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 January 27, 2014 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, Joeseph DiGaetano - Secretary, Robert Ervin, Jennifer Hartson, Denice Gerstenberg - City Development Manager, Horst Hrinciuc – 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 – G14-0016 4. Removal of Consent Items to New Business a. Moved item 2 to New Business 9a. G14-0011 Prenkocevic, Vaso – 12217 Chevelle Drive b. Moved item 3 to New Business 9b. G14-0012 Innovation First, Inc. – 39556 Utica Road c. Moved item 6 to New Business 9c. G14-0015 Jaeger, Philip & Wanda – 3520 Del Monte Drive 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 December 9, 2013, as presented. 2. G14-0013 Gorzelski, Kimberly Ann/ Federal Home Loan Mtg. Corp. – 4950 Windham Drive RESOLVED, to declare that a public nuisance exists on the property commonly known as 4950 Windham Drive 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. 3. G14-0014 Cook, Jason & Peterson, Corey – 37143 Barrington Drive RESOLVED, to declare that a public nuisance exists on the property commonly known as 37143 Barrington Drive 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 a. G14-0010 Ramotowski, Christopher – 4185 Eighteen _ Mile Request for a sidewalk variance: asking Board approval not to have a sidewalk along Eighteen _ Mile Road. Christopher Ramotowski, owner, was present. Mr. Ramotowski stated that he is building a new house that he will be living in at property address 4185 Eighteen _ Mile Road and is requesting not to have a sidewalk along Eighteen _ Mile Road because no one has sidewalks on that side of the road. Mr. Ramotowski showed the Board pictures of Eighteen _ Mile Road with no sidewalks. Mr. Cooper stated that he wants to make it clear to Mr. Ramotowski that if the city deems it necessary for any road improvements or to have a sidewalk then he must install a sidewalk promptly at his cost. Mr. Ramotowski stated that he understood. Moved by Cooper, supported by Hartson, RESOLVED, to approve case G14-0010 at 4185 Eighteen _ Mile 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 petitioner requires that the owner of the property agree that if and when the City deems it necessary to require the installation of subject concrete work, the owner of the property will install the required concrete work promptly at his own expense or will be subject to a special assessment in an amount sufficient to cover the cost of such installation by the City. Yes: Cooper, DiGaetano, Ervin, Hartson, Pitrone No: None. Absent: None. Motion carried. 8. Old Business 9. New Business a. G14-0011 Prenkocevic, Vaso – 12217 Chevelle Drive Code Enforcement Officer, Horst Hrinciuc, stated as of today there were some changes to the property but no contact from the owner until January 21, 2014. Pictures were shown at this time. Vaso Prenkocevic, owner, was present. Mr. Prenkocevic stated that he was gone for a month and a half. He bought a house in Clinton Township and is very busy working at his new property. He needs time to clean up this property. Mr. Pitrone stated that the debris in the yard needs to be cleaned up and cannot stay in the yard. Mr. Cooper stated that the backup information states that this property has repeat offenses. He sees no reason to give extra time to clean up the property. Moved by Ervin, supported by Cooper, RESOLVED, to declare that a public nuisance exists on the property commonly known as 12217 Chevelle Drive 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. Yes: Cooper, DiGaetano, Ervin, Hartson, Pitrone No: None. Absent: None. Motion carried. b. G14-0012 Innovation First, Inc. – 39556 Utica Road Code Enforcement Officer, Horst Hrinciuc, stated as of today there were some changes to the property. Pictures were shown at this time. Andy Beech, whom resides in the property, was present to represent the owner. Mr. Beech stated the he has been cleaning up the property. He showed pictures to the Board. Mr. Beech asked for a time extension for painting the home. Mr. Cooper stated that this property has no past history. Mr. Cooper asked him if he could have the painting done by April. Mr. Beech stated yes. Moved by Cooper, supported by Hartson, RESOLVED, to declare that a public nuisance exists on the property commonly known as 39556 Utica Road and to direct the Code Official to abate the violations identified in the attached staff reports, which give rise to this finding immediately, except for the painting of the home after April 30, 2014. 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. c. G14-0015 Jaeger, Philip & Wanda – 3520 Del Monte Drive Code Enforcement Officer, Horst Hrinciuc, stated as of today there were no changes to the property. Pictures were shown at this time. Philip Jaeger, owner, was present. Mr. Jaeger stated he has had several violations this past summer that he has cleaned up. Mr. Cooper asked Mr. Jaeger if he could have the property cleaned up by April. Mr. Jaeger stated yes. Moved by Ervin, supported by Cooper, RESOLVED, to declare that a public nuisance exists on the property commonly known as 3520 Del Monte Drive and to direct the Code Official to abate the violations identified in the attached staff reports which give rise to this finding after April 1, 2014. 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 Hartson to adjourn the meeting. Yes: All. Motion carried. The meeting was adjourned at 7:37 pm Respectfully submitted. John Pitrone, Chairman Joseph DiGaetano, Secretary Ordinance Board of Appeals Ordinance Board of Appeals