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 December 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 – G14-0360, G14-0361, G14-0363, G14-0366, G14-0368, G14-0369 & G14-0370. 4. Removal of Consent Items to New Business a. Moved item 9 to New Business 9a. G14-0367 Bisumber, Jameel – 36331 Bagdad Drive 5. Approval of Agenda Motion by Hartson, supported by Ervin, 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 November 24, 2014, as presented. 2. G14-0362 Jacobi Housing LLC – 13947 Riverwood Drive RESOLVED, to declare that a public nuisance exists on the property commonly known as 13947 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. 3. G14-0364 Schoenherr Sterling Properties, LLC – 33430 Schoenherr Road RESOLVED, to declare that a public nuisance exists on the property commonly known as 33430 Schoenherr 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. 4. G14-0365 Red Run II LLC – 34843 Schoenherr Road RESOLVED, to declare that a public nuisance exists on the property commonly known as 34843 Schoenherr 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. 5. G14-0371 Shakir, Hana – 2121 Lindell Road RESOLVED, to declare that a public nuisance exists on the property commonly known as 2121 Lindell 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. 7. Public Hearings 8. Old Business 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. Ordinance Board of Appeals December 8, 2014 Regular Meeting Page 2 Thomas Krantz, owner, was present. Mr. Krantz stated that he did get a permit for the cyclone fence along time ago. Mr. Pitrone stated that this property has a cyclone fence that extends even with the middle of the street and runs along Seventeen Mile Road. Mr. Krantz stated that he will be putting in a vinyl fence from the backyard to the corner of house and replacing the cyclone fence. Ms. Gerstenberg stated that we did verify that a permit was pulled in 1967. Moved by Ervin, supported by DiGaetano, RESOLVED, to approve case G14-0325 at 38787 Monterey 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 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. Yes: DiGaetano, Ervin, Hartson, Pitrone No: None. Absent: Cooper. 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. Mr. Pitrone stated that at the last meeting the Board had an issue with the color of the fence and that the fence company applied for a permit, the permit was rejected and they put up the fence anyways. The brother of the owner was present. Richard Dethem and Nick Gonifer, from Anderson Installation, were present. Mr. Dethem asked Mr. Pitrone why the permit was not approved. Mr. Pitrone stated that a variance is needed to put a fence in a front yard set-back. Mr. Gonifer showed the Board a pie graph detailing the fence colors in Sterling Heights that they have installed. Mr. Ervin stated that if the fence permit was applied for the proper way and the fence was not installed, then they would not be here today. Mr. Pitrone stated that the Board doesn’t like to allow white vinyl fences. There is no ordinance that states a homeowner can’t have a white fence. Since a variance is needed the Board can dictate certain measures. Moved by DiGaetano, supported by Hartson, RESOLVED, to approve case G14-0350 at 13776 Carlisle 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 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. Yes: DiGaetano, Ervin, Hartson, Pitrone No: None. Absent: Cooper. Motion carried. 9. New Business a. G14-0367 Bisumber, Jameel – 36331 Bagdad Drive Code Enforcement Officer, Paul Geiger, stated as of today there were no changes to the property. Pictures were shown at this time. Ms. Bisumber, wife of owner, was present. Ms. Bisumber stated that they don’t have funds to get the tree down. A friend will be picking up the bricks during Christmas time. They need to find someone to cut the tree. Mr. Pitrone stated that the nuisance growth around the shed is a haven for rodents and there is also a complaint regarding rats. Mr. Pitrone asked Ms. Bisumber when she could have the garage painted, nuisance growth removed and the bricks removed. He also stated that the tree is rotted and needs to be taken down soon before it falls down. Ms. Bisumber stated that they will not have the funds for at least a month. Moved by DiGaetano, supported by Hartson, RESOLVED, to declare that a public nuisance exists on the property commonly known as 36331 Bagdad Drive and to direct the Code Official to abate the violations identified in the attached staff reports, according to the following; the bricks must be removed by December 22, 2014, the dead tree must be removed by January 15, 2015, the removal of the nuisance growth by December 15, 2015 and paint the garage by May 1, 2015. 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 December 8, 2014 Regular Meeting Page 3 Yes: DiGaetano, Ervin, Hartson, Pitrone No: None. Absent: Cooper. 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 7:34 pm Respectfully submitted. John Pitrone Joseph DiGaetano John Pitrone, Chairman Joseph DiGaetano, Secretary Ordinance Board of Appeals Ordinance Board of Appeals