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 May 12, 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 (absent), 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 – G14-0049, G14-0051, G14-0054 & G14-0055 4. Removal of Consent Items to New Business 1. Moved item 8 to New Business 9a. G14-0056 Davis, Ruth Ellen – 8812 Essen Dr 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: 4. To approve the minutes of the regular meeting of April 28, 2014, as presented. 5. G14-0052 Edwards, John – 37116 Alper Drive RESOLVED, to declare that a public nuisance exists on the property commonly known as 37116 Alper 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. 6. G14-0053 Perry, Dale/HSBC Bank USA – 39844 Parklawn Drive RESOLVED, to declare that a public nuisance exists on the property commonly known as 39844 Parklawn 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. G14-0057 Fannie Mae – 14443 Lakeshore Drive RESOLVED, to declare that a public nuisance exists on the property commonly known as 14443 Lakeshore 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. 8. G14-0058 Flagstar Bank – 43538 Sunnypoint Drive RESOLVED, to declare that a public nuisance exists on the property commonly known as 43538 Sunnypoint 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 1. G14-0059 James, Kevin J. II – 12020 Monsbrook Drive Request for a fence variance: asking Board approval to allow a 6’ wood privacy fence to be erected on the property line located on the side yard along Monterey Drive. Ordinance Board of Appeals May 12, 2014 Regular Meeting Page 2 Kevin James, owner, and Vickie James, mother, were present. Ms. James informed the Board that they applied for a 6’ wood privacy fence to replace the existing cyclone fence. Mr. Cooper asked Mr. James about the hedges that have been removed and the cyclone fence. Mr. Cooper stated that he did not see any problems with granting the variance for the privacy fence. Moved by Cooper, supported by DiaGaetano, RESOLVED, to approve case G14-0059 at 12020 Monsbrook 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 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 notion is based are maintained as presented to the Board. Yes: Cooper, DiGaetano, Ervin, Pitrone No: None. Absent: Hartson. Motion carried. 8. Old Business 9. New Business 1. G14-0056 Davis, Ruth Ellen – 8812 Essen Drive Code Enforcement Officer, Paul Geiger stated as of today there were some changes to the property. Pictures were shown at this time. Ruth Davis, owner, was present. Ms. Davis stated that in the past a complaint was filed about the brick storage and the code enforcement office at that time was satisfied with the brick storage. Due to weather Ms. Davis was not able to paint. She stated that she doesn’t understand the violations against her. Mr. Pitrone stated that the bricks are just moved and stacked nicely around the yard. The ordinance does not allow any storage of bricks in the yard. Mr. Cooper stated that the bricks need to be removed and a new shutter put up. The house is well maintained. Mr. Cooper asked Ms. Davis if she could fix the violations within the next weeks. Ms. Davis stated it has always been her intention to fix the violations. Moved by Ervin, supported by Cooper, RESOLVED, to declare that a public nuisance exists on the property commonly known as 8812 Essen Drive and to direct the Code Official to abate the violations identified in the attached staff reports, which give rise to this finding after June 2, 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, Pitrone No: None. Absent: Hartson. 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 7:36 pm Respectfully submitted. John Pitrone, Chairman Joseph DiGaetano, Secretary Ordinance Board of Appeals Ordinance Board of Appeals