10-30-1978 Regular MeetingBIDING BOARD OF ADJUSTMENT AND GALS
A meeting of the Building Board of Adjustment and Appeals was held in the Council Chambers
on Monday, October 30, 1978 at 5:00 P.M. Board members present were: Mrs. Jeam Winston, and
the Messrs. St. John, Jones, Allison, and Wolfe. Others present were City Attorney Baird, City
Manager Tiffany, Building Official Nagel, Chief of Police Tyndal, Ms. D. Caplan, Mrs. J. Smith,
Mr. Amos Thomas, and Mr. Jack Griner.
Mr. Jones moved the nomination of Mr. Donald St. John as Chairman. The motion was seconde
by Mr. Allison and unanimously carried. The meeting was called to order by Chairman St. John
at 5:05 P.M.
Chairman St. John advised of a petition by Mr. Amos Thomas, owner of the premises known
as the "Kozy Kastle" (766 Montrose Street), to appeal a decision of the Building Official to
condemn the building as unsafe under Section 103.4 of the Southern Standard Building Code.
Building Official Nagel appeared before the Board to briefly outline his decision and
the basis for his decision, advising that the condemnation procedure was begun in December,
1977, and following his inspection made March 20, 1978, it was his determination that the
building, in its existing condition, had deteriorated to the point that the expense to make
necessary repairs would exceed 50% of the total valuation of the premises. A copy of this
inspection report is attached hereto.
Mr. Amos Thomas appeared before the Board in support of his appeal, advising that it was
not his intent to keep the business establishment known as the "Kozy Kastle" in operation;
That he desired to make repairs to the building to make several living units; and That his
appeal is based on his feeling that such repairs can be made which will not exceed 50% of the
property valuation. He said that preliminary plans had been prepared to renovate the building
but that he had not had cooperation from his architect in finishing the plans. He stated
that as soon as plans were complete and approved that he was prepared to begin construction.
Mr. Jack Griner, contractor for the proposed renovations, advised of his estimation of
$60,000 - $70,000 to construct a new structure of the type Mr. Thomas desires, and the
estimated expense of repairs and conversion to dwelling units would be $30,000 - $40,000;
That floor plans for the proposed construction had been submitted to the Hotel and Restaurant
Commission and that the plans must be revised to meet State requirements, but that the
architect working on the plans had made little progress.
Following considerable discussion on necessary repairs to bring the building up to
minimum building code requirements and past history of the petitioner in obtaining time
extensions to make these repairs, motion was made by Mr. Jones, seconded by Mr. Wolfe and
unanimously carried that condemnation proceedings be upheld pending a 90-day time extension,
during which time the petitioner is to make substantial progress, to the satisfaction of the
Building Official, toward renovating the building to minimum code requirements, that the
building be boarded up until such repairs have been completed, and that the building not be
occupied by any person.
The meeting was adjourned at 6:00 P.M.