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 November 24, 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 (excused), 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 – G14-0352, G14-356 & G14-0358 b. A new ordinance has been put in effect as of October 13, 2014. On April 1, 2014 the Sterling Heights City Council adopted an amendment to our zoning ordinance 278 which regulates real estate signs, the temporary signs that are used to advertise for sale or for lease on commercial properties. Enforcement began on October 13, 2014. Prior to enforcement beginning, the real estate brokers were mailed letters advising them there have been amendments made to the existing ordinance. For now on the existing permanent ground sign must be used first if space is available before erecting a temporary real estate sign. A temporary real estate sign permit must be applied for and issued by the building department if there has never been a sign on the property previously. City council has waived all permit fees for the first two years of this program. If a temporary real estate sign is allowed specific construction materials and methods are required to be followed. Those construction requirements include: the sign must be made of ½ or thicker of high density ply wood with 4 by 4 pressure treated support posts, decorate post caps and supporting frame work must be painted a uniform color. The sign may not exceed 16 square feet. That is the maximum amount of square footage allowed. The code enforcement officers have been out enforcing this new ordinance as of October 13, 2014. The property owners that have not been in compliance have received notices that they need to remove the existing sign if they do not meet the ordinance. Under new business we have two items on the agenda for signs that are not in compliance and have not been removed to date, even though those owners have been notified that the sign must be removed. 4. Removal of Consent Items to New Business a. Moved item 4 to New Business 9a. G14-0353 Cunningham, Antoinette – 14921 Mill Creek Drive b. Moved item 6 to New Business 9b. G14-0355 Schmidt, James & Deborah – 36923 Gregory 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 October 27, 2014, as presented. 2. G14-0351 Rosen, Irving/Family Limited Partnership – 33856 Dequindre Road RESOLVED, to declare that a public nuisance exists on the property commonly known as 33856 Dequindre 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. G14-0354 Barksdale, Peggy/Ronnie/Valerie – 40519 Irval Drive RESOLVED, to declare that a public nuisance exists on the property commonly known as 40519 Irval 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 November 24, 2014 Regular Meeting Page 2 7. Public Hearings a. G14-0325 Krantz, Thomas M. – 38787 Monterey Drive Fence variance- asking Board approval to allow a 6’ vinyl privacy fence to be erected on the property line located on the side yard along Seventeen Mile Road. Thomas Krantz, owner, was present. Mr. Krantz stated that he wants to put a 6’ vinyl privacy fence up from his neighbors existing fence to the back of his house. Mr. Cooper asked Mr. Krantz what he is doing with the existing cyclone fence. Mr. Krantz stated that he is going to take the cyclone fence down and replace it. The fence will be vinyl and earth tone color. Mr. Ervin asked Mr. Krantz how long the cyclone fence has been up because the city does not allow fencing in the front yard set-back. Ms. Gerstenberg stated that the cyclone fence in the front yard is not allowed per ordinance. We can go back and see if a permit was pulled back in the sixties for the fence. If he is just repairing and replacing the fence and a permit was pulled then we will not get involved any further with it. Mr. Cooper explained to Mr. Krantz that it would be in his best interest to table this variance request and make sure a permit was pulled back in the sixties so he does not have to pay for a variance request twice. Moved by Cooper, supported by Ervin, to postpone case G14-00325 at 38787 Monterey Drive to the next regular scheduled meeting. Yes: All. Motion carried. b. G14-0350 Garner, Keith & Laura – 13776 Carlisle Drive Fence variance- asking Board approval to allow a 6’ vinyl privacy fence to be erected on the property line located on the side yard along Schoenherr Road. Robert Garner, brother of the owner, was present. Mr. Garner stated that the fence was put up last year by Home Depot. Mr. Cooper stated that he does not have a problem with the fence but he does have a problem with the color. Mr. Cooper stated that in the past there was a petitioner that changed the color of the fence to earth tone colors to appease the Board. He has no problem with the variance but he has a problem with the bright white. Mr. Cooper asked Mr. Garner if a variance is granted will the owners be willing to change the color. Mr. Garner stated that he can’t answer for the homeowners. Mr. Pitrone stated that the vinyl fence in white is stark white and sticks out. Mr. DiGaetano asked Mr. Garner if the homeowners are happy with the color. Mr. Garner said, “Yes.” Mr. DiGaetano stated that he does not think it is the Boards choice to dictate the color of the fence and he has no objection to the color. Mr. Cooper stated that he would be in favor of tabling this to our next scheduled meeting. Mr. Pitrone stated that the Board does have the right to give stipulations since the petitioner is asking for a variance. Mr. Ervin stated that they do not need a variance if the homeowners move the fence back to the appropriate setbacks. Moved by Cooper, supported by Ervin, to postpone case G14-00350 at 13776 Carlisle Drive to the next regular scheduled meeting. Yes: All. Motion carried. 8. Old Business 9. New Business a. G14-0357 MSB Investments, LLC – 44444 Mound Road Code Enforcement Officer, Paul Geiger, stated as of today the real estate sign was not in compliance with the new ordinance. Pictures were shown at this time. Moved by Ervin, supported by Cooper, RESOLVED, to declare that a public nuisance exists on the property commonly known as 44444 Mound 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, Pitrone No: None. Absent: Hartson. Motion carried. Ordinance Board of Appeals November 24, 2014 Regular Meeting Page 3 b. G14-0359 B & J Marlette, LLC – 8300 Riverland Drive Code Enforcement Officer, Paul Geiger, stated as of today the real estate sign was not in compliance with the new ordinance. Pictures were shown at this time. Moved by Cooper, supported by Ervin, RESOLVED, to declare that a public nuisance exists on the property commonly known as 8300 Riverland 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. Yes: Cooper, DiGaetano, Ervin, Pitrone No: None. Absent: Hartson. Motion carried. c. G14-0353 Cunningham, Antoinette – 14921 Mill Creek Drive Code Enforcement Officer, Paul Geiger, stated as of today there were some changes to the property. Pictures were shown at this time. Bill Cunningham, owner, was present. Mr. Cunningham stated that he was trying to fix the downspouts himself but his ladder is too short. He has made arrangements to get another ladder to fix the downspouts. Mr. Cooper stated that he would be in favor of giving him a week. Moved by Cooper, supported by Ervin, RESOLVED, to declare that a public nuisance exists on the property commonly known as 14921 Mill Creek 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 5, 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. d. G14-0355 Schmidt, James & Deborah – 36923 Gregory Drive Code Enforcement Officer, Paul Geiger, stated as of today there were no changes to the property and a large tree needs trimming also. Pictures were shown at this time. Deborah Schmidt, owner, was present. Ms. Schmidt stated that they are working on the fence. They tried fixing the fence their selves and now they found someone to do it for them. Ms. Schmidt is requesting time to complete the fence and tree by December 14th, 2014. The roof they can complete in the spring. Mr. Pitrone asked Mr. Geiger if the roof that is in disrepair is over the whole home or just over the overhang. Ms. Gerstenberg stated that in her conversation with the code enforcement officer, Bob Sergott, he stated that as of right now the overhang roof is in disrepair. The top portion of the roof will need replacement in the future. Mr. Cooper asked Ms. Schmidt if there is water in the pool. Ms. Schmidt stated that the liner is cut out and the water drains into the sand. Mr. Cooper stated that he had no objections to giving her until December 14, 2014 and until May 1, 2014 for the roof. Moved by DiGaetano, supported by Ervin, RESOLVED, to declare that a public nuisance exists on the property commonly known as 36923 Gregory 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 14, 2014 for the fence and the tree and May 1, 2014 for the roof. 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 a. Michael Hurst, owner of the property at address 33856 Dequindre Road. Mr. Hurst stated that he wanted to approach to clarify that he should have been here on time but he witnessed an accident. He stated that he will work closely with Mr. Geiger to correct the violations. b. Robert Garner, brother of the property owner at address 13776 Carlisle Drive. Mr. Garner asked why the initial permit was not approved. Mr. Pitrone stated because a fence is not allowed there Ordinance Board of Appeals November 24, 2014 Regular Meeting Page 4 without a variance. 11. Adjournment Motion by Cooper, supported by Ervin to adjourn the meeting. Yes: All. Motion carried. The meeting was adjourned at 8:05 pm Respectfully submitted. John Pitrone Joseph DiGaetano John Pitrone, Chairman Joseph DiGaetano, Secretary Ordinance Board of Appeals Ordinance Board of Appeals