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 October 27, 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 – G14-0311, G14-312, G14-313, G14-314, G14-0317, G14-0319, G14-321 & G14-0322 4. Removal of Consent Items to New Business a. Moved item 12 to New Business 9a. G14-0320 Macarped, LLC /Current Owner–8051 Independence Drive b. Moved item 16 to New Business 9b. G14-0324 Kelly, James & Kathleen – 43765 Trillium 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 September 22, 2014, as presented. 2. G14-0310 Thornton, David – 3521 Franklin Park Drive RESOLVED, to declare that a public nuisance exists on the property commonly known as 3521 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. 3. G14-0315 Christenhusz, Gary & Lori – 13663 Riverwood Drive RESOLVED, to declare that a public nuisance exists on the property commonly known as 13663 Riverwood 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. G14-0316 Tuo Gip Properties – 33800 VanDyke RESOLVED, to declare that a public nuisance exists on the property commonly known as 33800 VanDyke 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. G14-0318 Benyamin, Faiz & Shakir, Hana – 5528 Nathan East RESOLVED, to declare that a public nuisance exists on the property commonly known as 5528 Nathan 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. 6. G14-0323 Shelton, April – 35372 Monza Court RESOLVED, to declare that a public nuisance exists on the property commonly known as 35372 Monza 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. Ordinance Board of Appeals October 27, 2014 Regular Meeting Page 2 7. Public Hearings a. G14-0307 Rogers, John Mills – 36189 Schoenherr Road Fence variance- asking Board approval to allow a 6’ wood privacy fence to be erected on the property line located on the front yard along Schoenherr Road. John Rogers, owner, was present. Mr. Rogers is proposing to put half a shadow box fence up in the front yard along Schoenherr Road. He is planning on keeping most of the pine trees. Mr. Cooper asked Mr. Rogers if he is continuing the fence to match his neighbor’s fence. Mr. Rogers stated, “Yes.” Mr. Cooper stated that he had no issues with approving this property. Mr. DiGaetano asked what a shadow box is. Mr. Cooper stated that a shadow box is a fence that is the same on both sides. Moved by Cooper, supported by DiGaetano, RESOLVED, to approve case G14-00307 at 36189 Schoenherr Road 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- tie the variance request to the plans that were presented to the Board and the fence must be a duplicate to the property to the north along Schoenherr Road. Yes: Cooper, DiGaetano, Ervin, Hartson, Pitrone No: None. Absent: None. Motion carried. b. G14-0309 Shank, David Lee & Alison K. – 14315 Brookings Drive Fence variance- asking Board approval to allow a 5’ metal non-sight obscuring fence to be erected on the property line located on the side yard along Avinger Street. David Shank, owner, was present. Mr. Shank stated that he lives on a corner lot and has an autistic child so he wants to extend the fence out. Mr. Cooper asked Mr. Shank if he will be moving the existing fence out and following the pool safety requirements for the fence. Mr. Shank stated, “Yes.” Mr. Cooper stated that he drove by the house and did not see any problems. He also stated that the properties are kept up and the street is beautiful. Mr. Cooper told Mr. Shank that he is glad that he is putting a nice quality fence up to keep the neighborhood looking nice. Mr. Pitrone agreed. Moved by Ervin, supported by Cooper, RESOLVED, to approve case G14-00309 at 14315 Brookings 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- tie the variance request to the plans that were presented to the Board. Yes: Cooper, DiGaetano, Ervin, Hartson, Pitrone No: None. Absent: None. Motion carried. 8. Old Business 9. New Business a. G14-0320 Macarped, LLC or Current Owner – 8051 Independence Drive Code Enforcement Officer, Paul Geiger, stated as of today there were no changes to the property. Pictures were shown at this time. Alvin Pidrochi, owner, was present. Mr. Pidrochi stated that they hired a contractor to do the painting. The glass is ordered and should be installed in about 4-6 weeks. They are remodeling the inside of the building and are working on fixing the monument sign. He has removed some of the landscaping issues and should have it done by this weekend. Mr. Cooper asked Mr. Pidrochi if he could get everything done in two weeks, with the exception of the glass. Mr. Geiger stated that the sign needs a new panel and can’t be fixed. Mr. Ervin asked Mr. Pidrochi how many tenant spaces he has and how many are occupied. Mr. Pidrochi stated that the building has four tenant spaces and three are occupied. Mr. Geiger went over the sign procedures and the landscaping issues that are left on the property. Ordinance Board of Appeals October 27, 2014 Regular Meeting Page 3 Moved by Cooper, supported by Hartson, RESOLVED, to declare that a public nuisance exists on the property commonly known as 8051 Independence Drive and to direct the Code Official to abate the violations identified in the attached staff reports, which give rise to this finding after November 10, 2014 for the painting and landscaping issues and after December 8, 2014 for the glass and sign repairs. 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. G14-0324 Kelly, James & Kathleen – 43765 Trillium Drive Code Enforcement Officer, Paul Geiger, stated as of today there were no changes to the property. Pictures were shown at this time. Jim Kelly, owner, was present. Mr. Kelly stated that he did not get the violation notices. He has a contract with a roofing company and the roof should be done in four to six weeks. Mr. Cooper asked Mr. Kelly if he could get the roof done in six weeks. Mr. Kelly said, “Yes.” Moved by Hartson, supported by Cooper, RESOLVED, to declare that a public nuisance exists on the property commonly known as 43765 Trillium Drive and to direct the Code Official to abate the violations identified in the attached staff reports, which give rise to this finding after December 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: Cooper, DiGaetano, Ervin, Hartson, Pitrone No: None. Absent: None. 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 7:42 pm Respectfully submitted. John Pitrone Joseph DiGaetano John Pitrone, Chairman Joseph DiGaetano, Secretary Ordinance Board of Appeals Ordinance Board of Appeals