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 December 12, 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, Juli Sala – Secretary, Robert Ervin, Benjamin McMartin, Paul Zdzieblowski, 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- 0320 & G16-0321. b. Move G16-0322 to New Business. 4. Removal of Consent Items to New Business a. Moved item 5 to New Business 9a. G16-0322 Yaxley, Tom & Shelly– 39044 Dodge Park Road 5. Approval of Agenda Motion by Ervin, supported by McMartin, to approve agenda Yes: All. Motion carried. 6. Consent Agenda Moved by McMartin, supported by Ervin, RESOLVED, to approve the Consent Agenda as amended: 1. To approve the minutes of the regular meeting of November 14, 2016, as presented. 2. G16-0319 Schoenherr, Kirk – 13586 Kingsville Drive RESOLVED, to declare that a public nuisance exists on the property commonly known as 13586 Kingsville 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. G16-0323 Chehab Brothers, LLC – 13927 Nineteen Mile Road RESOLVED, to declare that a public nuisance exists on the property commonly known as 13927 Nineteen 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. G16-0324 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. 7. Public Hearing a. G16-0318 Coletti, Rick & Sylvia – 15192 Clinton River Road Concrete Variance- Asking Board approval to not install a sidewalk along Hayes Road. Rick Coletti, owner, was present. Mr. Coletti stated that he is building a home for his daughter at Clinton River Road and Hayes. Along Clinton River Road he is installing a sidewalk all the way down but along Hayes Road there are no sidewalks. He is asking for leniency along Hayes Road. Mr. Ervin asked Ms. Gerstenberg what her feelings were on this. Ordinance Board of Appeals December 12, 2016 Regular Meeting Page 2 Ms. Gerstenberg stated that the city does have a very active property GAP completion program. They are trying to complete the sidewalks on all of the major roads. Clinton River Road is one of the roads that the City is working on completing the GAP right now. There are some additional monies that have been put in the budget this coming year. Hayes Road is not one of the roads being done at this time. The variance that the homeowner is requesting can be approved by the Board but if at some point the City decides that Hayes Road is a priority then the homeowner will be asked to put the sidewalks in at his expense. Mr. Pitrone stated that engineering has no objection to not install a sidewalk on Hayes Road. Mr. Pitrone stated to Mr. Coletti that if at any time the City deems it necessary to put in a sidewalk he will have to pay for it. Mr. Coletti stated that he understands. Moved by McMartin, supported by Ervin, RESOLVED, to approve case G16-0318 at 15192 Clinton River 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. Yes: Ervin, McMartin, Pitrone, Sala, Zdzieblowski No: None. Absent: None. Motion carried. 8. Old Business 9. New Business a. G16-0322 Yaxley, Tom & Shelly – 39044 Dodge Park Road Code Enforcement Officer, Paul Geiger, stated as of today there were some changes to the property. Pictures were shown at this time. The owner was not present. The owner sent an email requesting more time. Mr. Pitrone stated that no one is here and the initial inspection was done in September and it is December now. Mr. Pitrone stated that the homeowner wrote an email today for a couple more weeks to complete. He has had a lot of time and is asking for more time. Mr. Sala stated that little has been done and he has had three previous OBA’s. Mr. Sala would not be in favor of extending time for this. Moved by Sala, supported by Zdzieblowski, RESOLVED, to declare that a public nuisance exists on the property commonly known as 39044 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 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: Ervin, McMartin, Pitrone, Sala, Zdzieblowski No: None. Absent: None. Motion carried. 10. Public Participation 11. Adjournment Motion by McMartin, supported by Ervin to adjourn the meeting. Yes: All. Motion carried. The meeting was adjourned at 7:14 pm Respectfully submitted. John Pitrone Juli Sala John Pitrone - Chairman Juli Sala - Secretary Ordinance Board of Appeals Ordinance Board of Ordinance Board of Appeals December 12, 2016 Regular Meeting Page 3 Appeals