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 June 9, 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 (absent), 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 – G14-0072, G14-0073, G14-0080 & G14-0083 4. Removal of Consent Items to New Business a. Moved item 5 to New Business 9a. G14-0070 Washburn, Michael & Sherry– 39643 Pinebrook b. Moved item 10 to New Business 9b. G14-0075 Streeter, Ruth – 8430 Tinkler Road c. Moved item 11 to New Business 9c. G14-0076 Bleecher Revocable Trust – 40341 Lafayette Drive d. Moved item 12 to New Business 9d. G14-0077 Yaxley, Tom & Shelly – 39044 Dodge Park Road e. Moved item 13 to New Business 9e. G14-0078 Walsh, James & Geraldine – 40586 Regency 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 May 12, 2014, as presented. 2. G14-0067 Lockwood Investment Co – 42373 Van Dyke RESOLVED, to declare that a public nuisance exists on the property commonly known as 42373 Van Dyke 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. G14-0068 D’anna, Giuseppe & Marianna– 7750 Metropolitan Parkway RESOLVED, to declare that a public nuisance exists on the property commonly known as 7750 Metropolitan Parkway 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. G14-0069 Jacobi Housing LLC – 3006 Belinda Drive RESOLVED, to declare that a public nuisance exists on the property commonly known as 3006 Belinda 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. G14-0071 Leach, William – 5738 Foss RESOLVED, to declare that a public nuisance exists on the property commonly known as 5738 Foss 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. Ordinance Board of Appeals June 9, 2014 Regular Meeting Page 2 6. G14-0074 Spears, Constance & Eric – 37382 Catherine Marie Drive RESOLVED, to declare that a public nuisance exists on the property commonly known as 37382 Catherine Marie 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. G14-0079 Hart, Frederick & Caliber Home Loans – 13828 Deepwood Court RESOLVED, to declare that a public nuisance exists on the property commonly known as 13828 Deepwood Court 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. G14-0081 JP Morgan Chase Bank, N.A. – 8782 Birkhill Drive RESOLVED, to declare that a public nuisance exists on the property commonly known as 8782 Birkhill 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. 9. G14-0082 Secretary of Veterans Affairs – 11837 Delvin Drive RESOLVED, to declare that a public nuisance exists on the property commonly known as 11837 Delvin 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. G14-0066 Vandenbulke Family Living Trust – 11971 Clinton River Road Request for a fence variance: asking Board approval to allow a non-obscuring fence in the front yard along Clinton River Road. A fence currently exists at this location. Stacey Sergetl, representative for the Vandenbulke family, was present. Ms. Sergetl stated that they want to remove the old cyclone fence that runs along the sidewalk in the front of the property and replace it with a new 4’ aluminum non-sight obscuring fence. The reason the family purchased this property was because of the front yard fence. Ms. Sergetl stated that this property meets several conditions to be able to apply for the variance. Mr. Cooper stated that there is no record of a permit or variance for the existing fence so the fence should have never been there. The fence that exists there now is nonconforming. Mr. Cooper asked Ms. Sergetl if they could put the fence back to the front yard set-back line instead of at the property line. Ms. Sergetl stated that the property has a septic tank that has to sit in front of the house and the child would not have a lot of room in the yard and also it would be encroaching. Mr. Pitrone stated that this Board has the ability to approve a variance and establish a setback. Mr. Pitrone stated that the Board would need to make an allowance regarding having enough room for emergency vehicles or non emergency vehicles to get off the road and to be able to stop prior to the fence. Ms. Sergetl stated that they would not be opposed to that. Mr. Cooper stated he agrees with Mr. Pitrone that we need some sort of a turn in for vehicles also it would be nice to see a new site plan of how this fence is going to look with it being setback. Ms. Sergetl illustrated to the Board the site plan she had given them. She stated that the health department has asked them to move the septic to the right side of driveway. The site plan showed that there will be landscaping behind the fence. Mr. Cooper asked Ms. Sergetl what she would purpose after listening to their comments about the fence. Ms. Sergetl stated that they could go back about 22 feet behind the landscaping. Mr. Cooper stated that he would like 25 feet setback for the fence and landscape features in front of the fence. She stated that they will hand in revised plans to the city for their permit. Moved by Cooper, supported by Hartson, RESOLVED, to approve case G14-0066 at 11971 Clinton River Road with the following conditions: 1- that the petitioner agrees to abide by and Ordinance Board of Appeals June 9, 2014 Regular Meeting Page 3 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- fence be set back 25 feet from front property line, 4- landscape features as referenced on plan dated 4-2-14, 5- the gate must slide or swing in, 6- fence will be a 4’ high aluminum flat top fence, 7- the fence follows the angle of front property line. 2. G14-0084 Nikollaj, Vilson & Lisa – 40115 Lexington Park Dr 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 Independence. Lisa Vilson, wife of owner, was present. Mr. Cooper stated that the issue he has with the fence is the sight obstruction from driveway to sidewalk. He seen a little girl on a bike riding down the sidewalk and if the fence was up the person pulling out of the driveway would have hit her. Mr. Cooper said he would be in favor of giving a variance if the fence was at an angle. Mr. Pitrone stated he felt the same way. Mr. Cooper showed the resident the drawing he fixed to indicate the 25 foot angle. Ms. Vilson agreed to put the fence on an angle. Moved by Cooper, supported by Ervin, RESOLVED, to approve case G14-0084 at 40115 Lexington Park Dr 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- at the intersection of driveway and sidewalk the fence must be angled 25’N of sidewalk and 25’ E of driveway. 8. Old Business 9. New Business a. G14-0070 Washburn, Michael & Sherry – 39643 Pinebrook Drive Code Enforcement Officer, Paul Geiger, stated as of today there were no changes to the property. Pictures were shown at this time. Michael Washburn, owner, was present. Mr. Washburn stated that he needs a new roof and is asking the Board for more time. Mr. Pitrone asked how much time he would need. Mr. Washburn stated thirty days. Mr. Cooper asked him if the Board gave him until July 9, 2014 could he get it done. Mr. Washburn replied that’s my plan. Moved by Ervin, supported by Hartson, RESOLVED, to declare that a public nuisance exists on the property commonly known as 39643 Pinebrook Drive and to direct the Code Official to abate the violations identified in the attached staff reports, which give rise to this finding after July 9, 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: DiGaetano. Motion carried. b. G14-0075 Streeter, Ruth – 8430 Tinkler Road Code Enforcement Officer, Paul Geiger, stated as of today there were no changes to the property. Pictures were shown at this time. Douglas Gillespie, son’s owner, was present. Mr. Gillespie stated that his mother whom is the owner of the property is deceased and he was not aware of the violations until a week ago. He has removed the shutters today and ordered new ones which will take about three weeks. He is fixing up the property to sell it. Mr. Cooper asked Mr. Gillespie if he could fix all the violations within four weeks. Mr. Gillespie stated yes. Ordinance Board of Appeals June 9, 2014 Regular Meeting Page 4 Moved by Hartson, supported by Cooper, RESOLVED, to declare that a public nuisance exists on the property commonly known as 8430 Tinkler Road and to direct the Code Official to abate the violations identified in the attached staff reports, which give rise to this finding after July 9, 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: DiGaetano. Motion carried. c. G14-0076 Bleecher Revocable Trust – 40341 Lafayette Drive Code Enforcement Officer, Paul Geiger, stated as of today there were no changes to the property. Pictures were shown at this time. Paul Bleecher, owner, was present. Mr. Bleecher stated that the weeds in the landscaping beds are an ongoing issue and he needs to spray weed killer on them. The vehicle does not run but has been moved. He was not aware of the side door but has been talking about getting a new one. Mr. Geiger stated that the vehicle must be registered. Mr. Cooper asked Mr. Bleecher how long he has owned the home. Mr. Bleecher stated 13 years. Mr. Cooper pointed out that this property has been in front of this Board the last two years and asked him why he has not contacted code enforcement about the violations. Mr. Bleecher stated that when he receives the notices he takes care of the violations but did not know to contact code enforcement. Mr. Cooper said he is not in favor of giving Mr. Bleecher until July 9th because the property has been in front of the Board for three years in a row. Mr. Pitrone stated that there is a fee now for being put on the Ordinance Board of Appeals. Moved by Ervin, supported by Hartson, RESOLVED, to declare that a public nuisance exists on the property commonly known as 40341 Lafayette 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 16, 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: DiGaetano. Motion carried. d. G14-0077 Yaxley, Tom & Shelly – 39044 Dodge Park Road Code Enforcement Officer, Paul Geiger, stated as of today there were some changes to the property. Christmas lights have been taken down but house address is in disrepair. Pictures were shown at this time. Tom Yaxley, owner, was present. Mr. Pitrone stated that he remembers having this property in front of the Board before regarding a retaining wall. Mr Yaxley stated that the pictures shown are incorrect and that he has correct pictures from today. Mr. Pitrone stated that the pictures might have been taken at different times of day today. Mr. Yaxley stated that he has been working on the house since he has bought it. He showed pictures of the berm back when he purchased the house several years ago. Mr. Pitrone stated that we don’t need to go through the history of the property. We are here to address the violations today. Mr. Yaxley stated that he does not know what the violations are. Mr. Yaxley showed the agenda that was mailed to him and stated that nowhere on the agenda does it state that it will cost $218 to come here today. Mr. Pitrone stated that it does not state on there that it is free either. Mr. Yaxley started to discuss a snow violation he received in the winter. Mr. Pitrone stated that we are here to discuss the violations today. Mr. Yaxley stated we are harassing him and started to discuss the snow violation again from the winter. Mr. Pitrone stated that is not what we are here for today we are here to discuss the violations today. Mr. Pitrone asked Mr. Yaxley if he is going to discuss the violations for today. Mr. Yaxley continued to talk about the snow violation from the winter. Mr. Pitrone told Mr. Yaxley that he may sit down and no longer has the floor. Mr. Pitrone asked the Board if they have any questions or comments. Mr. Cooper stated that the home owner clearly wants to discuss the history of the property not what is on the agenda for tonight. We do not have the power to go back in time and nor do we want to. Mr. Cooper Ordinance Board of Appeals June 9, 2014 Regular Meeting Page 5 discussed what the violations were regarding the property: illegal fence, junk vehicles, nuisance growth, address on home and the painting of the entire home. Mr. Pitrone told Mr. Yaxley several times to sit down and that he was out of order. Mr. Yaxley continued to speak. Mr. Pitrone told him to leave. Mr. Cooper stated for the record the homeowner appeared tonight and all he wanted to do was discuss the past and not the current issue. Normally homeowners will come in front of the Board with a plan of action and a time line. This homeowner did not have either all he wanted to do was talk about the past and not the present. Moved by Cooper, supported by Ervin, RESOLVED, to declare that a public nuisance exists on the property commonly known as 39044 Dodge Park 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: DiGaetano. Motion carried. e. G14-0078 Walsh, James & Geraldine – 40586 Regency Drive Code Enforcement Officer, Paul Geiger, stated as of today there were some changes to the property. Pictures were shown at this time. Geraldine Oriss, owner, and husband Mr. Oriss was present. Mr. Oriss did not know that grass in the concrete was not allowed. He stated it is hard to fix something when you don’t know it exists. Mr. Pitrone stated that the grass in concrete is covered by the nuisance growth ordinance. Mr. Pitrone stated that the deck looks like a safety issue and ordinances are passed for public safety reasons. Mr. Cooper went through the pictures and discussed what needs to be fixed on the property as of today. He asked Mr. Oriss if the Board gave him two weeks could he get it done. Mr. Oriss stated yes. Moved by Ervin, supported by Cooper, RESOLVED, to declare that a public nuisance exists on the property commonly known as 40586 Regency 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 23, 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: DiGaetano. Motion carried. 10. Public Participation 11. Adjournment Motion by Cooper, supported by Ervin to adjourn the meeting. Yes: All. Motion carried. The meeting was adjourned at 8:39 pm Respectfully submitted. John Pitrone, Chairman Joseph DiGaetano, Secretary Ordinance Board of Appeals Ordinance Board of Appeals