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 September 8, 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 (excused), 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 – G14-0230, G14-232, G14-234, G14-236 & G14-0244 4. Removal of Consent Items to New Business a. Moved item 13 to New Business 9a. G14-0238 Safiedine Mound, LLC – 40970 Mound Road b. Moved item 16 to New Business 9b. G14-0241 Smythe, Jeffery A. – 39797 Utica Road c. Moved item 20 to New Business 9c. G14-0245 Foster, L.D. Ommer – 11463 Diamond Drive 5. Approval of Agenda Motion by Ervin, supported by Hartson, to approve agenda Yes: All. Motion carried. 6. Consent Agenda Moved by Ervin, supported by Hartson, RESOLVED, to approve the Consent Agenda as amended: 1. To approve the minutes of the regular meeting of August 25, 2014, as presented. 2. G14-0227 Hapani, Vipul G. – 3047 Fourteen Mile Road RESOLVED, to declare that a public nuisance exists on the property commonly known as 3047 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. G14-0228 Jacobi Housing LLC – 3057 Albany Drive RESOLVED, to declare that a public nuisance exists on the property commonly known as 3057 Albany 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. G14-0229 Nouri, Labeed & Btros, Rouwaida – 3142 Albany Drive RESOLVED, to declare that a public nuisance exists on the property commonly known as 3142 Albany 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. G14-0231 Liz, LLC – 2609 Metropolitan Parkway RESOLVED, to declare that a public nuisance exists on the property commonly known as 2609 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. Ordinance Board of Appeals September 8, 2014 Regular Meeting Page 2 6. G14-0233 Jones, Peggy – 33666 Groth Drive RESOLVED, to declare that a public nuisance exists on the property commonly known as 33666 Groth 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. G14-0235 Tayah, Crystal Ann – 14800 Nineteen Mile Road RESOLVED, to declare that a public nuisance exists on the property commonly known as 14800 Nineteen 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. 8. G14-0237 Paraventi, Richard – 4617 Franklin Park Drive RESOLVED, to declare that a public nuisance exists on the property commonly known as 4617 Franklin Park 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. G14-0239 HSBC Bank USA c/o Ocwen Loan Servicing, LLC – 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. 10. G14-0240 JP Morgan Chase Bank – 40201 Regency Drive RESOLVED, to declare that a public nuisance exists on the property commonly known as 40201 Regency 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. 11. G14-0242 Elias, Akhnoukh S. – 4663 Chadbourne Drive RESOLVED, to declare that a public nuisance exists on the property commonly known as 4663 Chadbourne 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. 12. G14-0243 Elia, Arkon & Chinasigari, Sekhar – 35515 Marina Drive RESOLVED, to declare that a public nuisance exists on the property commonly known as 35515 Marina 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. G14-0226 Allam, Stacey – 38419 Arlingdale Drive 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 Jonathan Drive. This fence will replace the existing cyclone fence. Stacey Allam, owner, was present. Ms. Allam stated that they live on a corner lot and would like a privacy fence. Mr. Allam stated that he originally made his plot plan with eight foot angles on each side. He was told that would not work. He changed his plot plan to reflect a twenty five foot angle on each side. Mr. Allam is hoping that the twenty five foot angles can be brought down a little bit. Mr. Ervin stated he would be in favor of a twenty five foot angle because of sight restrictions. Mr. Pitrone stated that a twenty five foot angle is a good clearing because when cars back up they should be able to see a child walking or riding a bike. Since the Ordinance Board of Appeals September 8, 2014 Regular Meeting Page 3 neighbors’ driveway has a ten foot clearance. It could be possible to put less of an angle in on the neighbors’ side. Mr. Pitrone recommended moving the fence back to the edge of the chimney so there would be less of an angle. Mr. DiGaetano asked the homeowner if he prefers to move the fence back to the chimney on the side of his driveway. Mr. Allam said, “Yes.” Mr. Ervin asked Mr. Allam if reducing the angles on each side to a fifteen foot angle and bringing the fence back to the chimney on the one side is acceptable. Mr. Allam said, “Yes.” Moved by Ervin, supported by DiGaetano, RESOLVED, to approve case G14-0226 at 38419 Arlingdale 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 motion is based are maintained as presented to the Board, 3- the fence must be moved to the edge of the chimney with a clearance angle on each side of fifteen feet. 8. Old Business a. G14-0105 Schroeter, Rolf M. – 9004 Birkhill Drive Ms. Gerstenberg gave the Board an update on this property. Ms. Gerstenberg stated that Mr. Schroeter has applied for a building permit and it has been approved by the building department. Mr. Schroeter has paid for and picked up the building permit. b. G14-0132 Shakir, Hana – 2121 Lindell Road Ms. Gerstenberg gave the Board an update on this property. Ms. Gerstenberg stated that most of the ten foot perimeter has been cleared. There is one tree left in the front yard that the contractor put poison on to get rid of the poison ivy. The property owner was required to get an asbestos test done before the house could be demolished. Ms. Gerstenberg has been in contact with the asbestos testing company. The report has been completed. The next step is the appropriate government offices need to be notified of the results of the asbestos report. There is a ten business day waiting period now before the demolition can begin. There are two dumpsters on the property waiting for the clearance to go ahead. 9. New Business a. G14-0238 Safiedine Mound, LLC – 40970 Mound Road Code Enforcement Officer, Paul Geiger, stated as of today there were some changes to the property. Pictures were shown at this time. Tony Kato, employee of company, was present. Mr. Geiger explained to Mr. Kato exactly what still needs to be cleaned up on the property. The brown and green vegetation along the fence needs to be cleaned out. The dumpster area should be cleaned up every day and the brush along the dumpster needs to be cleaned up. Items on three sides of a building are not allowed. Mr. Pitrone stated that there is not much to finish on this property. Mr. Kato stated he could have it cleaned up by the end of the week. Moved by Hartson, supported by Ervin, RESOLVED, to declare that a public nuisance exists on the property commonly known as 40970 Mound Road and to direct the Code Official to abate the violations identified in the attached staff reports, which give rise to this finding after September 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: DiGaetano, Ervin, Hartson, Pitrone No: None. Absent: Cooper. Motion carried. b. G14-0241 Smythe, Jeffery A. – 39797 Utica Road Code Enforcement Officer, Paul Geiger, stated as of today there were no changes to the property. Mr. Geiger stated that a garage permit was pulled in 2006 with the condition that a continuous driveway to the garage must be installed. Pictures were shown at this time. Jeffery Smythe, owner, was present. Mr. Smythe stated that he owns a cement company and paving his driveway will not be a problem. He wants more time because he plans on tapping Ordinance Board of Appeals September 8, 2014 Regular Meeting Page 4 into the storm drain to fix his drainage problem before he paves his driveway, but he is having problems with the insurance coverage. Mr. Smythe stated that he will fix the problem but he needs more time. Mr. Pitrone stated that Mr. Smythe put up a garage in 2006 and the condition was to put in a driveway leading to the garage and that was never done. Moved by DiGaetano, supported by Ervin, RESOLVED, to declare that a public nuisance exists on the property commonly known as 39797 Utica Road and to direct the Code Official to abate the violations identified in the attached staff reports, which give rise to this finding after October 10, 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: DiGaetano, Ervin, Hartson, Pitrone No: None. Absent: Cooper. Motion carried. c. G14-0245 Foster, L.D. Ommer – 11463 Diamond Drive Code Enforcement Officer, Paul Geiger, stated as of today there were some changes to the property. Pictures were shown at this time. Ommer Foster, owner, was not present. The grandson was present. He stated that he works sixty hours a week and needs some time to complete the work on the property. Mr. Pitrone asked him if he could have it completed in one week. He stated, “Yes.” Moved by Ervin, supported by Hartson, RESOLVED, to declare that a public nuisance exists on the property commonly known as 11463 Diamond Drive and to direct the Code Official to abate the violations identified in the attached staff reports, which give rise to this finding after September 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: DiGaetano, Ervin, Hartson, Pitrone No: None. Absent: Cooper. Motion carried. 8. Public Participation 11. Adjournment Motion by Ervin, supported by Hartson to adjourn the meeting. Yes: All. Motion carried. The meeting was adjourned at 7:50 pm Respectfully submitted. John Pitrone Joseph DiGaetano John Pitrone, Chairman Joseph DiGaetano, Secretary Ordinance Board of Appeals Ordinance Board of Appeals