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 April 28, 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, 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 – G14-0041 & G14-0046 4. Removal of Consent Items to New Business 1. Moved item 9 to New Business 9a. G14-0048 Draucker, William J. – 35473 Mound Road Mound-Macomb Associates, LLC – 35445 Mound Road 5. Approval of Agenda Motion by Cooper, supported by Ervin, to approve agenda Yes: All. Motion carried. 6. Consent Agenda 1. Moved by Cooper, supported by Ervin, RESOLVED, to approve the Consent Agenda as amended: To approve the minutes of the regular meeting of March 24, 2014, as presented. 2. G14-0042 Sherwood Inv. Co, LLC c/o Adams Associates– 4155 Fourteen Mile Road RESOLVED, to declare that a public nuisance exists on the property commonly known as 4155 Fourteen Mile 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.  3. G14-0043 Wilson, Alaina – 33140 Mc Coy Drive RESOLVED, to declare that a public nuisance exists on the property commonly known as 33140 Mc Coy 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. G14-0044 Deminico, Mathew&Christy/Secretary of Housing&Urban Dev. – 5124 Northlawn Drive RESOLVED, to declare that a public nuisance exists on the property commonly known as 5124 Northlawn 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. 5. G14-0045 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. 6. G14-0047 JP Morgan Chase Bank, N.A. – 8324 San Marco Blvd RESOLVED, to declare that a public nuisance exists on the property commonly known as 8324 San Marco Blvd 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 9. New Business a. G14-0048 Draucker, William J. – 35473 Mound Road Mound-Macomb Associates, LLC – 35445 Mound Road Code Enforcement Officer, Paul Geiger stated as of today there were no changes to the property. Pictures were shown at this time. William Draucker, owner of property address 35473 Mound Road, was present. Mr. Draucker stated that he has lived at his property since 1960 and the fence that is in disrepair is not his fence and was put up by the previous owners years ago. Mr. Cooper asked Mr. Draucker whose property the fence is laying on. Mr. Draucker stated that the fence is laying on the other property. The wood fence was put up many years ago and then the metal posts were put up to help hold the fence up. The new owner of the property had the buildings and some trees taking down on the property and started taking down the metal posts which made the fence collapse. Mr. Cooper asked how long the fence is and does the whole fence need to be taken down. Mr. Draucker said the property is 600 feet deep and the whole fence is in bad shape.  Mr. Cooper asked Ms. Gerstenburg if there is a development plan for this property on file. Ms. Gerstenburg stated she is not aware of anything being submitted as of yet. Mr. Cooper stated that the new owner of the property probably has a survey of the property and if this fence did not belong to him he would be here with the survey. Mr. Pitrone stated that the owner of the property at 35445 Mound Road is well aware of real estate, boundaries and surveys and this is not anything new to him. Mr. Pitrone stated that this gentleman here seems to be very credible and he believes him, although he could be wrong, he showed up here and he believes this is not his fence. The other property owner did not show up here today. The other property owners’ trees fell on the fence and crushed it in two different areas. This fence is beyond repair. Mr. Pitrone stated that it seems that Mr. Draucker does not own this fence, although the Board does not have a survey, it seems that the neighbor owns the fence. The bill needs to go to the property owner that did not show up today. So unless someone produces a survey stating differently, Mr. Pitrone believes that Mr. Draucker is not the owner of the fence. Moved by Cooper, supported by Hartson, RESOLVED, to declare that a public nuisance exists on the property commonly known as 35445 Mound 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. Yes: Cooper, DiGaetano, Ervin, Hartson, Pitrone No: None. Absent: None. Motion carried. 10. Public Participation - None 11. Adjournment Motion by Ervin, supported by Hartsen to adjourn the meeting. Yes: All. Motion carried. The meeting was adjourned at 7:24 pm Respectfully submitted. John Pitrone, Chairman Joseph DiGaetano, Secretary Ordinance Board of Appeals Ordinance Board of Appeals