ZBAA Minutes, June 9, 2015
June 9, 2015
Alexandria, Louisiana
The Board of Adjustments and Appeals (BAA) met in the Council Chambers on June 8, 2015 at 4:00 P. M. Pursuant to requests for a “SPECIAL EXCEPTION.”
PRESENT: Mr. Arthur Allen, Chairperson
Mr. Jack Hodges
Mr. Mike Bordelon
Mr. Bryon Salazar
Mr. Hershel Lonidier, Planner
Ms. Freddie Matthews, CMA-Administrative Assistant
Mr. Robert Bussey, Legal Counsel
Mr. Allen opened the meeting at 4:00 P.M. Roll call was taken by Freddie Matthews and announced a quorum. Mr. Allen proceeded with explaining the procedures and the Commissions responsibility as well as the expectations of the applicant and participants. Mr. Allen read item #1 and asked the applicant to come forward and state their name and address.
ITEM #1 An application on behalf of Billionaire Properties, LLC, requesting a “SPECIAL EXCEPTION” in compliance with the City Code, Section 28-7.8 allowing for the reinstatement of a nonconforming use status on the property located at 1918 Monroe Street, Alexandria, Louisiana, located within the zoning district zoned as “SF-2”, Single-Family (moderate density)district.
Mr. Deion Duruisseau of 129 Sunridge, applicant stated he purchased the house from Chris Soprano and did not know about the non-conforming use status until after he attempted to get utility connections, and he was told by the Planning Department that I would have to apply for a special exception.
Mr. Allen asked if he was going to reside in the dwelling or rent the dwelling. Mr. Duruisseau stated he planned to rent the property as a triplex if approved.
Mr. Hodges asked the applicant if the utilities were off six months prior to you purchasing the building. Mr. Duruisseau stated yes. Mr. Hodges asked if he knew about when they were turned off. Mr. Lonidier stated six months. If the power was off that long the property would need to be reinstated.
Mr. Bordelon asked what your plans are as far as renovations is concerned Mr. Duruisseau stated he plans to paint, cut the grass and trees, inside and out total remodel as a triplex. Mr. Bordelon asked about mechanical. Mr. Duruisseau stated yes, plumbing, electrical, carpentry on the outside, rotten wood, whatever, paint, I plan to make it look beautiful.
Mr. Hodges asked when you purchased the house from Mr. Soprano did he tell you it was for a triplex or you just bought the property as property. Mr. Durruisseau stated he told me it was as a triplex and it was for sale and that is all he told me.
Mr. Allen asked if he was going to reside in the dwelling or rent the dwelling. Mr. Duruisseau stated he planned to rent the property as a triplex if approved. Mr. Allen stated he went by to see the property and there is a driveway beside the dwelling. Do you see a problem with that if you have more than one family there? Mr. Duruisseau stated behind the garage there are three little pads for parking, which the tenants can use.
Mr. Bordelon asked if the non conforming nature is to continue to be used as a triplex? Mr. Bussey stated yes, it is a a single family designation right now and the applicant is asking to continue to use it as a triplex. Mr. Bussed asked the applicant if he has any evidence showing the Board that it was uses as a triplex before. Mr. Duruisseau stated that the city had some tenants with utilities on. He stated the city has pictures of the meters. Mr. Bussey stated that pictures of the meters do not show when the meters were put in, do you have any evidence showing when those meters were put in? Mr. Duruisseau stated when he went to the Planning Department that they had that information. Mr. Hodges stated it looks like there is only one meter in there, and two that have been pulled.
Mr. Bussey stated the applicant must show that the non conforming use predates the current zoning classification; it does not say that the department has to show that , it says you have to show that. Do you have any evidence that shows it was used as a triplex before it was zoned Single Family? Mr. Duruisseau stated he does not. Mr. Bussey asked the applicant if he came to the Board with any Utility Records or Building Permits that would show anything like that? Mr. Duruisseau state he was not told to do that. If I was told to do that, I would have. Mr. Duruisseau stated he had no proof that it was used as a triplex. Mr. Bussey asked the applicant if he was provided with a copy of the Ordinance? Mr. Duruisseau stated I don’t remember, what do you mean provided with a copy? Mr. Lonidier state not necessarily. Mr. Bussey asked, but he does have access to it.
Mr. Lonidier stated probably what happened was someone had checked it, I do know they had three meters there prior to ’87 when we checked the utility records. And I’m sure someone probably from the Planning Department said that was the case. Mr. Lonidier stated that photos do show there were 3 meters prior to 1987; someone from Planning may have told the applicant that it had several meters.
Mr. Salazar asked the applicant is it currently uninhabited? Mr. Duruisseau stated, yes. Mr. Salazar asked has it been like that since you bought it? Mr. Duruisseau stated, yes. Was it uninhabited prior to you buying it for a period of time? Mr. Duruisseau stated he wasn’t sure. Mr. Salazar, but it was when you bought it. Mr. Duruisseau stated, yes. I bought it three or four months ago.
Mr. Hodges asked Mr. Durruisseau when he applied for utilities. Mr. Durruisseau stated right after he purchased the house, and that is when he found out he needed to go through the Zoning Board of Adjustment and Appeals and apply for a “Special Exception”.
Mr. Bussey asked if there were any other duplex or triplexes in the area. Mr. Durruisseau stated around Monroe Street, six or seven, there is also a housing facility that houses about a hundred people down the street.
Mr. Allen stated I know you asked the question, is there a mandate that says you have to have evidence that… Mr. Bussey stated the Ordinance says the applicant must show the following: proof that the non conforming use pre dates the current zoning designated for the land or structure. It doesn’t specifically say how he has to show that proof. Does he have to come with documentation or does he have to have the department do it? Mr. Bussey read the ordinance relating to Non-Conforming Use.
Mr. Allen asked what is acceptable. Mr. Bussey state this is not a complete list, but an example list: SUCH proof may be Zoning Compliance, Occupational Licenses, Planning Permits, Building Permits, Utility Records, Leases or other records or documentation. So, any of those things would have added to showing that it had been used as a triplex. I think the only thing we have so far is the three meters, and he has also testified he has three pads in the back. Mr. Lonidier stated there were three utility bills that went past for A, B & C that went back before 1987. Mr. Hodges asked, nothing since 1987? Mr. Lonidier stated no, that was as far back as we went, there was some coming back this way, but the system went back to 1987, there were bills coming to current years; but nothing as far back as ’87.
Mr. Hodges asked when were the most current use of the three meters? Mr. Lonidier stated the date, I don’t know. Mr. Bussey asked when was that area designated SF-2? Mr. Lonidier stated the Ordinance shows something was done in ’92, but nothing before that. Mr. Bussey said if it went back to ’87 that would predate it to ’92.
Mr. Salazar asked, so when you bought the building, did you ask the person you bout it from if they had recently been inhabited? I’m just trying to figure out for the past five years….Mr. Duruisseau stated I didn’t ask because I had bought a package of houses, and this was just one of the houses in the package.
Mr. Allen asked if there were any further questions for the applicant.
Mr. Allen asked if anyone present is in opposition to come forward.
Mr. Ed Larvadain, City Councilman of 626 8th Street asked to show the Board some pictures taken this morning. I had a chance to talk to the applicant; the house is in horrible condition and I would prefer that he find a way to either make some serious structural improvements, cut the grass, make it look decent or he can put it on the condemned list and eventually the City will tear it down. I’m more concerned with the property being next door to Mrs. Mayeaux, who has a beautiful home, to the left of that property is the picture of Mrs. Mayeaux’s beautiful home, then there are some folks that called me and said you have a duplex now, but with a triplex you will have more activity, then you have more problems. I’m also more concerned with it being in a school zone, which is right across from Rosenthal, which is one of my passing schools in the district. I’m very concerned about all the homes, and the school zones for the safety of the kids. The house is in deplorable condition, if he can find a way to make some substantial improvements, we may be able to work with him. But right now, I’ve got a problem You can look at the outside of the house it is destined to be torn down by the city. I’m sure Code Enforcement and the police have been over there. He has to make a concerned effort to try to correct the problem with a substantial amount of money or we can put it on our condemned list and we eventually will tear it down. I thing about two years ago we tore down about 40 structures in the City of Alexandria, and we’re going to put in another $250,000.00 in our budget and tear down a bunch of structures. As City Council in our district, I would rather have an empty lot than have a dilapidated building across fromt he school. And our own responsibility would be to cut the grass. My concern is the safety of the kids, and to help some home owners. If he could find a way to do some substantial improvements or do some permitting so he can make some correction with it, I don’t have a problem with it. I would ask probably for a delay to get some things on track. If he can get things on track, then maybe in a few months and see exactly what you’re going to do with it. I want him to understand the board, myself and other colleague’ are concerned about properties in our districts because we get complaints. We get phone calls, we get text messages, we get emails about the grass, which is one less obligation. We have to make some improvements, and having that structure right down from a school zone, that night and saw some light on. I’m concerned about having somebody in the house.
Mr. Allen stated we are not concerned about all the houses that you have. Have you made any plans to have a crew to work on the houses, as far as designted this one as 1st, 2nd, 3rd, what order of repair are you going to do? Mr. Duruisseau stated this is priority number one to me right now. All of my other houses are fixed. I’m just waiting for permission to go forward, to paint, to do the yard or whatever. I was told by another lady to hold off on everything until you get an ok from the City Council, that’s what I was told. Mr. Larvadain just told me, hey man should have cut the grass; you should have done this, if I would have known I needed to do this, I would have done it immediately.
Mr. Bordelon asked the applicant if he had any specifications or maybe drawn up plans as far as the renovations are concerned? That was my first question, and that was a rather vague answer. I’m familiar with the house, and from the exterior it appears to be in very bad shape. Is someone living in it now? Mr. Duruisseau state no, unless someone kicked the door in and went in. I had a lot of problems with that. Mr. Hodges stated there must be utilities, if you saw lights on in the house. Mr. Duruisseau stated that is why I need to get over there and start doing something with the property. The property is a good property; I walked through it when I bought it. I don’t know if you guys walked through it lately. But it’s not like it needs to be torn down. I know I bought some property that needed to be torn down with floors falling apart, windows and roofs caving in; this is not that kind of thing. This needs little basic repairs like a little painting, fix windows, painting the outside, that’s all I know of. Mr. Bordelon asked what kind of air conditioning and heating does the building have? Mr. Duruisseau stated gas heat inside the property. I plan to change all that with window units with heat and cool in it. Each unit is probably 4 to 500 square feet. Mr. Bordelon asked what is the square footage. Mr. Duruisseau stated about 12 to 1300 square feet. Mr. Bordelon staid total, so you’re talking about 400 square feet per unit. Mr. Duruisseau said yea, it’s not that big of a house. There are two bedrooms upstairs and one bath on each side, so it can’t be more that 12 to 1300 square feet. Mr. Allen stated there is an addition on the back; Mr. Duruisseau stated yea, that is a patio.
Mr. Hodges asked if Mr. Durruisseau put the boards up in the windows, and Mr. Durruisseau stated he did not place the boards in the windows.
Mr. Allen asked if anyone else present was in opposition to come forward.
Marie Mayeaux of 1920 Monroe Street resides next door. Ms. Mayeaux stated the applicant is wrong about the square footage, it is more. This house is a hazardous building. Mrs. Mayeaux has fear a fire will break out, the windows are broken, and pigeons go into the house through the roof because the roof is caving in. Mrs. Mayeaux even called the city to cut the grass, but could not contact the owners so they did not cut the grass. Tree roots are growing into her driveway and destroying it. Mrs. Mayeaux stated since around November or December someone has been living in the house; the police were called, a car is parked in the driveway and don’t know how the utilities got turned on. There is a lot of traffic at this house. I think the house needs to be torn down.
Mr. Bordelon asked if the alley is still open. Mrs. Mayeaux stated only through the neighbors entrance.
Mr. Hodges asked Mrs. Mayeaux how long had she lived there. Mrs. Mayeaux stated she rented the house several years ago but purchased the house 3 or 4 years ago.
Mrs. Mayeaux stated Lonnie and her sister lived upstairs but it was never a duplex.
It’s a scary house, cars in and out at all hours of the night; trash is put out in shopping bags, not trash bags.
Mr. Salazar asked Mr. Larvadain to explain the process of the condemnation.
Mr. Salazar stated even if we deny the special exception, the house stays as an eye sore.
Mr. Larvadain stated he wants the place corrected before the applicant places renters in it.
Mr. Bordelon asked Mr. Durruisseau why he didn’t at least clean up the yard.
Mr. Durruisseau stated Angie in Planning told me not to do anything until I came before this Board.
Mr. Bussey stated that Mrs. Mayeaux said the house was never used as a triplex. Mr. Durruisseau stated he has purchased fifty other properties in this business over the last 5-6 years and every now and then you get a lemon. Some of my properties are rentals, some are flipped.
Mr. Paul Ozbum of 1941 Monroe Street stated he has lived here since 1979 and the applicant’s house had been vacant for five years. There are squatters in the house and has seen it go downhill. He has watched the deterioration from across the street. This was a single family dwelling, not a duplex. There is a school next door and the swat team has even been called out here. I questioned when are they going to cut the grass, when are they going to clean up the area. I live right across the street, a single family I can live with that, but not a duplex.
Mr. Bordelon made a motion to deny the request for a “SPECIAL EXCEPTION” and was seconded by Mr. Salazar. Ms. Matthews took roll and all in favor of denial of the application. All in favor to deny the request for Special Exception.
Mr. Bussey stated the dwelling will stay a Single Family and is to be brought up to code.
Mr. Hodges made a motion to approve the previous meeting minutes and was seconded by Mr. Salazar. All in favor to approve minutes for the November 10, 2014 meeting.
New business: Ms. Matthews suggested the Board Member submit a letter to the Mayor requesting an extension of their term or to renew each members Commission to the Board of Adjustment and Appears.
Mr. Allen adjourned the meeting and was seconded by Mr. Hodges.
Meeting adjourned at 5:15 P.M.
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Arthur Allen, Chairman