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 March 24, 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 – G14-0031 & G14-0034 4. Removal of Consent Items to New Business a. Moved item 7 to New Business 9a. G14-0037 Cacaj, Vera – 34607 Koch Avenue 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 February 24, 2014, as presented. 2. G14-0033 Muczynski, Dorothy (Et al)/Trademark Prop of MI, LLC– 35689 Evanston Avenue RESOLVED, to declare that a public nuisance exists on the property commonly known as 35689 Evanston Avenue 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. G14-0035 Bank of America, N.A. – 38728 Arcola Drive RESOLVED, to declare that a public nuisance exists on the property commonly known as 38728 Arcola 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. 4. G14-0036 Lange, Shanelle/Federal National Mortgage Assoc. – 37052 Gregory Drive RESOLVED, to declare that a public nuisance exists on the property commonly known as 37052 Gregory 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. 7. Public Hearings a. G14-0030 Girard, Christopher & Lee Ann – 39925 Karola Drive Request for a fence variance: asking Board approval to allow a 6’ privacy fence to be erected on the property line located on the side yard along Alwardt Street. Christopher Girard, owner, was present. Mr. Girard stated that he lives on a corner lot and would like a variance to have his fence on his property line. Mr. Cooper asked Mr. Girard if he is replacing the existing fence. Mr. Girard stated no. He started building the fence and was told to obtain a permit. While he was waiting for the permit to be approved he completed the fence. Then he was told he needed a variance for the fence. At that time he did not have the money to apply for a variance. As time went on he forgot until a few months ago when he received a ticket. Mr. Girard went to court and was reminded that he must get a variance for his fence. The court has put the ticket on hold for forty-five days for him to get a variance and pull a permit. Mr. Cooper asked Mr. Girard what the driveway in the back corner is used for. Mr. Girard stated that it is used for a basketball court. Mr. Cooper asked Mr. Girard if he would be opposed to having the gate sealed off. Mr. Girard stated he would prefer not to seal the gate off. Mr. Pitrone stated that he would not want to grant this variance without some type of stipulation of parking cars back there. Mr. Ervin stated that this has been going on for a few years now and he would want a stipulation in the variance that either the gate be taken down or not used at all. Mr. Ervin asked Mr. Girard if he would be opposed to making the gate a solid piece. Mr. Girard stated that it would not be an issue to remove the hardware and make the gate a solid panel. Moved by Cooper, supported by Ervin, RESOLVED, to approve case G14-0030 at 39925 Karola Drive 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 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 existing gate at the concrete drive must be retrofitted to a solid panel. 8. Old Business 9. New Business a. G14-0037 Cacaj, Vera – 34607 Koch Avenue Code Enforcement Officer, Horst Hrinciuc, stated as of today there were no changes to the property. Pictures were shown at this time. Vera Cacaj, owner, was present. Ms. Cacaj stated that she needs more time to turn the fence around due to the weather conditions. Mr. Pitrone stated that the fence is not in good enough condition to handle it and turn it around. He asked if Ms. Cacaj is going to replace the fence. Ms. Cacaj stated that she was not planning on it because it is too costly. Mr. Ervin asked Ms. Cacaj if she has a pool. Ms. Cacaj stated she does not. Mr. Ervin suggested that she may remove the old fence and then replace it at a later date when she can afford it if she chooses to. Mr. Cooper asked how much time she needs. Ms. Cacaj said a few weeks. Mr. Pitrone stated that in the future, if she decides to replace the fence she must pull a permit. Moved by Cooper, supported by Hartson, RESOLVED, to declare that a public nuisance exists on the property commonly known as 34607 Koch Avenue and to direct the Code Official to abate the violations identified in the attached staff reports, which give rise to this finding after May 15, 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 Ervin to adjourn the meeting. Yes: All. Motion carried. The meeting was adjourned at 7:34 pm Respectfully submitted. John Pitrone, Chairman Joseph DiGaetano, Secretary Ordinance Board of Appeals Ordinance Board of Appeals