YOUNGSTOWN Board denies zoning appeal
The building operator calls the city's demand for plans and permits unreasonable, arbitrary and illegal.
By ROGER G. SMITH
CITY HALL REPORTER
YOUNGSTOWN -- Jeff Moffie has about a month to either provide the city with plans and get the right permits or clear residential tenants from the Stambaugh building.
The city's zoning appeals board denied Moffie's bid Tuesday to overturn an order requiring him to provide the plans and get permits for a few residences in the downtown office building he operates.
The city issued a notice Sept. 19 giving Moffie 30 days to handle the plans and permits or 60 days to remove about five tenants.
Safety concerns
Hubert Clardy, the city's chief fire inspector, told the board he has several concerns about people living in the building.
There are no alarms, sprinklers or safe stairwells if a fire breaks out. Some of the converted offices are higher than the city's tallest ladder, too, he said. A visitor to one of the tenants recently called the fire department concerned about lack of fire safety and exposed wiring, he said.
Plus, a lack of floor plans makes rescues difficult, he said.
"There is great concern," Clardy said. "We really have no inkling of what to expect."
The Youngstown/Warren Regional Chamber, which has offices on top of the Stambaugh building, also asked the city to evict the tenants unless codes are met.
Moffie could not be reached to comment late Tuesday.
One of his lawyers had asked that the administrative hearing be rescheduled because of a court case. The board took up the case, however. Members decided that the request for plans and permits were basic and shouldn't be waived.
Another lawyer told city Law Director John McNally IV, who heads the appeals panel, before the meeting that Moffie is working on getting the plans and permits.
Bill D'Avignon, city deputy director of planning, said he isn't aware of any progress.
Director's account
D'Avignon gave this account of the case:
The apartments first came to the city's attention in the spring. A sign went up advertising apartments for rent.
Moffie was told to get the right permits but said he was just testing the market for interest.
A plumber and electrician then got permits to do work in the building. In June, city building officials told Moffie he needed a zoning permit, a building permit along with plans for the change of use and an occupancy permit before anybody moved in.
The city issued the zoning permit immediately because residential use is allowed in the building. Moffie was given 60 days to send in the drawings and get the other permits.
At some point, five offices started being used as residences despite no plans or permits.
The 60 days expired Sept. 19. The city then gave Moffie the 30-day order to provide plans and get the right permits or 60 days to clear out the residents.
"We feel we have been more than fair," D'Avignon said.
Moffie appealed, calling the order unreasonable, arbitrary and illegal.
The city could seek a restraining order to remove the tenants if they aren't out, McNally said. Moffie also could face $100 per day fines and a criminal misdemeanor charge for the violations, D'Avignon said.
rgsmith@vindy.com