Board of Building Standards and Building Appeals

Cleveland Board of Building Standards and Building Appeals

Development

Housing

Wednesday, July 17, 2024
9:30 a.m. — 11:30 a.m. EDT

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601 Lakeside Ave Cleveland, OH 44114 (Directions)

Cleveland City Hall, Room 514 (or watch on YouTube)

The five-member Cleveland Board of Building Standards and Appeals hears appeals from property owners who are challenging orders from The Department of Building and Housing, The Cleveland Division of Fire, and other housing-related agencies. Appellants often seek more time to get permits for construction or building use or to remedy housing violations. The board reviews matters relating to the location, design, materials, construction, alteration, repair, equipment, use or occupancy, maintenance, removal or demolition of any building or other structure, or appurtenance connected or attached to such buildings or structures, regulated by the Building Code of the City of Cleveland.

Board members:

Robert Maschke, Architect
Patrick M. Gallagher, Chair & Labor Representative
Joe Denk, Mechanical Engineer
Howard Bradley, Builder
Peggy Lipscomb, Architect (alternate)
Darius Moss, Mechanical Engineer (alternate)

NOTE: This meeting can sometimes run longer than two hours.

Watching remotely?

Find the meeting live streamed at: https://www.youtube.com/@ClevelandPlanningCommission/streams

Attending in person?

We add two hours of pay ($36) to the assignment. Be sure to bring a photo ID.

Find Documenters coverage of past board meetings: https://cleveland.documenters.org/reporting/?agency=188

Check the source website for additional information

Reporting

Edited and summarized by the Cleveland - OH Documenters Team

Note-taking by Bilal Hakeem

Several properties with violations sent to city after appellants no-show

View notes

Note-taking by Denise Lykes

Project for pregnant women experiencing homelessness moves forward

View notes

Live reporting by Emma Sedlak

Several properties with violations sent back to city for further action

Emma Sedlak @eesedla

Good Morning! I’ll be live tweeting todays’s Cleveland Board of Building Standards and Appeals meeting that was scheduled to begin at 9:30 AM. #CLEDocumenters
@cledocumenters
@signalcleveland
🏢🏗️💐

08:34 AM Jul 17, 2024 CDT

Emma Sedlak @eesedla 2/39

@cledocumenters @signalcleveland The meeting started late at around 9:50.
Patrick M. Gallagher, the board’s Chair and labor Representative, opened the meeting by reading the preamble, which includes guidelines for participants online and in person.

Emma Sedlak @eesedla 3/39

@cledocumenters @signalcleveland Dan Jacobson, a representative from the Department of Law, verified that the live stream is functioning.
Carmella Davis took the role. Howard Bradley, Peggy Lipscomb, and Gallagher are present.

Emma Sedlak @eesedla 4/39

@cledocumenters @signalcleveland The board met quorum with only three members, so Gallager stated that all appeals need a unanimous decision or they will be sent back to the city.
He also noted that if this is an issue, appellants can ask to move their appeal to the next meeting.

Emma Sedlak @eesedla 5/39

@cledocumenters @signalcleveland The first two docket items had no appellant present. The board unanimously decided to remand the properties under the recommendation of Cleveland's acting Chief Building Official, Glenn Murray.

Emma Sedlak @eesedla 6/39

@cledocumenters @signalcleveland On the next piece, Vannel Dzigba asked for an extension to complete the abatement of violations on his apartment building on East 145th. Dzigba said when he bought the building in April 2024, it had all the violations. He said he is pursuing permits to start abating right away.

Emma Sedlak @eesedla 7/39

@cledocumenters @signalcleveland Gallagher asked how much time the abatement will take.
Dzigba responded that six months would be enough.
Murray asked a few questions about the garage and architect and said he had no objection to the extension.
The board unanimously approved the extension.

Emma Sedlak @eesedla 8/39

@cledocumenters @signalcleveland No representative appeared for the following appeal. Murray recommended a remand on the building, and the board unanimously approved a remand to the building department.

Emma Sedlak @eesedla 9/39

@cledocumenters @signalcleveland On the next appeal, Margarita Roman said that her father, the property owner, is in the hospital, but they are making headway on the abatement.
Davis mentioned that there is no documentation allowing Margarita to speak on behalf of the property owner Manuel Roman.

Emma Sedlak @eesedla 10/39

@cledocumenters @signalcleveland Margarita clarified that she is trying to have a notary come out to her father, but it is very costly. Gallagher let her speak at the meeting and asked how long the abatement would take. Margarita answered about five or six months.

Emma Sedlak @eesedla 11/39

@cledocumenters @signalcleveland The board approved the request for an extension and asked that she get the authorization notarized before the board passes the resolution on July 31st.

Emma Sedlak @eesedla 12/39

@cledocumenters @signalcleveland No representative appeared for the following appeals, so the board approved remands of the buildings.

Emma Sedlak @eesedla 13/39

@cledocumenters @signalcleveland On the next appeal, Courtney Musick explained that the violations in their building were caused by a bad tenant who had just vacated.

Emma Sedlak @eesedla 14/39

@cledocumenters @signalcleveland Musick stated they have no problem repairing the property, but she takes issue with the condemnation because it requires the building to meet 2023 codes.
She claims the exterior and utilities are in good shape.

Emma Sedlak @eesedla 15/39

@cledocumenters @signalcleveland Musick also claims that the city inspector lacked communication and had typos in his email, which led to the miscommunications and, subsequently, the condemnation.
Wooden also mentioned that the condemnation makes it more difficult to pull permits.

Emma Sedlak @eesedla 16/39

@cledocumenters @signalcleveland Jacobson asked about the notification process. Musick responded that they were sent a list of violations but never received them until after the property was condemned due to the typo in the inspector's email.

Emma Sedlak @eesedla 17/39

@cledocumenters @signalcleveland Murray said the condemnation does not mean the building must meet 2023 codes. Condemnation means that it is unsafe to live in.

Emma Sedlak @eesedla 18/39

@cledocumenters @signalcleveland Wooden clarified that if she corrects the violations, the property will be approved.
Murray responded that he can’t say for sure until she starts pulling permits and working on the property.
The board approved the request for an extension.

Emma Sedlak @eesedla 19/39

@cledocumenters @signalcleveland No representative appeared for the following appeal, so the board approved a remand of the property.

Emma Sedlak @eesedla 20/39

@cledocumenters @signalcleveland John DeBarr said a tree fell on his house, damaging his roof and windows. He is working with contractors to make the repairs.

Emma Sedlak @eesedla 21/39

@cledocumenters @signalcleveland He thinks the abatements will be completed by November 1. The contractor estimated six weeks for completion, but he thinks it will take longer.
The board approved the extension.

Emma Sedlak @eesedla 22/39

@cledocumenters @signalcleveland No representative appeared for the following appeals. The board remanded the properties.

Emma Sedlak @eesedla 23/39

@cledocumenters @signalcleveland The following appeal had no representative, but the board recognized that it was the same appellant as the earlier appeal presented by Courtney Musick.
They decided to approve the same extension as her other appeal. She will have until August 16 to pull permits for the property

Emma Sedlak @eesedla 24/39

@cledocumenters @signalcleveland The following appeals had no representative, so the board remanded the properties.

Emma Sedlak @eesedla 25/39

@cledocumenters @signalcleveland Cecilia Li explained that they experienced a house fire due to arson. The prosecutor said they couldn't move forward with demolition until they gave the go-ahead. She has found a contractor to do the demolition and made a down payment.

Emma Sedlak @eesedla 26/39

@cledocumenters @signalcleveland She also noted that the fire did not damage their greenhouse, but the city condemned it. They want to move forward with the demolition of the main house but don’t think the greenhouse needs to be demolished.

Emma Sedlak @eesedla 27/39

@cledocumenters @signalcleveland Murray asked what their plans are for after demolition and whether the contractor has applied for permits. Li clarified that they are going to rebuild their house, and the contractor has applied for permits.

Emma Sedlak @eesedla 28/39

@cledocumenters @signalcleveland Gallagher recommended remanding the property to the city until the prosecutor says they can move forward. The board approved remanding the property.

Emma Sedlak @eesedla 29/39

@cledocumenters @signalcleveland Next, the board discussed an adjudication order appeal for a fire line violation at Playhouse Square. Each building is supposed to be serviced by its own fire line.

Emma Sedlak @eesedla 30/39

@cledocumenters @signalcleveland Tom Einhouse, VP of Facilities and Capital at Playhouse Square, explained that the Bulkley Building is serviced by fire lines to the other buildings in Playhouse Square.

Emma Sedlak @eesedla 31/39

@cledocumenters @signalcleveland Another representative from Playhouse Square explained that once inside the complex, all the buildings blend together. They are looking to add a condition to the deed that if they sell the property, the new owner must add a fire line from the street to the Bulkley Building.

Emma Sedlak @eesedla 32/39

@cledocumenters @signalcleveland LT. J Oleksiak, the Fire Plans Inspector, explained that they disapprove of this idea but accept it.
Murray said that it does not meet the code, but they are open to the resolution.
Jacobson said he wants the city to review the resolution.

Emma Sedlak @eesedla 33/39

@cledocumenters @signalcleveland The board approved the request.

Emma Sedlak @eesedla 34/39

@cledocumenters @signalcleveland On the next appeal, Julie Mallett represented Sisters Haven, which provides housing and resources for mothers with weak support systems. Rocky River United Methodist Church gifted them a home on their Cleveland Campus. Their goal is to give new life into this home and community.

Emma Sedlak @eesedla 35/39

@cledocumenters @signalcleveland So far, they’ve been approved by the Historic West Cleveland Design Review Committee, Landmarks Commissions, and their Zoning appeal.

Emma Sedlak @eesedla 36/39

@cledocumenters @signalcleveland Mallet explained that they needed an exception for an ADA ramp. Mallet claims they don’t have room for a ramp, so they will add a lift in their next construction phase. She said they also have other homes to send clients with more accessibility needs.

Emma Sedlak @eesedla 37/39

@cledocumenters @signalcleveland The board approved their request, but Gallagher noted that the ADA is a federal law.

Emma Sedlak @eesedla 38/39

@cledocumenters @signalcleveland The board then approved the following resolutions and the minutes from June 5, 2024. With no further business, Gallagher adjourned the meeting at 12 PM.

Emma Sedlak @eesedla 39/39

@cledocumenters @signalcleveland Have questions? Think we got something wrong? Send any inquiries on the meeting or these tweets to @cledocumenters. Or email us at cledocumenters@gmail.com

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Agency Information

Cleveland Board of Building Standards and Building Appeals

planning.city.cleveland.oh.us

(216) 664-2418

BBSA@city.cleveland.oh.us

See Documenters reporting

The Board of Building Standards and Building Appeals is a 5-member body responsible for hearing appeals from any order, requirement, decision, or determination of the Commissioner of Building and Housing, or any other administrative official or agency of the City, relating to the location, design, materials, construction, alteration, repair, equipment, use or occupancy, maintenance, removal or demolition of any building or other structure, or appurtenance connected or attached to such buildings or structures, regulated by the Building Code of the City of Cleveland.