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 November 14, 2016 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 (excused), Juli Sala – Secretary, Robert Ervin- Acting Chairman, Benjamin McMartin, Paul Zdzieblowski, Michael Stickney, 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 – G16- 0304, G16-0309, G16-0310, G16-0313 & G16-0315 4. Removal of Consent Items to New Business a. Moved item 2 to New Business 9a. G16-0303 A & G Ventures, LLC – 35197 Dodge Park Road b. Moved item 4 to New Business 9b. G16-0305 Sherfield, Larry – 36757 Vine Drive c. Moved item 5 to New Business 9c. G16-0306 Alkasmikha, Sevan – 3257 Barkway Drive d. Moved item 10 to New Business 9d. G16-0311 Kipp, David & Lisa – 41229 North Central Drive e. Moved item 11 to New Business 9e. G16-0312 Elieff, Tran & Magdaline – 40490 Van Dyke f. Moved item 16 to New Business 9f. G16-0317 Abdulkareem, Doraid – 2663 Michael Drive 5. Approval of Agenda Motion by McMartin, supported by Zdzieblowski, to approve agenda Yes: All. Motion carried. 6. Consent Agenda Moved by Stickney, supported by McMartin, RESOLVED, to approve the Consent Agenda as amended: 1. To approve the minutes of the regular meeting of October 24, 2016, as presented. 2. G16-0307 Tartaglia, Alfred (Trustee) – 11508 Fifteen Mile Road RESOLVED, to declare that a public nuisance exists on the property commonly known as 11508 Fifteen 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. 3. G16-0308 RFY Property, LLC – 11700 Fifteen Mile Road RESOLVED, to declare that a public nuisance exists on the property commonly known as 11700 Fifteen 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. 4. G16-0314 H & S Singh – 37196 Dequindre Road RESOLVED, to declare that a public nuisance exists on the property commonly known as 37196 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. Ordinance Board of Appeals November 14, 2016 Regular Meeting Page 2 5. G16-0316 Mikhael, Naures N. & Claudia N. – 2829 Garrison Drive RESOLVED, to declare that a public nuisance exists on the property commonly known as 2829 Garrison 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. G16-0285 Meray, Steve & Lisa & Maiuri, Dino- 11254 Anna Lisa Drive Concrete Variance- Asking Board approval to allow the driveway to be 28 feet wide. Dino Maiuri, contractor, was present. Steve and Lisa Meray, owners, were present. Mr. Maiuri stated that they are requesting a variance to have a 28 ft. wide driveway to help move cars around. They live on a corner lot and have the room. The 28 ft. wide driveway gives the ability to park three cars on the driveway. Mr. Ervin asked what the width of the approach is. Mr. Maiuri stated that the approach is 23 ft. with the flare. Mr. Ervin asked if he was aware of the ordinance being 24 ft. wide. Mr. Maiuri stated that he was not aware and that it changed within the last two years. Mr. McMartin stated that the ordinance states that the drive and approach must be no less than the full width of the driveway and shall flare out 18 inches on each side at the curb. Mr. Maiuri stated that the City letter stated that from the City standard it does not allow the driveway to exceed 24 ft. when a resident has a two car garage. Mr. McMartin stated that he does not see anything unique about the property and a variance ordinance would require that it be unique. Mr. Meray told the Board to look at Google maps and there are driveways that are larger than 24 ft. wide in the City. Mr. McMartin stated that he does not know the facts of other properties and the Board can only view his property. Mr. McMartin asked who was responsible to get the permit. Mr. Maiuri stated that he was. Mr. Meray stated that people speed down his street and he doesn’t want to put his cars on the street. Mr. Sala stated that he doesn’t see having multiple cars as a hardship. The only hardship he can see is that it was already constructed and there is no good resolution to this. Mr. Ervin stated the history on the case that was given to the Board. On 7-20-16 the code enforcement sent a violation to property owner for not pulling a concrete permit. On 8-3-16 the City received message from contractor that he mailed in permit. On 8- 10-16 the building department received permit application without payment. On 8-24- 16 the homeowner was notified by letter that the proposed construction does not meet the City Zoning requirements. On 10-11-16 contractor paid for Building permit application. On 10-11-16 the contractor applied for variance to add 4ft to the width of the concrete driveway over the maximum 24 feet allowed by ordinance. The City code states that the drive and approach must be in align per section 48-65 (B). Ms. Gerstenberg stated that the maximum driveway size is 24 ft. and this one is currently 28 ft. which means they need a variance. To be in compliance they would have to extend the approach 8 ft. Mr. Ervin asked when the concrete was poured. Mr. Maiuri stated that the code enforcement officer did not stop and tell them anything while they were working. Ms. Gerstenberg asked Mr. Maiuri if he has done work in the City before. Mr. Maiuri stated, “Yes”. Ms. Gerstenberg stated that he should be familiar with the City’s policy that permits are required before concrete can be poured. Mr. Maiuri stated, “Yes”. Mr. McMartin stated that he doesn’t support the variance because there are no extraordinary circumstances and it was not done in the proper order. The permit process is for a reason. Mr. McMartin feels bad for the homeowner. Coming for a variance after the work is done should not be approved ever. Mr. Meray stated that he has been a homeowner for over 30 years in Sterling Heights and has never done anything without a permit. He assumed the contractor pulled the permit. The neighbors say it looks good. Mr. Sala stated that one way to bring into compliance is to cut in half only 4ft and approach is brought out 4ft. This can still be done this year. Ordinance Board of Appeals November 14, 2016 Regular Meeting Page 3 Once the motion was complete the homeowner and contractor asked for clarification. Mr. Ervin stated that the Board denied the variance and now the homeowner has two weeks to come into compliance. Mr. Ervin strongly recommended that they meet with Mike Viazanko the building official to make sure they are in compliance. Moved by Sala, supported by Zdzieblowski, RESOLVED, to approve case G16-0285 at 11254 Anna Lisa 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, 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. Yes: Zdzieblowski; No: Ervin, McMartin, Sala, Stickney, Absent: Pitrone. Motion failed. RESOLVED, to deny case G16-0285 at 11254 Anna Lisa Drive with the condition that the homeowner has two weeks to come into compliance. 8. Old Business 9. New Business a. G16-0303 A & G Ventures, LLC – 35197 Dodge Park Road Code Enforcement Officer, Paul Geiger, stated as of today there were no changes to the property. Pictures were shown at this time. Victor Ventimiglia, owner, was present. Mr. Geiger stated that the City Attorney noted that it is an illegal sign. Mr. Ventimiglia stated that he wasn’t trying to get away with anything. He wasn’t aware they needed a permit. The building has had artwork on it since 1981. For the last ten years they have not painted anything on it. He thought that they could put pictures on the wall just not words. Mr. McMartin stated that he has been a lifetime fan of Ventimiglia’s. The City chose to revise the sign ordinance and now it puts the code enforcement officers in a bad spot to have to enforce art vs. signs. Ms. Gerstenberg stated that the sign ordinance was recently revised. Mr. McMartin stated that the picture is considered signage. Ms. Gerstenberg stated that this is considered a sign and he can go in front of the Zoning Board of Appeals to try to get a variance. If Mr. Ventimiglia is interested in that he will need to speak to the City Planner Chris McLeod. Mr. Ventimiglia stated that he would contact Chris tomorrow. Moved by Stickney, supported by McMartin, RESOLVED, to declare that a public nuisance exists on the property commonly known as 35197 Dodge Park Road and to direct the Code Official to abate the violations identified in the attached staff reports, which give rise to this finding after November 28, 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: Ervin, McMartin, Sala, Stickney, Zdzieblowski No: None. Absent: Pitrone. Motion carried. b. G16-0305 Sherfield, Larry – 36757 Vine Drive Code Enforcement Officer, Paul Geiger, stated as of today there were some changes to the property. Pictures were shown at this time. Larry Sherfield, owner, was present. Mr. Sherfield stated that there are no branches in immediate danger. The tree is not dead and it is not in danger of falling on anyone. Mr. Zdzieblowski stated that there is no live foliage on the tree and a tree can fall at any time and be dangerous. Mr. Sala asked Mr. Sherfield how much time he needed. Mr. Sherfield stated that he is not in agreement that the tree is dead only some branches. He will need ten days to get someone to trim off the dead branches. Mr. Zdzieblowski stated that he could give two weeks for trimming the tree or cutting it down. Mr. Ordinance Board of Appeals November 14, 2016 Regular Meeting Page 4 Sherfield stated that he will only trim the branches. Moved by Zdzieblowski, supported by Stickney, RESOLVED, to declare that a public nuisance exists on the property commonly known as 36757 Vine 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 28, 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: Ervin, McMartin, Sala, Stickney, Zdzieblowski No: None. Absent: Pitrone. Motion carried. c. G16-0306 Alkasmikha, Sevan – 3257 Barkway Drive Code Enforcement Officer, Paul Geiger, stated as of today there were some changes to the property. Pictures were shown at this time. Sevan Alkasmikha, owner, was present. Ms. Alkasmikha stated that she cleaned up the property in early summer and then the City billed her for the contractor work several months later. Mr. Ervin stated that the property is almost completed now. Mr. Sala stated that she should discuss with the code enforcement officer what needs to be completed. Ms. Alkasmikha stated that she wants to complain about the previous clean up done by the City. Mr. McMartin thanked her for being here and cleaning up her property. He stated that she should talk with the code enforcement officer on what still needs to be done. Mr. Zbzieblowski showed her that the trees/bushes need to be cut at top and rounded. Mr. Ervin stated that she should have the code enforcement officer meet her at her property after she has done the work. Ms. Gerstenberg told Ms. Alkasmikha that she is aware of the case and her bill was delayed but she still owes the bill. If she wants to discuss it she can call Ms. Gerstenberg tomorrow. Moved by Stickney, supported by Zbzieblowski, RESOLVED, to declare that a public nuisance exists on the property commonly known as 3257 Barkway 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 28, 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: Ervin, McMartin, Sala, Stickney, Zdzieblowski No: None. Absent: Pitrone. Motion carried. d. G16-0311 Kipp, David & Lisa – 41229 North Central Drive Code Enforcement Officer, Paul Geiger, stated as of today there were some changes to the property. Pictures were shown at this time. David Kipp, owner, was present. Mr. Kipp stated that the siding in the picture needs to be put back on the house. His garbage cans are out front because he can’t store them anywhere else. He is going to put the wood chips in the landscape. Mr. McMartin stated that the pool cover is not covered tight and the electric is exposed. Mr. Kipp stated that it is not electrical it is from the diving board being taken out. The pool cover has never been tight. The siding hasn’t been completed yet. It will be done in about two weeks. The wood chips will be filled in this Friday and then he will lay topsoil over it. Mr. Geiger stated that there shouldn’t be anything stored outside. The garbage cans with lids can be stored outside but can’t be in the front yard. No boxes or plastic containers. Mr. Ervin stated that a corner lot has two front yards. Mr. Sala stated that the siding needs to be put away if not done in a timely manner. Moved by Sala, supported by Stickney, RESOLVED, to declare that a public nuisance exists on the property commonly known as 41229 North Central 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 21, 2016 for the debris in the yard and the outdoor storage and after November 28, 2016 for the siding. 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: Ervin, McMartin, Sala, Stickney, Zdzieblowski Ordinance Board of Appeals November 14, 2016 Regular Meeting Page 5 No: None. Absent: Pitrone. Motion carried. e. G16-0312 Elieff, Tran & Magdaline – 40490 Van Dyke Code Enforcement Officer, Paul Geiger, stated as of today there were some changes to the property. Pictures were shown at this time. Property owner was not present. A letter was given to the Board members asking for more time. Ms. Gerstenberg stated that the owner could not come and she submitted plans. The Code Enforcement officer looked at the plans and said it should be good and they the owner is planting trees in the spring. The property owner will proceed with purchasing the plants and planting them within one week. Moved by Zbzieblowski, supported by McMartin, RESOLVED, to declare that a public nuisance exists on the property commonly known as 40490 Van Dyke and to direct the Code Official to abate the violations identified in the attached staff reports, which give rise to this finding after November 28, 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: Ervin, McMartin, Sala, Stickney, Zdzieblowski No: None. Absent: Pitrone. Motion carried. f. G16-0317 Abdulkareem, Doraid – 2663 Michael Drive Code Enforcement Officer, Paul Geiger, stated as of today there were no changes to the property. Pictures were shown at this time. Doraid Abdulkareem, owner, was present. Mrs. Abdulkareem stated that she rented the property out and received it back this August. The property was a mess. She has been fixing it up since she has gotten it back. She stated that her husband will be home in about five days and he will work on the property. Mr. McMartin asked her how much time she needs. Mr. Sala stated that she should meet the code enforcement officer out at the property and have him clarify what needs to be done. Mr. Ervin stated that the shrubs are dead and need to be replaced. Moved by Sala, supported by Zdzieblowski, RESOLVED, to declare that a public nuisance exists on the property commonly known as 2663 Michael 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 23, 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: Ervin, McMartin, Sala, Stickney, Zdzieblowski No: None. Absent: Pitrone. Motion carried. 10. Public Participation 11. Adjournment Motion by Stickney, supported by Sala to adjourn the meeting. Yes: All. Motion carried. The meeting was adjourned at 8:45 pm Respectfully submitted. Robert Ervin Juli Sala Robert Ervin- Acting Chairman Juli Sala - Secretary Ordinance Board of Appeals Ordinance Board of Appeals