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 April 27, 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 (retired from the Board), Joseph DiGaetano – Secretary, Robert Ervin (excused), Kathryn Jiles, Denice Gerstenberg - City Development Director, 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 – G15-0029, G15-0030, G15-0031, G15-0034, G15-0036 & G15-0040 4. Removal of Consent Items to New Business a. Moved item 12 to New Business 9a. G15-0037 Wells Fargo Bank, N.A. – 8851 Houghton Drive 5. Approval of Agenda Motion by DiGaetano, supported by Jiles, to approve agenda Yes: All. Motion carried. 6. Consent Agenda Moved by DiGaetano, supported by Jiles, RESOLVED, to approve the Consent Agenda as amended: 1. To approve the minutes of the regular meeting of March 23, 2015, as presented. 2. G15-0027 Chase Home Finance, LLC – 35806 Impala Drive RESOLVED, to declare that a public nuisance exists on the property commonly known as 35806 Impala 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. G15-0028 Sterling Medical Assoc. Inv. LLC – 8384 Metropolitan Parkway RESOLVED, to declare that a public nuisance exists on the property commonly known as 8384 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. 4. G15-0032 Newbury Reo 2013, LLC– 5410 Plymouth Street RESOLVED, to declare that a public nuisance exists on the property commonly known as 5410 Plymouth Street 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. G15-0033 CVS 8191 MI, LLC – 4025 Eighteen Mile Road RESOLVED, to declare that a public nuisance exists on the property commonly known as 4025 Eighteen 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. 6. G15-0035 Federal Home Loan Mortgage Corp. – 13085 Concord Drive RESOLVED, to declare that a public nuisance exists on the property commonly known as 13085 Concord 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 April 27, 2015 Regular Meeting Page 2 7. G15-0038 HSBC Bank USA – 12428 Kenilworth Drive RESOLVED, to declare that a public nuisance exists on the property commonly known as 12428 Kenilworth 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. 8. G15-0039 New Private Restaurant Properties – 13883 Lakeside Circle RESOLVED, to declare that a public nuisance exists on the property commonly known as 13883 Lakeside Circle 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. G15-0026 Weicker, Brian A. & Kathryn – 12212 Polara Drive Fence variance- asking Board approval to allow a 6’ wood privacy fence approximately 1’ from the property line on the side yard along Mustang Street. This fence will replace the existing cyclone fence. Kathryn and Brian Weicker, owners, were present. Ms. Weicker stated that they currently have a 4ft cyclone fence and want to replace it with a 6ft dogwood privacy fence. Mr. DiGaetano stated that he seen the property today and has no objections regarding the fence. Mr. Pitrone stated that he also went by the property and did not see any sight obstructions and is in favor of granting the variance request. Moved by DiGaetano, supported by Jiles, RESOLVED, to approve case G15-0026 at 12212 Polara 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. Yes: DiGaetano, Jiles, Pitrone No: None. Absent: Ervin. Motion carried. b. G15-0041 Applicant – Fence variance- asking Board approval to allow a 6’ pvc privacy fence to be erected 19’ from the house on the side yard along Sixteen 1/2 Mile Road. John Hreno, owner, was present. Joe Glaser, representative from Lowes, was present. Mr. Glaser stated that the owner wants to extend the fence from his house an additional 7 feet, which will leave a 23 foot set-back from the sidewalk and a 21 foot set-back from the street corner. There will be a 23 foot setback from the church rear driveway. The fence will be a 6 foot PVC kaki colored privacy fence. Mr. Pitrone stated that he looked at the property and he does not see any sight issues with the fence. Moved by Jiles, supported by DiGaetano, RESOLVED, to approve case G15-0041 at 38012 Cobble Creek Court 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. Yes: DiGaetano, Jiles, Pitrone No: None. Absent: Ervin. Motion carried. Ordinance Board of Appeals April 27, 2015 Regular Meeting Page 3 8. Old Business 9. New Business a. G15-0037 Wells Fargo Bank, N.A. – 8851 Houghton Drive Code Enforcement Officer, Paul Geiger, stated as of today there were no changes to the property. Pictures were shown at this time. The owner was not present. Richard Seymour, neighbor, was present. The neighbors are concerned that in the backyard there is a dead tree with falling limbs. Richard stated that he told a lieutenant that in the basement there is a tank with heating oil in it and it is against state law to have that. Paul Geiger stated that we can’t go inside the house. Mr. Geiger wanted to verify and add the dead tree to the abatement request. Mr. Geiger stated that we will need to get the tree evaluated by a tree inspector. Moved by DiGaetano, supported by Jiles, RESOLVED, to declare that a public nuisance exists on the property commonly known as 8851 Houghton Drive and to direct the Code Official to abate the violations identified in the attached staff reports which give rise to this finding immediately and add the removal of the large dead tree in yard. 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, Jiles, Pitrone No: None. Absent: Ervin. Motion carried. 10. Public Participation 11. Adjournment Motion by DiGaetano, supported by Jiles to adjourn the meeting. Yes: All. Motion carried. The meeting was adjourned at 7:20 pm Respectfully submitted. John Pitrone Joseph DiGaetano John Pitrone, Chairman Joseph DiGaetano, Secretary Ordinance Board of Appeals Ordinance Board of Appeals