floor and second story. Mr. Bohne stated.that the second story would consist of a single bedroom and bathroom. Ms. Bohne stated that it would take them 18 months to complete the construction. REHAB MIN: 11-9-99 Page #2 Mr. Bohne stated that they need two bathrooms at all times as his daughters stay there on weekends. Mr. Bohne stated that he was told by the Building Department that he could not build a bathroom in the garage, he went ahead and performed the work anyway. However, the biggest concern now seems to be the footage around the cars. Boardmember Taylor asked for clarification purposes if the Building Code allows a bathroom to be built in the garage. Jim Guerra, Consulting Building Official, responded that is a zoning issue and involves the ability to maintain clear space in the garage. This issue was discussed at the counter with Mr. Bohne, informing him that the City could not allow a bathroom to be constructed that reduced the required clear space. Boardmember Taylor stated there may have been misunderstandings between the owners and the City, but this issue was discussed at the last two meetings and that the Board was in agreement to them keeping the bathroom during the construction phase. Ms. Bohne stated that at the last hearing the Board would only allow them to keep the bathroom until the end of phase I, and that she did not agree to those conditions. Boardmember Taylor stated that he is in agreement with letting them keep their bathroom until the construction is completed, if it is within the 18 month time period. Mr. Taylor asked if the garage is a two-car garage and that they stated that they will abide by a 9'x18' space, and that they are asking for the other conditions to be dropped. Boardmember Bruesch went over the list of conditions in the garage. Mr. Bohne stated that the garage is used for storage only and that the room addition is safe, referring to the wiring. Boardmember Imperial stated that he and staff were not allowed to inspect the property on the pre-arranged date, and that the Board should follow staffs recommendation. Boardmember Taylor requested that the Board go over the list of defects item by item to avoid any confusion and to try and resolve these issues. Boardmember Bruesch stated that he would like to see some resolution between staff and the Bohne's. Mr. Bruesch commented that should these items be allowed to go uninspected and unpermitted, the City could be liable should something go wrong. Boardmember Taylor asked what else is wrong with the electrical. Steve Bailey, Building Official, stated that upon inspection today, a GFI outlet had been installed in the bathroom, however, he was unable to test it as the area did not have power. Mr. Bailey continued that there have been other installations in the garage area that are unpermitted. James Guerra, Consulting Building Official, stated that staff's focus has been on the plumbing, electrical and ground fault wiring came out of specific discussion about what could be done to allow the Bohne's to continue to use the bathroom for the extended period of time, and that is what the two corrections on the list refer to. Mr. Guerra stated that at no point did staff ever say that was all that was wrong with the property. In general, the property has been rewired into a workshop on the ground floor, the storage area has been rewired and finished - none of that has been done under permit or inspection. Mr. Guerra continued that the storage room was not likely to be permitted over time, given the engineering problems that it had on design and that their focus was to covert the storage room back since it was never approved as a storage room. Mr. Guerra stated that they did not focus on a detailed list of the storage room that they could not keep. Mr. Guerra continued that the inadequate or faulty electrical in bathroom and garage interior has been on their list of defects from the beginning and they do not know how the garage was wired and if it has any permits. Upon request, they can do a more detailed REHAB MN: 11-9-99 page a3 inspection. Mr. Guerra stated that access and communication with the owners has not been satisfactory from their standpoint. Ms. Bohne quoted Mr. Guerra, at the August 240s hearing, stating that the storage area could stay. Boardmember Taylor responded that it has always been listed that the attic/storage must meet code requirements. Ms. Bohne quoted Mr. Guerra's comment from the August 14"i hearing, that the Building Inspector was going to specifically inspect the storage and bathroom with the understanding that those areas were going to remain throughout the 18 months, and the stairs and storage area might stay if that was their (the Bohne's) desire. Ms. Bohne stated that that was the purpose of the inspection, and upon the inspection on August 31", she was informed that there were only two things wrong, the GFI circuit and the vent pipe. Ms. Bohne stated that Mr. Bailey did not say that the storage area was inadequate or unsafe, and that he had his opportunity then to list them on the list of defects. Boardmember Taylor stated that the attic and storage still needs to be inspected and asked the Bohne's if that was or was not agreeable to them. Ms. Bohne responded that they are willing to do whatever is necessary to keep the storage area. Mr. Tripepi asked Ms. Bohne if she was now willing to allow the inspectors to inspect the attic and storage area. Ms. Bohne stated that she has never denied the inspector's access and Yes, she would be willing to let them inspect the storage area. Boardmember Taylor stated that the load of the storage ceiling could be a safety problem. Mr. Bohne stated that it was not. Ms. Bohne stated that they were under the impression that there were only two items to be corrected, and that the 26' floor beam was never mentioned. Boardmember Taylor stated that a prior comment was made that the City is liable because something has been done without permits or inspections, and if the Board allows this for them, then it sets a precedent for others. Boardmember Imperial stated that an appointment was made at the last meeting to meet with the Bohne's on Wednesday to inspect their property; however, they were not allowed on the premises. Boardmember Imperial stated that he will make the Motion to accept the Building Official's recommendation. More discussion ensued. Mr. Bohne replied that he did not allow them on the property because he just painted an antique car that that he is restoring and did not want anyone walking in there stirring up dust. Mr. Bohne stated that Mrs. Bohne told him the appointment date was for Thursday, the next day. Boardmember Taylor stated that the two issues that need to be resolved are the electrical and floor structure. Mr. Taylor stated those two items need to be inspected. Mr. Taylor asked what else needs to be inspected so that the Bohne's will have a complete understanding of what needs to be done. Mr. Guerra stated that the difficulty lies in the fact that the stairway to the top and the enclosure of the attic was constructed without permits. Mr. Guerra stated that in order to adequately list the defects, they have to remove the material and physically inspect it, the wall coverings have to come out and flooring would have to be exposed. Mr. Guerra stated he will REHAB MIN: 11-9-99 Page #4 follow the Board's recommendations; however, he stands by the staff report recommendation of 10 days. Boardmember Taylor stated that the aforementioned items need to be inspected and brought up to code. However, his main concern is with the flooring, the rest of the items should be relatively simple to fix. Mr. Taylor asked what other items are there. Boardmember Bruesch asked about the patio overhang. Mr. Bohne stated that it is not a patio cover, it houses the washer and dryer, otherwise they would be exposed. Boardmember Taylor asked if those appliances could be brought indoors, "possibly in the garage which is large. Mr. Bohne replied that the garage is big, but he is a hobbyist with two vintage cars in there, and many other projects. Boardmember Taylor stated that is asking for an exception to the building code requirements since he has a large garage and hobby shop, therefore, he should be allowed to put his appliances out in the back. Mr. Taylor stated that this issue has to be resolved also. Ms. Bohne stated that the only person that would be affected negatively by this would the adjoining owner. Boardmember Taylor asked if the Board should then allow another 100 people to do this. Ms. Bohne stated that they could under the requirements for a variance because of the limitations of their lot. Mr. Bohne requested an example of a variance. Robert Kress, City Attorney, responded that an example of a variance would be if a house was built 15' back from property line instead of the required 20'. Variances include such things as sideyard and frontyard setbacks, height, those types of building standards, not as to whether something is or is not allowed. Vice-Chairman Clark asked if Mr. Cherrington would be willing to sell the Bohne's 5' of his property in order to make the overhang legal. Mr. Bohne stated that that would then stagger the backyard boundaries from the others. Mr. Bohne continued that may not work as their property and Mr. Cherrington's, as they are not parallel lengthwise. Boardmember Taylor referred to a letter from Ms. Bohne dated August 5, 1999 which states that Mr. Bohne will'modify the parking allowance in the garage to compliance (18' deep x 9' wide) by removing the bathroom area downstairs and clarified that will result in two full length parking spaces in the garage. Mr. Taylor stated again, the Bohne's need to give their approval for inspection or the Motion will be to declare the property substandard. Ms. Bohne stated that they want to cooperate and they want inspections to take place, but the problem is when the inspectors come out and go "haywire", and that they are giving up some privacy rights by allowing these inspections. Boardmember Taylor asked what do they want 'done? Ms. Bohne responded that pursuant to Section 9906, of the "Rights to Privacy" book, the Council shall adopt rules and regulations for conducting its investigations. Ms. Bohne requested that they be given a letter from the Building Inspector stating specifically what is going to be inspected, itemized, who is going to be doing the inspection, and the date and time of inspection. REHAB MIN: 11-9-99 Page n5 Boardmember Taylor stated that he is trying to work with them, but they have to arrive at some type of agreement. Mr. Taylor stated again that the entire garage needs to be inspected. Ms. Bohne stated that they came to tonight's hearing expecting to have these problems worked out, but they are being denied. Ms. Bohne continued that they also asked that further inspections be limited to what they consider reasonable rules and regulations, and they are being denied that too. Boardmember Taylor asked again when can the Inspectors come down and inspect the garage. Mrs. Bohne stated that without the Board adopting their request for reasonable rules and regulations they cannot grant inspection. MOTION BY BOARDMEMBER IMPERIAL, SECOND BY BOARDMEMBER TAYLOR that the Board find the property substandard and order that all Substandard Conditions and Building/Zoning code violations be removed or corrected by November 22, 1999. Vote resulted: Aye: Clark, Bruesch, Vasquez, Imperial, Taylor No: None Absent: None Abstain: None The Chairman declared said motion duly carried and so ordered. A recess was taken at 8:00 p.m. for the purpose of meeting as the City Council and reconvened at 9:31 p.m. III. STATUS REPORTS A. SUBSTANDARD BUILDINGS AND PROPERTIES B. BUILDING REHABILITATION APPEALS BOARD C. CITY PROSECUTING ATTORNEY REFERRAL UPDATE No action was required on the aforementioned items. IV. MATTERS FROM OFFICIALS - None V. ADJOURNMENT There being no further action to be taken at this time, the meeting was adjourned at 9:32 p.m. The next regular meeting is scheduled for December 28, 1999, at 7:00 p.m. Respectfully submitted: Board Secretary APPROVED: CHAIRMAN REHAB MIN:I1-9-99 Pap 96