DECISION NO.95A002-102
DATE:March 31, 1995
The building be demolished and the resultant debris removed from the site.
The original building was constructed about 50 years ago and prior to the fire that essentially destroyed the building in 1992, contained a restaurant on the main floor with a residential apartment on the roof level. The building was constructed of concrete block on a concrete pad, with a brick/stucco exterior. Access to the apartment was via a exterior stairway at the back of the building. Approximately 40 feet separate the building from another restaurant to the south. On the north and est side a retaining wall separates the property from adjoining residential properties. All doors and windows on the front street side are covered with 3/8 inch plywood. At the rear of the building the door to the storage area is missing, the back entrance door to the kitchen is held in place with a 2x4 plank which can be removed, the back door to the main dining area is nailed shut with a 2x4 and the back door to the south dining area has no means by which it is kept shut. There is a considerable amount of debris around the building, particularly in the rear in the vicinity of the school bus storage area. Both the exterior and interior of the building suffered extensive fire damage and the fire burned through the roof at several points.
Waiting for litigation with insurance company.
The appellant failed to appear at the hearing.
The building, in its current state, is readily accessible at any time and is, therefore prone to vandals and teenagers. The building is considered a severe hazard and demolishing the building is a sure way to eliminate this hazard.
The appeal is dismissed and the order upheld.
The failure of the appellant to appear or advise of a reason not to appear was considered sufficient grounds to dismiss the appeal.
In looking at all the circumstances, the Commission concluded that the
property presented an unreasonable fire and life safety hazard to the
community.
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