Unfinished home in Perry Township spurs controversy

May 19, 2010

By: News-Herald Staff

This home, in the process of being built in Perry by Madison resident James Cowan, is one example area residents provided of what they deem to be blight. This home has been under constrution for 10 years, according to the neighbors.

By David S. Glasier
DGlasier@News-Herald.com

Eyes of the beholders tell starkly different stories about the large, two-story house that has been under construction since February 2002 in the Red Mill Run subdivision in Perry Township.

To James R. Cowan, the Madison Township resident who is building the house at 3344 Jens Way, the structure and half-acre lot on which it stands are works in progress.

“You can’t understand this situation unless you’ve built a home by yourself. I suggest you try it once and see how long it takes,” Cowan replied when asked about the state of the structure and lot.

While it has a full complement of windows and doors, there are large areas of the structure’s outside skin not covered by vinyl siding or bricks. There is no permanent stoop leading to the main entrance, and the wood frame of the soffit above the front door is exposed to the elements and weathered.

The garage door is installed and locked in the down position. However, without a driveway having been established, there is a nearly 1-foot gap between the ground and bottom of the garage door. A large, yellow backhoe stands idle on the back of the lot, surrounded by weeds and an uprooted tree trunk.

To Steve Mocarski, Jerry Shepard and other Red Mill Run homeowners who live in the immediate vicinity of 3344 Jens Way, the unfinished building, roughly graded lot and rusting backhoe represent blight in the midst of an otherwise fastidiously maintained neighborhood.

“I’ve seen better looking ‘crack houses,’ ” said Mocarski, who lives across the street from 3344 Jens Way.

Shepard lives next door to house and lot.

“For a while, I had grudging respect for Jim (Cowan) because he’s doing so much of this work himself. But it’s getting to the point where its ridiculous,” Shepard said.

Cowan was unapologetic when told about the remarks by Mocarski and Shepard.

“I don’t understand what their concerns are,” Cowan said. “They’re just a bunch of nosy neighbors who would be better served staying on their side of the street.”

Cowan’s reference to “nosy neighbors” aroused the ire of Mocarski’s parents, Alex and Janette Mocarski.

For 10 years, the elder Mocarskis lived in the house next door to the one occupied by their son and daughter-in-law. The elder Mocarskis sold their home in August 2009 and moved to a nearby condominium.

“We lived in that house for 10 years and we couldn’t stand couldn’t stand looking at (Cowan’s place) anymore. We had to move,” Janette Mocarski said.

“He has a lot of nerve to talk about nosy neighbors,’” she added. “We’re not nosy at all. We stayed out of his business beyond not wanting to look at that eyesore and throwing up our hands. We don’t expect anything from him (Cowan). We expect something from our elected officials.”

Steve Mocarski, the elder Mocarskis and Shepard said that for years they have expressed concerns to local government officials about the conditions of the house and lot as well as the slow pace of progress.

They have made many conversations with Perry Township Administrator and Zoning Inspector Walter R. Siegel and representatives of the Lake County Building Inspection Department.

“I’m more furious at the township and county than at Jim (Cowan),” Steve Mocarski said. “They allowed this to happen. They need to create some regulations to prevent this from happening again. Either way, the township and county are not doing their jobs.”

Cowan was defiant when told neighbors had taken their concerns about his house and lot to local government officials.

“I don’t build houses for a living. I build for my own purposes and I work on my own time frame,’” Cowan said.

Siegel lives in the Red Mill Run subdivision and said he has had “a couple of conversations” with Cowan in the last five years.

“He told me he was working on the house and eventually will finish it, but I don’t buy that,” Siegel said. “That place is a lawsuit waiting to happen. My wife and I walk past there all the time. It makes me sick, too. But I can only do what the law allows me to do.”

Gerald Flanik, chief building official for the Lake County Building Inspection Department, confirmed that Cowan’s building permit for 3344 Jens Way was issued on Feb. 13, 2002.

Department records show that permit is still valid under terms of Section 111.6 of the 1999 Ohio Residential Building Code, which stipulates that the permit will expire if work on the structure is abandoned “for a period of 180 days or more after the work has commenced.”

Neighbors say Cowan only works sporadically on the house and yard.

“This is my project. I will complete it as resources and time permit. I am not concerned with a gutless bunch of nosy neighbors,” Cowan said.

Cowan’s structure on Jens Way has electricity. Another neighbor, Frank Torrieri, said he suspected Cowan has a refrigerator inside the structure and may have slept there on occasion.

“I have never stayed overnight at this property,’” Cowan said. “I’m perfectly content to go home and stay in my fine home in Madison Township.”

When told that there is no printed building permit clearly visible on the structure at 3344 Jens Way, Flanik said that was an “apparent violation” of county and state requirements.

“The weather ruined the (permit) I had there and I haven’t replaced it,” Cowan said. “If they want one in the window, I’ll put it there.”

Cowan owns another half-acre lot on Jens Way, not far from the lot where the unfinished house stands. On the vacant lot, a hand-made “For Sale’” sign has been dislodged from its frame. Siegel said he has in the past requested that Cowan mow the grass and weeds on the vacant lot.

According to records obtained from the Lake County Auditor’s office, Cowan has property tax delinquencies of $1,833.15 on the structure and lot at 3344 Jens Way and $1,049.96 on the vacant lot.

“That is a private matter,” Cowan said when asked about the tax delinquencies.

Cowan said he is amenable to selling his Jens Way properties.

“If someone wants to by me out, let them put up $2,000 in nonrefundable, good-faith money and I will listen to all offers.”

Flanik said the Lake County Building Inspection Department is reacting to this new wave of complaints by trying to set up a face-to-face meeting with Cowan at 3344 Jens Way.

“We want to talk to Mr. Cowan and see for ourselves how the work is progressing,” Flanik said.

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