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 February 27, 2017 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. Acting Chairman 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, Horst Hrinciuc - 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 – G17- 0014, G17-0015 & G17-0017. 4. Removal of Consent Items to New Business a. None 5. Approval of Agenda Motion by McMartin, supported by Sala, to approve agenda Yes: All. Motion carried. 6. Consent Agenda Moved by McMartin, supported by Sala, RESOLVED, to approve the Consent Agenda as amended: 1. To approve the minutes of the regular meeting of January 30, 2017, as presented. 2. G17-0012 Moravian Plaza, LLC – 14402/14444 Fifteen Mile Road RESOLVED, to declare that a public nuisance exists on the property commonly known as 14402/14444 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. G17-0013 Sorrento Plaza – 11474 Fifteen Mile Road RESOLVED, to declare that a public nuisance exists on the property commonly known as 11474 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. G17-0016 Berishaj, Lule – 39417 Van Dyke RESOLVED, to declare that a public nuisance exists on the property commonly known as 39417 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. 7. Public Hearing a. G17-0010 Dorrell, Mark E. & Nicole D. – 36816 Adele Drive Fence Variance- Asking Board approval to allow a 6ft PVC privacy fence on a corner lot along Grindley. Mark and Nicole Dorrell, owners, were present. Ms. Dorrell gave the Board more pictures of her property. Ms. Dorrell stated that they hired a fence company and the fence company told them they pulled the permit. She did not know that they didn’t pull Ordinance Board of Appeals February 27, 2017 Regular Meeting Page 2 the permit and needed a variance. Mr. Ervin stated that the petitioners are asking for approval to allow a 6ft PVC privacy fence on a corner lot along Grindley. The owner has two front yards and a variance would be required. Mr. Ervin asked them if the four foot cyclone fence was removed. Ms. Dorrell said, “Yes.” Mr. McMartin stated that the fence contract states that the homeowner will pull the permit or pay $50. He asked them what they decided. Ms. Dorrell stated that they paid them $50 to pull the permit. Mr. Dorrell stated that the fence company told them that they would pull the permit. Mr. McMartin stated that the fence contractor, Dietz at 21874 Nunnley in Clinton Township assured them that they pulled the permit. Mr. Dorrell said, “Yes.” Mr. Sala stated that he is looking at this case as they are applying for a variance before the fence was put up. This fence doesn’t look like it’s a safety concern. Moved by McMartin, supported by Sala, RESOLVED, to approve case G17-0010 at 36816 Adele 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: Ervin, McMartin, Sala, Stickney, Zdzieblowski No: None. Absent: Pitrone. Motion carried. 8. Old Business 9. New Business a. None 9. Public Participation 10. Adjournment Motion by McMartin, supported by Sala to adjourn the meeting. Yes: All. Motion carried. The meeting was adjourned at 7:10 pm Respectfully submitted. John Pitrone Juli Sala Acting Chairman Juli Sala - Secretary Ordinance Board of Appeals Ordinance Board of Appeals