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HomeMy WebLinkAboutCorrespondence: Unsafe Bldg 2010d u td ;twin_ (peaccaN E LIBERTY PLAZi LAW OFFICES OF JASON D. MAY, LLC 23RD FLOOR NEw YORK, NY 10006 212 201 -2894 0 1' Via Regular Mail Mr. Michael Hollibaugh, Director Department of Community Services One Civic Square, 3rd Floor Carmel, Indiana 46032 Dear Mr: Hollibaugh: Encl CC: Dr. Louis Star Client File Arl»rriteri to Prachce in the Strrtrs of Nero) orb: 'Minna Coafidential Page 1 Fax g88.1a1.74O9 www.jasonmay iaw.win a xm.ma}Jasonmavfaw.com 7/24/2009 Re: 31 Pirst Street, South East, Carmel, Indiana Tax Parcel 16-10-30-03-01-009.000 This letter is in response to your letter dated July 2, 2009 (a copy of which is attached hereto and referred to as the "Code Letter") regarding the above referenced premises located at 31 1 Street, SE in Carmel, Indiana. This office represents Dr. Louis Star in matters concerning the subject premises. This letter is to advise you that we are aware of the City of Carmel's concerns as well as the proscribed deadlines set forth in the code letter. We realize the current structure is unattractive and our goal its to develop the premises in keeping with the beautiful and ongoing development projects in downtown Carmel, consistent with the City's master plan. At your convenience, we would like to sit down and discuss our development plans, as well as the City's interest in the premises as recently proposed by the Carmel Redevelopment 'Commission. Please advise this office of upcoming dates you are available to meet to discuss our endeavors and progress in developing the premises. Respectfully .ubmitted, May 0 5050 OS v 931 EAST 86x' STREET SUITE 102 INDIANAPOLIS, IN 46240 317 -802 -1288 cv-e 1��� July 2, 2009 EF Holding LLC c/o Dr. Louis Star 7975 Hillcrest Rd. Indianapolis, Indiana 46240 Dear Dr. Star: City of arm e DEPARTMENT OF COMMUNITY SERVICES Division of Building and Code Enforcement RE: CITY CODE VIOLATION UNSAFE STRUCTURE VIA Certified Mail and First Class Mail I am writing to your regarding your property located at 31 First St. S.E., Carmel, Indiana, Tax Parcel Number 16 -10- 30-03 -01- 009.000. A recent site inspection was performed by this Department on May 13, 2009, in response to complaints regarding the safety of the structure. Due to the dilapidated condition of the property, a more detailed inspection of the structure was performed by a contractor of the City, McComas Engineering, on June 9, 2009. This report stated that there are virtually no areas of the building that remain watertight, and that significant deterioration of the roof framing and exterior masonry walls was noted throughout the building. Itemized structural deficiencies were noted in the McComas inspection report which will be made available to you. There were numerous deficiencies found which violate the provisions of the Carmel City Code, 6 79 Public Nuisances Affecting Peace and Safety and 6 159 Unsafe Building Regulations. It is our concern that the condition of the building has created an unsafe condition that may lead to partial or total collapse of the building shell. The City of Carmel seeks your voluntary compliance. with the Carmel City code. In order to address and resolve the deficiencies it is critical that you or your representative initiate continuous construction to make necessary repairs to the structure, or begin demolition proceedings within forty -five days of receipt of this letter, not later than August 20, 2009. If you choose to repair the structure, this Department requires an engineering report on the structural integrity of the building and plan for moving forward be submitted by July 27, 2009. ONE CIVIC SQUARE CA.RMMEL., INDL&NA 46032 317/571 -2672 Should you choose to ignore the concerns and timelines provided in this letter, the City will begin enforcement proceedings with citations issued requiring your appearance in Carmel City Court. Should you disagree with any of the above findings or directives, you have the right to appeal them to the City of Carmel Board of Public Works and Safety. Please contact me via email (pnhollibaugh@carmet.in.gov) or by phone (571 2422) at your earliest convenience to discuss further the above and to begin resolution of how you wish to proceed. Yours truly, Michael Holliba Director, Depar File: Cc: Jim Blanchard, Building Commissioner Tom Perkins U.S. Postal ervicoFT,; CFRTIFIEp IVIAIL:., RECEIPT Domestic Mai Only; No insurance Coverage Proveded) Forded very information visit our website a tA USIi www.usps.com ONE CIVIC SQUARE nt of Community Services CARMEL, INDIANA 46032 317/571 -2672 McCOMAS ENGINEERING STRUCTURAL ENGINEERS June 11, 2009 Jim Blanchard Building Commissioner City of Carmel One Civic Square Carmel, IN 46032 RE: 31 First Street SE, Carmel, IN MEI Project No. 29088 Dear Mr. Blanchard: 1717 East 116 Street, Suite 200 Carmel, Indiana 46032 Phone: 317- 580 -0402 Fax: 317 -582 -0766 www,mccomaseng.com FORENSIC ENGINEERS NATIONAL CONSULTANTS S L'Jr Do At your request we have reviewed the building located at 31 First Street SE in Carmel, Indiana. The purpose of our review was to determine the structural adequacy of the existing building. The building originally served as a church. However, in 2005 McComas Engineering, Inc. (MEI) was hired to provide design of temporary bracing and shoring of walls and roof trusses in conjunction with plans to change the building to a restaurant. On June 9, 2009, we visited the building to do a brief, visual walk- through survey in order to comment on the current status of the structure. The building consists of masonry walls supporting wood roof trusses and wood rafters covered by wood decking. Elevated floors in the building are comprised of wood joists and wood decking. The age of the building is not known. In 2005, MEI designed temporary lateral braces to support the exterior masonry walls after a portion of the floor had been removed. MEI also designed temporary scaffold shoring to support dilapidated trusses, as well as measures for repair of the trusses. During our site visit we noted that the wall braces and scaffold shoring were still in place, and it appeared that some of the truss repair measures had been undertaken. However, the truss repairs do not appear to have been completed. Generally speaking, there are virtually no areas of the building that remain watertight. Significant deterioration of the roof framing and exterior masonry walls was noted throughout the building. Some of the specific deficiencies noted were as follows: 1. Roof framing is missing in several areas, and significantly decayed in others. 2. Support for the west portion of the elevated floor is completely gone and floor members are rotted and sagging. 3. The wood top plate that supports rafters and connects the roof to the masonry walls is deteriorated or missing along west and east walls. 4. Wood rafters and decking are deteriorated or missing in several areas. 5. Water penetration and deterioration of both the masonry and wood at truss bearing points in both east and west walls. 6. Prominent cracks and deterioration in all concrete lintels over windows and below trusses in east, south and west walls. 7. Eroded foundation in south wall at southeast comer. 8. Wall at entry stair has decayed joints and bows into the stair. 9. Wood framing over entry stair deteriorated and missing. 10. Significant cracks in masonry at north and west tower walls. 11. Open joints in masonry at northeast comer can see into the building from the outside. 12. Moss, mildew and ivy cover large areas on the west, north and east walls. 13. Brick retaining wall north of building leans significantly into sidewalk. 29088 Review Letter.docx Page 1 of 2 McCOMAS ENGINEERING STRUCTURAL ENGINEERS Water penetration is evident in virtually every area of the building, and this has likely caused the structural components to erode at an accelerated rate. Sections of the roof and exterior walls are missing and the structural adequacy of these framing systems has been greatly reduced. The missing portions of roof and framing create walls that are unsupported laterally. Additionally, deteriorated portions of the walls appear to no longer have adequate capacity to support the roof structure. These factors create an unsafe condition that, in our opinion, may lead to partial or total a of the buildin shell. The temporary measures put in place in 2005 have likely prevented a major collapse of the roof and exterior walls. Portions of the building may still be salvageable, but a more thorough evaluation is required to determine the soundness of the building components. Based on the level of visible deterioration, it is our opinion that repair and renovation of the existing structure will require extensive labor and materials at significant cost. We appreciate this opportunity to be of service. If there are additional questions or concerns, please contact the undersigned at your convenience. Sincerely, McComas Engineering, Inc. Thomas M. Mittner, P.E. Engineering Manager (47< l( ossfY L,41 1717 East 116 Street, Suite 200 Carmel, Indiana 48032 Phone: 317-580-0402 Fax: 317 -582 -0768 www. mccomaseng.com FORENSIC ENGINEERS NATIONAL CONSULTANTS 29088 Review Letter.doex Page 2 of 2 Page l of l Blanchard, Jim E From: Rod McComas [RMcComas @mccomaseng.comj Sent: Monday, June 08, 2009 10 :49 AM To: Blanchard, Jim E Cc: Tom Miltner Subject: Old Church 1st Ave. SE Attachments: S101 Wall Brace Location Plan and Details.PDF Jim, Tom Miltner, P.E. will be contacting you to set up a meeting this week. 1 have attached the bracing plan we did in 2005. Tom, Our job number is 25010. Jim's cell phone is 670 -0114. Rod McComas, P.E., S.E. McComas Engineering, Inc. 1717 East 116th Street, Suite 200 Carmel, Indiana 46032 Direct: 317- 249 -4784 Phone: 317- 580-0402 Fax: 317- 582 -0766 www.mccomasena.com 4 /4/1 flf10 BOARD OF PUBLIC WORKS SAFETY MEETING AGENDA MEETING CALLED TO ORDER 1. MINUTES WEDNESDAY, DECEMBER 16, 2009 10:00 A.M. COUNCIL CHAMBERS CITY HALL ONE CIVIC SQUARE a. Minutes from the November 25, 2009 Special Meeting b. Minutes from the December 2, 2009 Regular Meeting 2. PUBLIC HEARING a. Notice of Order; Record 00003065; Property located at 31 Fi r st Street S.E.; Darren Mast, Code Enforcement 3. PERFORMANCE BONDS a. Resolution BPW- 12- 16 -09 -01; Congressional Flex Space; Monumentation; sidewalk/path; Rex king, JC Hart Company b. Resolution BPW- 12- 16 -09 -02; Morgan Creek; Storm Sewers; Monuments Markers; Mark Thomas, Covenant Group c. Resolution BPW- 12- 16- 09 -03; City Center Drive Landscape Improvements; Jeff Delello, Delello Sons 4. CONTRACTS a. Request for Acceptance of Final Inspection; City Center Drive Street Scape; Mike McBride, City Engineer b. Request for Purchase of Goods and Services; Change Order #3; Towne Road 116 Street; E &B Paving; (Increase: $16,007.40); Completion date: 6/30/2008; Mike McBride, City Engineer c. Request for Purchase of Goods and Services; Change Order #4; Towne Road 116 Street; E &B Paving; (Increase: $17,982.25); Completion date: 6/30/2008; Mike McBride, City Engineer d. Request for Purchase of Goods and Services; Commercial Irrigation Turf; (Bid Award $150,733.00); Bob Higgins, Brookshire Golf Course e. Request for Purchase of Goods and Services; Corporate Accents; Design Service for Remodeling Public Restrooms; ($3,797.00); Chief Keith Smith, Carmel Fire Department