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 October 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, Joseph DiGaetano – Secretary, Robert Ervin, Kathryn Jiles (excused), Juli Sala, 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 – G15-0303, G15-0307, G15-0308 & G15-0313 4. Removal of Consent Items to New Business a. Moved item 9 to New Business 9a. G15-0310 Epifanio, Kandis R. & Joseph M. – 8601 Independence Drive b. Moved item 10 to New Business 9b. G15-0311 Talbert, Richard & Laurie M. – 39663 Parklawn Drive c. Moved item 15 to New Business 9c. G15-0316 Clemente, Alan M. & Marilyn B. – 3365 Gloucester Drive 5. Approval of Agenda Motion by Ervin, supported by DiGaetano, to approve agenda Yes: All. Motion carried. 6. Consent Agenda Moved by Ervin, supported by DiGaetano, RESOLVED, to approve the Consent Agenda as amended: 1. To approve the minutes of the regular meeting of September 28, 2015, as presented. 2. G15-0304 Madonna, Nicholas S. & Carrington Mortgage Services, LLC – 36816 Adele Drive RESOLVED, to declare that a public nuisance exists on the property commonly known as 36816 Adele 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. G15-0305 Anderson, T./Deeb, B/Deeb, A. – 36353 Idaho Drive RESOLVED, to declare that a public nuisance exists on the property commonly known as 36353 Idaho 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. G15-0306 Eminence Homes, LLC – 43750 Dequindre Road RESOLVED, to declare that a public nuisance exists on the property commonly known as 43750 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. 5. G15-0309 Licus, John – 34373 Dryden Drive RESOLVED, to declare that a public nuisance exists on the property commonly known as 34373 Dryden 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. 6. G15-0312 Rowloff, George H. – 39845 Parklawn Drive RESOLVED, to declare that a public nuisance exists on the property commonly known as 39845 Parklawn 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 October 26, 2015 Regular Meeting Page 2 7. G15-0314 Plumbrook Venture LLC – 39540 Van Dyke RESOLVED, to declare that a public nuisance exists on the property commonly known as 39540 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. 8. G15-0315 Hurst, Vaughn/Winters-Hurst, Marcia – 4961 Kebbe Drive RESOLVED, to declare that a public nuisance exists on the property commonly known as 4961 Kebbe 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. 9. G15-0317 Deutsche Bank National Trust Co. – 4716 Bloomfield Drive RESOLVED, to declare that a public nuisance exists on the property commonly known as 4716 Bloomfield 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 Hearing a. G15-0302 Asgarally, Rafiq & Deborah – 4567 Fifteen Mile Road Concrete Variance – Asking Board to allow an asphalt driveway instead of a concrete driveway. The owner asked the Board to wait to hear the case until his attorney arrives. The Board agreed to move the case to the end of the meeting. Rafiq Asgarally and Deborah Asgarally, owners, were present. Richard Grading, attorney, was present. Mr. Grading stated that the owners want asphalt instead of concrete mainly because of the cost. The driveway will be 8,600 square feet. The concrete would cost them $30,000 to $37,000 and asphalt would cost $18,000 to $22,000. The second reason for asphalt is winter maintenance. The maintenance for snow and ice during winter would be quicker and cost less. The third reason is the house would look much more appealing with the asphalt. The asphalt would be sturdy. The ordinance allows for resurfacing with asphalt. They are putting in such a large driveway because they live off of Fifteen Mile Road. There is no parking for guests on the road. Mr. Pitrone stated that he needed clarification on the ordinance allowing resurfacing. Mr. Grading referred to number 48 curbs and approaches subsection c; concrete driveways and drive approaches. Mr. Sala stated that the ordinance Mr. Grading is referring to is regarding overlay of asphalt. Mr. Grading stated that the house is hidden off of Fifteen Mile Road. Mr. Pitrone stated that he had a hard time finding the house. He stated that the neighbor also has an asphalt driveway but everywhere else it is concrete. Mr. Pitrone stated that this Board can’t consider cost. They can consider a compelling reason unique to the property or a hardship. Ms. Asgarally stated that the hardship is the size of the driveway because of where they are located. They have to have additional parking for their guests. Everyone else can park on the city streets and their guests can’t. Mr. DiGaetano asked Ms. Gerstenberg if she has heard any compelling objections from city officials as to putting in the asphalt. Ms. Gerstenberg stated that the office of engineering has no problem with approving the asphalt. This Board has approved asphalt in the past. Concrete is the standard but every once in a while they do approve asphalt as the alternative. Mr. Pitrone stated it is not in a subdivision, it is hidden and the house next door also has an asphalt driveway. Mr. Asgarally stated that they already installed a concrete approach. Moved by DiGaetano, supported by Ervin, RESOLVED, to approve case G15-0302 at 4567 Fifteen Mile Road 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, 3 – the petitioner requires that the owner of the property agree that if and when the City deems it necessary to require the installation of subject concrete work, the owner of the property will install the required concrete work promptly at his own expense or will be subject to a special assessment in an amount sufficient to cover the cost of such installation by the City . Ordinance Board of Appeals October 26, 2015 Regular Meeting Page 3 Yes: DiGaetano, Ervin, Pitrone, Sala No: None. Absent: Jiles. Motion carried. 8. Old Business 9. New Business a. G15-0310 Epifanio, Kandis R. & Joseph M. – 8601 Independence Drive Code Enforcement Officer, Paul Geiger, stated as of today there were no changes to the property. Kandis Epifanio, owner, was present. Ms. Epifanio stated that the code enforcement officer has given her many violations and the brick on the chimney needs to be fixed. She stated that no brick is actively falling down. Mr. Pitrone asked how long she needs to fix it. Ms. Epifanio stated that she doesn’t have the money to fix it until summer. Mr. Pitrone asked Mr. Geiger if it is a hazard to anyone. Mr. Geiger stated that he has not been on the property therefore he would not be a good judge. Ms. Epifanio stated that her contractor told her that it is not crackly and it is safe. Mr. Geiger stated that he does not see a problem with postponing it as long as the homeowner understands the responsibility of it. Moved by Ervin, supported by DiGaetano, RESOLVED, to declare that a public nuisance exists on the property commonly known as 8601 Independence Drive and to direct the Code Official to abate the violations identified in the attached staff reports which give rise to this finding after May 2, 2016. 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, Pitrone, Sala No: None. Absent: Jiles. Motion carried. b. G15-0311 Talbert, Richard & Laurie M. – 39663 Parklawn Drive Code Enforcement Officer, Paul Geiger, stated as of today there were no changes to the property. Richard Talbert, owner, was present. Mr. Talbert stated that he had it all cleaned up but the weeds grew back. He stated that he has been working on the gutters and he can have everything done in two weeks. Moved by Ervin, supported by DiGaetano, RESOLVED, to declare that a public nuisance exists on the property commonly known as 39663 Parklawn Drive and to direct the Code Official to abate the violations identified in the attached staff reports which give rise to this finding after November 9, 2016. 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, Pitrone, Sala No: None. Absent: Jiles. Motion carried. c. G15-0316 Clemente, Alan M. & Marilyn B. – 3365 Gloucester Drive Code Enforcement Officer, Paul Geiger, stated as of today there were no changes to the property. Alan Clemente, owner, was present. Mr. Clemente stated that the property is a rental and they are fixing up the house to sell it. He has hired a contractor to clean up the property. Mr. Pitrone stated that it is an easy fix to clean up the debris on the property. Mr. DiGaetano asked Mr. Clemente if he will tend to the nuisance growth in the next week. Mr. Clemente stated yes, the property has to be presentable to sell. Moved by DiGaetano, supported by Sala, RESOLVED, to declare that a public nuisance exists on the property commonly known as 3365 Gloucester 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, Pitrone, Sala Ordinance Board of Appeals October 26, 2015 Regular Meeting Page 4 No: None. Absent: Jiles. Motion carried. 11. Adjournment Motion by Ervin, supported by DiGaetano to adjourn the meeting. Yes: All. Motion carried. The meeting was adjourned at 7:43 pm Respectfully submitted. John Pitrone Joseph DiGaetano John Pitrone, Chairman Joseph DiGaetano, Secretary Ordinance Board of Appeals Ordinance Board of Appeals