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 September 14, 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, Joseph DiGaetano – Secretary, Robert Ervin, Kathryn Jiles, Juli Sala(excused), 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 – G15-0221, G15-0222, G15-0224, G15-0229, G15-0233, G15-0238, G15-0239, G15-0245 & G15-0251 4. Removal of Consent Items to New Business a. Moved item 6 to New Business 9a. G15-0223 Shah, Durishawar c/o Shah, Ahmed – 11648 Canterbury Drive b. Moved item 8 to New Business 9b. G15-0225 Bassalious, Samy E. – 36650 Kenneth Court c. Moved item 15 to New Business 9c. G15-0232 Lang, Lawrence – 37683 Carpathia Boulevard d. Moved item 18 to New Business 9d. G15-0235 Hanna, Veuleat – 4822 Norway Drive e. Moved item 19 to New Business 9c. G15-0236 Nichols, Stephanie - Trust – 41162 Wessel Drive f. Moved item 33 to New Business 9d. G15-0250 Shamou, Eva – 38308 Douglas Drive 5. Approval of Agenda Motion by Ervin, supported by Jiles, to approve agenda Yes: All. Motion carried. 6. Consent Agenda Moved by Ervin, supported by Jiles, RESOLVED, to approve the Consent Agenda as amended: 1. To approve the minutes of the regular meeting of August 24, 2015, as presented. 2. G15-0219 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. G15-0220 Gill, Sukhbir & Rajwinder – 40360 Denbigh Drive RESOLVED, to declare that a public nuisance exists on the property commonly known as 40360 Denbigh 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. G15-0226 Protas, George E & Lynn – 36459 Samoa Drive RESOLVED, to declare that a public nuisance exists on the property commonly known as 36459 Samoa 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. 5. G15-0227 Secretary of Veterans Affairs c/o Veterans Administration – 36712 Wayne Drive RESOLVED, to declare that a public nuisance exists on the property commonly known as 36712 Wayne 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 September 14, 2015 Regular Meeting Page 2 6. G15-0228 Litton Loan Service – 33927 Brookshire Drive RESOLVED, to declare that a public nuisance exists on the property commonly known as 33927 Brookshire 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. G15-0230 Ventures Trust 2013-I-H-R – 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. 8. G15-0231 Tuo Gip Properties – 33800 Van Dyke RESOLVED, to declare that a public nuisance exists on the property commonly known as 33800 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. 9. G15-0234 Secretary of Housing & Urban Dev – 41825 Marold Drive RESOLVED, to declare that a public nuisance exists on the property commonly known as 41825 Marold 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. 10. G15-0237 Chan, May Sheung – 4785 Dreon Court RESOLVED, to declare that a public nuisance exists on the property commonly known as 4785 Dreon 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. 11. G15-0240 Julian Holdings, LLC – 4043 Seventeen Mile Road RESOLVED, to declare that a public nuisance exists on the property commonly known as 4043 Seventeen 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. 12. G15-0241 JP Morgan Chase Bank, N.A. – 34116 Viceroy Drive RESOLVED, to declare that a public nuisance exists on the property commonly known as 34116 Viceroy 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. 13. G15-0242 Karwaczynski, Krzysztof & Wells Fargo Bank N.A. – 43638 Bockley Drive RESOLVED, to declare that a public nuisance exists on the property commonly known as 43638 Bockley 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. 14. G15-0243 Wrobleski, Rachael – 11930 Chattman Drive RESOLVED, to declare that a public nuisance exists on the property commonly known as 11930 Chattman 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 September 14, 2015 Regular Meeting Page 3 15. G15-0244 Flockhart, Ray & Shari – 12415 Kenilworth Drive RESOLVED, to declare that a public nuisance exists on the property commonly known as 12415 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. 16. G15-0246 Reinhardt, Joseph – 12262 Malburg Drive RESOLVED, to declare that a public nuisance exists on the property commonly known as 12262 Malburg 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. 17. G15-0247 Bank of America, N.A. c/o Orlans Associates, P.C. – 13185 Stratford Drive RESOLVED, to declare that a public nuisance exists on the property commonly known as 13185 Stratford 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. 18. G15-0248 Jacobi Housing LLC – 3006 Belinda Drive RESOLVED, to declare that a public nuisance exists on the property commonly known as 3006 Belinda 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. 19. G15-0249 J B R Associates, LLC – 36950 Dequindre Road RESOLVED, to declare that a public nuisance exists on the property commonly known as 36950 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. 7. Public Hearing a. G15-0216 Kubasinski, Martin – 11389 Sixteen ½ Mile Road Concrete variance- requesting Board approval to allow the location of the sidewalk. Martin Kubasinski, owner, was present. Mr. Kubasinski stated that he built a single family home on the property. The tree in front is very close to the sidewalk so to protect the cement from further damage in the future he went around the tree. Mr. Ervin asked Mr. Kubasinski why he didn’t do a radius around the tree instead. Mr. Kubasinski stated that he was open to suggestions and he is just trying to comply with the sidewalk gap program. Mr. Pitrone stated that the properties next to him do not have sidewalks and he has no objection to this variance. Moved by DiGaetano, supported by Ervin, RESOLVED, to approve case G15-0216 at 1389 Sixteen ½ Mile Road with the following conditions: 1 – that the petitioner agrees to abide by nd comply with all applicable rules and regulations and orders of every lawful agency r governing authority having jurisdiction, 2 – that the decision of the board will remain alid and in force only as long as the facts and information presented to the board in public hearing re found to be correct and that the conditions upon which the motion is based are maintained as resented to the board, 3 – the petitioner requires that the owner of the property agree that if and hen the City deems it necessary to require the installation of subject concrete work, the wner of the property will install the required concrete work promptly at his own expense or ill be subject to a special assessment in an amount sufficient to cover the cost of such nstallation by the City. Yes: DiGaetano, Ervin, Jiles, Pitrone No: None. Absent: Sala. Motion carried. Ordinance Board of Appeals September 14, 2015 Regular Meeting Page 4 8. Old Business a. G15-0147 Eldorado Development Inc. – 13490 Woodland Court Denice Gerstenberg gave the Board an update regarding the three hazardous trees. Ms. Gerstenberg stated that as of today the trees were being removed. Moved by Jiles, supported by Ervin, RESOLVED, to indefinitely postpone G15-0147 at 13490 Woodland Court. Yes: DiGaetano, Ervin, Jiles, Pitrone, No: None. Absent: Sala. Motion carried. 9. New Business a. G15-0223 Shah, Durishawar c/o Shah, Ahmed – 11648 Canterbury Drive Code Enforcement Officer, Paul Geiger, stated as of today there were some changes to the property. Bob Shah, son of owner, was present. Mr. Shah stated that the debris in the yard will be out of site today. Mr. Ervin asked Mr. Shah how much time he needs. Mr. Shah stated he will have it done tonight. Moved by Ervin, supported by DiGaetano, RESOLVED, to declare that a public nuisance exists on the property commonly known as 11648 Canterbury 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: DiGaetano, Ervin, Jiles, Pitrone No: None. Absent: Sala. Motion carried. b. G15-0225 Bassalious, Samy E. – 36650 Kenneth Court Code Enforcement Officer, Paul Geiger, stated as of today there were no changes to the property. Pictures were shown at this time. Sam Bassalious, owner, was present. Mr. Bassalious stated that he has been doing a lot of clean up and he needs one more week. Moved by Jiles, supported by Ervin, RESOLVED, to declare that a public nuisance exists on the property commonly known as 36650 Kenneth Court and to direct the Code Official to abate the violations identified in the attached staff reports which give rise to this finding after September 21, 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, Ervin, Jiles, Pitrone No: None. Absent: Sala. Motion carried. c. G15-0232 Lang, Lawrence – 37683 Carpathia Boulevard Code Enforcement Officer, Paul Geiger, stated as of today there were no changes to the property. Pictures were shown at this time. Lawrence Lang, owner, was present. Mr. Lang stated that he was not aware of the one side of the fence that needed to be fixed and his neighbor should have told him. Mr. Pitrone asked him how long he needs. Mr. Lang stated he needs a month. Mr. DiGaetano asked Mr. Geiger if the code enforcement officer reported any changes and any information on the condition of the boards. Mr. Geiger stated that the code enforcement officer stated that there have been no changes and the boards need to be replaced. Mr. Lang stated that he was not aware of the one side that needed to be fixed until the inspector came out on Friday and told him. Moved by Ervin, supported by Jiles, RESOLVED, to declare that a public nuisance exists on the property commonly known as 37683 Carpathia Boulevard and to direct the Code Official to abate the violations identified in the attached staff reports which give rise to this finding after October 12, 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 Ordinance Board of Appeals September 14, 2015 Regular Meeting Page 5 applicable city ordinance. Yes: DiGaetano, Ervin, Jiles, Pitrone No: None. Absent: Sala. Motion carried. d. G15-0235 Hanna, Veuleat – 4822 Norway Drive Code Enforcement Officer, Paul Geiger, stated as of today there were no changes to the property. Pictures were shown at this time. Veuleat Hanna, owner, was present. Ms. Hanna stated that she has had bad luck with contractors. Last September she hired a contractor and he did not come. She stated that she has hired a new contractor. Ms. Jiles asked Ms. Hanna what she plans to do. Ms. Hanna stated that she wants to put in a circular driveway and a sprinkler system. Ms. Jiles asked how long the process will take. Ms. Hanna stated she needs two months. Ms. Jiles stated that the backyard could get started right away and she wanted to know if a permit was pulled. Mr. Pitrone stated that she is taking a big step and it will delay the yard getting seeded or sodded. Mr. Ervin asked when the one year expired. Mr. Ervin stated that they need something more concrete to go by. He asked if there was permits pulled and can she get the rest of the property done as soon as possible. Mr. Pitrone stated that the property needs to be sodded or seeded. Ms. Gerstenberg stated that the property was sold to the property owner on July 18, 2013. The property should have been seeded or sodded by July 18, 2014. Mr. Pitrone stated that the property owner had well over two years to get it done and now it needs to be done right away. Ms. Hanna stated that she can get it done within a month. Moved by Jiles, supported by Ervin, RESOLVED, to declare that a public nuisance exists on the property commonly known as 4822 Norway Drive and to direct the Code Official to abate the violations identified in the attached staff reports which give rise to this finding after October 12, 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, Ervin, Jiles, Pitrone No: None. Absent: Sala. Motion carried. e. G15-0236 Nichols, Stephanie - Trust – 41162 Wessel Drive Code Enforcement Officer, Paul Geiger, stated as of today there were no changes to the property. Pictures were shown at this time. The property owner was not present. David Hallison, neighbor, was present. Mr. Hallison showed the Board pictures. Mr. Hallison stated that the reason he is here is because of the silver maple tree that drops large branches onto his property. The large tree hangs over his family room and his garage. He stated that he can’t park his car in his driveway. Mr. Hallison stated that the City had an arborist look at the tree and they recommended that the tree needs a good pruning. Mr. Hallison asked the Board to include the pruning of the tree with the other violations. Mr. Pitrone stated that sometimes the Board can add minor nuisances to the agenda statements but they can’t add a tree. There is a process that needs to be followed. If the tree is a hazard it needs to be taken care of. Mr. Pitrone told Mr. Hallison that during business hours he can speak to the office of code enforcement. Ms. Gerstenberg stated that they will look at the arborist report on file and if there is an issue they will go through the normal process. The City will have to notify the homeowner and if they do not take care of it then it could end up back to the Board. Moved by Ervin, supported by DiGaetano, RESOLVED, to declare that a public nuisance exists on the property commonly known as 41162 Wessel 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: DiGaetano, Ervin, Jiles, Pitrone No: None. Absent: Sala. Motion carried. Ordinance Board of Appeals September 14, 2015 Regular Meeting Page 6 f. G15-0250 Shamou, Eva – 38308 Douglas Drive Code Enforcement Officer, Paul Geiger, stated as of today there were some changes to the property. No visible address on the house and ruts in grass need to be added to the agenda statement. Pictures were shown at this time. Eva Shamou, owner, was present. Ms. Shamou stated that she bought the property in 2013. She has two trees and she doesn’t know which one to get rid of. She has a company come out to cut and spray the grass. She doesn’t know where to put her garbage cans. Mr. Geiger stated that all cans can be stored in the side yard as long as they have lids on them. Mr. DiGaetano asked Mr. Geiger if a hose can be stored outside. Mr. Geiger stated that hoses need to be hung up or on a hose rack. Mr. DiGaetano stated that she can move the pails and bricks into the garage and asked her what she plans to do with the dead tree. Ms. Shamou stated that she will move the pails and bricks today. She doesn’t know which tree is dead because they both don’t look good. Mr. Geiger stated that if there are two dead trees than they both need to be removed. Ms. Shamou stated that she is planning on removing both of them. Mr. DiGaetano asked Ms. Shamou how much time she needs. Ms. Shamou stated that she can’t afford the landscaping right now but she can do the rest right away. Moved by DiGaetano, supported by Ervin, RESOLVED, to declare that a public nuisance exists on the property commonly known as 38308 Douglas Drive and to direct the Code Official to abate the violations identified in the attached staff reports which give rise to this finding after September 28, 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, Ervin, Jiles, Pitrone No: None. Absent: Sala. Motion carried. 10. Public Participation a. Potential buyers for the property at 5410 Plymouth Street, were present. They wanted to discuss the property. Mr. Pitrone stated that no one was here to represent the property when the meeting started. The property stayed under consent agenda. The Board voted for an immediate abatement and the Board can’t do anything right now. He told them to stay after and talk to Paul Geiger. 11. Adjournment Motion by Ervin, supported by Jiles to adjourn the meeting. Yes: All. Motion carried. The meeting was adjourned at 8:08 pm Respectfully submitted. John Pitrone Joseph DiGaetano John Pitrone, Chairman Joseph DiGaetano, Secretary Ordinance Board of Appeals Ordinance Board of Appeals