09/16/2004 Minutes - Laserfiche WebLink

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common area. P. Engoglia wants to make sure there are no problems and said as long as the area remains common area, he has no problem with it. Mr. Corsi said currently there - is a two hour fire rated wa11 beiween the units. The Board then asked Mr. O'Ma11ey for his legal opinion. Mr. O'Ma11ey said there is a canflict between how the code reads for single family structures and that of cluster homes. The drawings show 15' between some units and neighboring properties. Homeowners Association have control over common areas and the lanes would most likely not be used for anything else. He said as long as fire separation is consistent between the units and the buildings, then you are in good shape. P. EngogGa moved to approve Rockwynd Development, 4923 Columbia Road, their variance for not fire rating exterior walls which is in violation of Ohio Residential code sections 302.1 Ezterior walls and 302.2 Openings with the assurance that the common area will remain undeveloped. N. Althen seconded the motion which was unanimously approved. V. COMMiJ1vICATION: Theresa Krvsiak, 4170 Columbia Road WRD 1: Pursuant to Section 1331.05, Building Commissioner Conway has referred the order to demolish the structure at 4170 Columbia Road to the Board of Building Code Appeals. Asst. Law Director O'Ma11ey addressed the Board stating that this was presented to the Board this evening because of the homeowner's disregard for the Building Commissioner's order to demolish the home. He said that for a number of years the property has been abandoned and is in a state of disrepair. Mr. O'Malley requested that the Board ask Council for their opinion on condemning and/or demolishing this structure. The Board should determine if it is a dangerous structure and a nuisance and determine if it should be demolished. Chairman Puzzitiello asked that this be postponed for 30 days to see if it will transfer ownership. Mr. O'Malley said, however, that transferring ownership would only result in delay and the question of demolishing would still remain. Mr. O'Ma11ey told the board that they should proceed with caution documenting any evidence and inspection reports done. The Board was presented with sufficient evidence, documentation and inspection reports from the Building Department showing the condition of the home. Afterwards, the Board was instrttcted to direct Council to prepare an entry with the findings to be approved and generate an order to be served. Mr. O'Malley said there are several parties that have expressed interest in this property. Building Commissioner T. Rymarczyk was sworn in. The Board asked him if the building was structurally sound, T. Rymazczyk said that the joists were soft and rotting out and it is a hazard, but also said he was not a structural engineer. He further said the bathroom and one bedroom have already collapsed. He said it was loaded with black mold. The Board wants to make sure that the proper guidelines are followed and asked that a structural engineer along with a representative from the Board of Health make a recommendation on the structure to ensure that the owner's rights are not violated. Both the Building and Engineering departments want to make sure the proper decision is made to prevent any lawsuits. 3