Board of Ordinance Appeals I

CITY OF STERLING HEIGHTS NOTICE OF PUBLIC HEARING The Ordinance Board of Appeals held a public hearing at 7:00 p.m. on Monday December 9, 2013 at the Sterling Heights Municipal Center, 40555 Utica Road, Sterling Heights, MI in the Council Chambers, 586-446-2360. At this meeting the Board (1) considered variance requests of petitioners and (2) conducted hearings on abatement of nuisances relating to the property and property owners itemized on the following agenda. AGENDA 1. Chairman Pitrone called the meeting to order at 7:00 pm 2. Roll Call John Pitrone - Chairman, Kenneth Cooper - Vice-Chairman, Joseph DiGaetano - Secretary, Robert Ervin, Jennifer Hartson, Denice Gerstenberg - City Development Manager, Paul Geiger - Code Enforcement Officer, Dana Vietto - Recording Secretary 3. Report from City Liaison – Denice Gerstenberg a. All petitioners were notified by first class mail about tonight’s meeting. Remove the following items from the consent agenda as they have been cleaned up prior to the meeting – G13-0390, G13-0391 and G13-0392. 4. Removal of Consent Items to New Business a. Moved item 6 to New Business 9a. G13-0389 Palaszewski, Chester & A. – 13749 Abbey Court 5. Approval of Agenda Motion by Cooper, supported by Ervin, to approve agenda Yes: All. Motion carried. 6. Consent Agenda Moved by Cooper, supported by Ervin, RESOLVED, to approve the Consent Agenda as amended: 1. To approve the minutes of the regular meeting of November 25, 2013, as presented. 2. G13-0393 Marcus Plaza, LLC – 33120 Ryan Road RESOLVED, to declare that a public nuisance exists on the property commonly known as 33120 Ryan Road and to direct the Code Official to abate the violations identified in the attached staff reports which give rise to this finding immediately. The Board also authorizes and approves the imposition of a lien against the property, in the amount of the cost of abatement incurred by the City, as permitted by the applicable city ordinance. 7. Public Hearings 8. Old Business a. G13-0375 Gronow, Howard – 35801 Mound Road Request for fence variance: asking Board approval to erect an 8’ commercial galvanized privacy chain link fence on the north property line. Howard Gronow, owner, was present. Mr. Gronow gave the Board samples of the slats. Mr. Cooper stated he does not see any issues with the fence and green is a good color for the fence. Mr. Pitrone stated the only hesitation that he has is the fence being eight feet high. Mr. Kazmer, business owner, stated he has the same fence on his business property. The fence is durable, non-fading, locks in place and looks uniform. Mr. Cooper stated that he does not have a problem with eight foot fencing on this property. Moved by Cooper, supported by Ervin, RESOLVED, to approve case G13-0375 at 35801 Mound Road with the following conditions: 1 – that the petitioner agrees to abide by and comply with all applicable rules and regulations and orders of every lawful agency or governing authority having jurisdiction, 2 – that the decision of the board will remain valid and in force only as long as the facts and information presented to the board in public hearing are found to be correct and that the conditions upon which the motion is based are maintained as presented to the board, 3 – the fence be installed according to the site plan that was provided to the Board, 4 – the slats conform to the samples that were presented. Yes: Cooper, DiGaetano, Ervin, Hartson, Pitrone No: None. Absent: None. Motion carried. 9. New Business a. G13-0389 Palaszewski, Chester & A. – 13749 Abbey Court Code Enforcement Officer, Paul Geiger, stated as of today there were no changes to the property. Pictures were shown at this time. Richard Palazewski, son of the owner, was present. Mr. Palaszewski stated that his parents are ill and he has not had time to clean the property. Mr. Palszewski stated he would put some stuff out to the garbage tonight. Mr. Pitrone stated that there is a lot of debris in the yard. Pick up the debris and put it in the garage or somewhere else but it cannot be stored outside. Mr. Cooper asked Mr. Palaszewski if he could have the property cleaned up by Friday December 13th. Mr. Palszewski said yes. He said he was told he could keep the snow blower outside. Mr. Geiger told him that nothing is allowed to be stored outside. Moved by Ervin, supported by Cooper, RESOLVED, to declare that a public nuisance exists on the property commonly known as 13749 Abbey Court and to direct the Code Official to abate the violations identified in the attached staff reports, which give rise to this finding after December 13, 2013. The Board also authorizes and approves the imposition of a lien against the property, in the amount of the cost of abatement incurred by the City, as permitted by the applicable city ordinance.  Yes: Cooper, DiGaetano, Ervin, Hartson, Pitrone No: None. Absent: None. Motion carried. 10. Public Participation - None 11. Adjournment Motion by Cooper, supported by Ervin to adjourn the meeting. Yes: All. Motion carried. The meeting was adjourned at 7:25 pm Respectfully submitted. John Pitrone, Chairman Joseph DiGaetano, Secretary Ordinance Board of Appeals Ordinance Board of Appeals