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 23, 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, Pat Willis - 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 – G14-0095, G14-0097, G14-0099, G14-0102 & G14-0103 4. Removal of Consent Items to New Business a. Moved item 5 to New Business 9a. G14-0098 Kesto, Angela – 11203 Mandale Drive b. Moved item 8 to New Business 9b. G14-0101 Hooven, David – 5453 Gardner East c. Moved item 11 to New Business 9c. G14-0104 Joh, Young S. (Trustee) –4043 Seventeen Mile Rd d. Moved item 12 to New Business 9d. G14-0105 Schroeter, Rolf M. – 9004 Birkhill 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 June 9, 2014, as presented. 2. G14-0096 Sadik, Safije & Christiana Trust c/o Ocwen Loan Servicing LLC– 2987 Lotus Drive RESOLVED, to declare that a public nuisance exists on the property commonly known as 2987 Lotus 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. G14-0100 Peterson, Jason & Kari– 4959 Vista Court RESOLVED, to declare that a public nuisance exists on the property commonly known as 4959 Vista 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. 4. G14-0106 Bank of America, N.A. – 44780 Duffield Ave RESOLVED, to declare that a public nuisance exists on the property commonly known as 44780 Duffield Ave 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. G14-0107 Ocwen Loan Servicing, LLC – 43569 Sunnypoint Drive RESOLVED, to declare that a public nuisance exists on the property commonly known as 43569 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. Ordinance Board of Appeals June 23, 2014 Regular Meeting Page 2 7. Public Hearings a. G14-0108 Abernathy, Gary J. Jr. & Amanda – 33884 Kennedy Dr Fence variance- asking Board approval to allow a 6’ wood privacy fence 18” from the property line on the side yard along Bieber Street. This fence will replace the existing cyclone fence. Gary Abernathy, owner, was present. Mr. Abernathy stated that he lives on a corner lot and he wants to replace the existing cyclone fence with a privacy fence because they have small kids and dogs and they want to keep the noise down. Mr. Cooper stated that he went by the property and he did not see an issue with putting a privacy fence up. He has no concerns with the sight lines. Mr. Pitrone agreed. Mr. Cooper stated that Mr. Abernathy gave the Board a nice presentation and he did a good job. Moved by Cooper, supported by Hartson, RESOLVED, to approve case G14-0108 at 33884 Kennedy 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. 8. Old Business 9. New Business a. G14-0098 Kesto, Angela – 11203 Mandale Drive Code Enforcement Officer, Pat Willis, stated as of today there were some changes to the property. Pictures were shown at this time. Angela Kesto, owner, was present. Ms. Kesto stated that this property is a rental property and she has cleaned everything up. Mr. Cooper asked Mr. Willis what violations were left on the property. Mr. Willis stated that the dead tree trunk in backyard is still in violation. Ms. Kesto did not know what tree they were referring to. The pictures were shown again. Ms. Kesto stated that she will remove the tree trunk in about a week. Mr. Cooper stated that this property is listed as 100% homestead tax exemption but should be 0% homestead if it is being rented out. Mr. Cooper asked Ms. Gerstenberg to check with assessing. Moved by Hartson, supported by Cooper, RESOLVED, to declare that a public nuisance exists on the property commonly known as 11203 Mandale 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 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. b. G14-0101 Hooven, David – 5453 Gardner East Code Enforcement Officer, Pat Willis, stated as of today there were no changes to the property and additional violations were added: 4) fence in disrepair and 5) tree needs to be removed. Pictures were shown at this time. David Hooven, owner, was present. Mr. Hooven stated that the fence and tree are not on his property and the rock in the front is the divider of the property. He also stated that DTE will be coming out to trim the trees back. He wants to remove all the trees because they are in the way of his sump line. He was told to get a plot plan to find the property lines. Mr. Hooven stated he could have the tree stump removed in about a week. Mr. Pitrone stated that he needs to find out precisely where the property line is, and the Christmas lights and sump line have not been addressed yet. Mr. Cooper stated that a rock is not a way to identify a property line. Mr. Cooper asked Mr. Hooven to explain how the sump line works. Mr. Hooven stated that when the area floods it pushes the water to the front. Mr. Cooper asked who installed it and when. Mr. Hooven stated that he installed it about a year ago. Mr. Cooper asked Mr. Hooven to explain how it’s constructed and how it was built. Mr. Hooven stated that he put in weed tiled tubes which lead to the sump and drainage goes into the sump and it pumps it to the front. Ordinance Board of Appeals June 23, 2014 Regular Meeting Page 3 Mr. Cooper asked him if he pulled an electrical permit. Mr. Hooven stated that the fellow that did it for him might have. Mr. Cooper asked him if he has a plumbing permit for what he did. Mr. Hooven stated no. Mr. Cooper stated that this is an illegal installation with no permits. Mr. Hooven stated that this is not listed in the complaints tonight. Mr. Cooper stated that it is all part of the same thing. Mr. Cooper stated that he believes that this is an illegal hook up and it should be discussed with engineering. Mr. Pitrone asked if anyone in the audience was here to speak. Jacquelyn Knoll, neighbor, was present. She stated that she is the neighbor on the fence line. When the winter thaw came there was a 20 foot fountain streaming out, which flooded her yard and garage. She showed the Board pictures. She stated that she is here today to get this problem fixed. Mr. Cooper stated that the pictures show why the City would not allow this; it needs to drain properly. Mr. Ervin asked Mr. Hooven what the purpose was of discharging onto the neighbors’ property instead of his own. Mr. Hooven stated it is discharging on the easement. Mr. Ervin stated that the easement is divided by the property line and the homeowner must maintain their part of the property regardless if there is an easement or not and there is no reason to discharge onto the neighbor’s property. Moved by Cooper, supported by Ervin, RESOLVED, to declare that a public nuisance exists on the property commonly known as 5453 Gardner East 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. c. G14-0104 Joh, Young S. (Trustee) – 4043 Seventeen Mile Road Code Enforcement Officer, Pat Willis, stated as of today there were some changes to the property. Pictures were shown at this time. Joh Young, owner, was present. Ms. Young stated that the parking blocks are being replaced today. The letters did not mention weeds and she did not know about the dumpster area but she has it emptied once a week. Mr. Pitrone stated that it is common that dumpster areas become dirty and they need to be cleaned. Mr. Cooper stated that the grease dumpster is the biggest problem and this is the property owners’ responsibility. Mr. Cooper suggested that she have the area power washed but first move the dumpster and grease dumpster out. Mr. Cooper asked her if she could get this done in the next few days. Ms. Young stated she will tell the restaurant to do it. Mr. Cooper reminded her that she is the property owner and therefore she is responsible for the property. Moved by Ervin, supported by Cooper, RESOLVED, to declare that a public nuisance exists on the property commonly known as 4043 Seventeen Mile Road and to direct the Code Official to abate the violations identified in the attached staff reports, which give rise to this finding after June 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. d. G14-0105 Schroeter, Rolf M. – 9004 Birkhill Drive Code Enforcement Officer, Pat Willis, stated as of today there were some changes to the property. Pictures were shown at this time. Rolf Schroeter, owner, was present. Mr. Schroeter stated that he fixed the wood and all the cars are plated and running now. He bought this home from his mom. He thought that the awning, which was built in 1987, was grandfathered in. He said in 2005 code enforcement came out regarding the awning and they said they had no problem with it. Mr. Schroeter stated that if this is in violation then he wants to do whatever is necessary to make it code compliant. He would like to keep the awning and bring it up to code. Mr. Cooper stated that the only issue is the Ordinance Board of Appeals June 23, 2014 Regular Meeting Page 4 awning in the back now. He stated that he is glad that Mr. Shroeter wants to comply with the ordinances. Mr. Cooper asked Mr. Shroeter if he could get the application in for a permit within two weeks and then the Board could table this until August. He stated, “Yes.” Mr. Ervin stated that the property looked very unacceptable and he understands why the neighbor called. You need to put more emphasis on the property maintenance of your property. Moved by Cooper, supported by Ervin, for this item to be tabled until August 11, 2014. When it comes back on August 11, 2014 one of the conditions is that a building permit must be applied for by July 14, 2014. On July 14, 2014 Ms. Gerstenberg can give us a status on the building permit. On August 11, 2014 we could take more appropriate action. Yes: Cooper, DiGaetano, Ervin, Hartson, Pitrone No: None. Absent: None. Motion carried. 10. Public Participation 11. Adjournment Motion by Ervin, supported by Hartson to adjourn the meeting. Yes: All. Motion carried. The meeting was adjourned at 8:13 pm Respectfully submitted. John Pitrone Joseph DiGaetano John Pitrone, Chairman Joseph DiGaetano, Secretary Ordinance Board of Appeals Ordinance Board of Appeals