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 January 26, 2015 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 – G15-0001 4. Removal of Consent Items to New Business a. Moved item 4 to New Business 9a. G15-0003 BMRS Property, LLC – 33100 Schoenherr Road 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 December 8, 2014, as presented. 2. G15-0002 Bazi, Emad – 3149 Lancaster Drive RESOLVED, to declare that a public nuisance exists on the property commonly known as 3149 Lancaster 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. G15-0004 D’Agostini Land Company, LLC – 34204 Van Dyke RESOLVED, to declare that a public nuisance exists on the property commonly known as 34204 Van Dyke 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. G15-0005 Bank of New York Mellon – 39846 Karola Drive RESOLVED, to declare that a public nuisance exists on the property commonly known as 39846 Karola 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 8. Old Business 9. New Business a. G15-0003 BMRS Property, LLC – 33100 Schoenherr Road Code Enforcement Officer, Paul Geiger, stated as of today there were no changes to the property. Pictures were shown at this time. John Bologna, owner, was present. Mr. Bologna stated that he talked to Don Mende about enclosing the back area. He explained that Big Lots has so much stuff coming in that they unwrap it, bale it and leave it in the back. Mr. Bologna stated that the enclosure will keep everything inside but he still needs to pull a permit for it. Mr. Cooper asked Mr. Bologna to see the map. Mr. Bologna showed the Board the property line and where the wall fell down. Mr. Cooper asked if there is any place to store the cardboard inside. Mr. Bologna stated no, it is too Ordinance Board of Appeals January 26, 2015 Regular Meeting Page 2 heavy. Mr. Pitrone told Mr. Bologna that no matter how long it takes to put up the enclosure the violations need to be taken care of. All this Board is concerned about, is getting the trash off of the property. Mr. Cooper stated that he liked the idea of Mr. Bologna finding a permanent solution to the problem. Mr. Pitrone reminded Mr. Bologna that no outdoor storage is allowed in the city. Mr. Pitrone stated that the City could call United Landscaping and get them to remove the outdoor storage. Mr. Ervin told Mr. Bologna that other companies make sure that their lease agreements state that they must abide by the rules of the City. Mr. Ervin stated that the tenants could have the storage picked up every day or every other day. Mr. Bologna stated that he will enclose it right away and he will keep on his tenants. Mr. Ervin made a motion for an immediate abatement. There was no support for the motion. The motion was dropped. Moved by Cooper, supported by DiGaetano, RESOLVED, to declare that a public nuisance exists on the property commonly known as 33100 Schoenherr Road and to direct the Code Official to abate the violations identified in the attached staff reports which give rise to this finding after February 9, 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. Yes: DiGaetano, Hartson, Pitrone No: Ervin. Absent: Hartson. 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 7:35 pm Respectfully submitted. John Pitrone, Chairman Joseph DiGaetano, Secretary Ordinance Board of Appeals Ordinance Board of Appeals