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 March 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, Juli Sala – Secretary(excused), 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 – G17- 0020, G17-0022, G17-0025 & G17-0026. 4. Removal of Consent Items to New Business a. Moved item 4 to New Business 9a. G17-0021 Craig, Cynthia – 36467 Idaho Drive b. Moved item 6 to New Business 9b. G17-0023 Sterling Hotels, LLC – 34911 Van Dyke c. Moved item 10 to New Business 9c. G17-0027 Hay, James C. – 11333 Jacqueline Drive 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 February 27, 2017, as presented. 2. G17-0019 Donovan, Thomas, M. – 37305 Gregory Drive RESOLVED, to declare that a public nuisance exists on the property commonly known as 37305 Gregory 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. G17-0024 Antosh, Pete & Jeanne – 4231 Bieber Drive RESOLVED, to declare that a public nuisance exists on the property commonly known as 4231 Bieber 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. G17-0028 Kesto, Sam – 2700 Seventeen Mile Road RESOLVED, to declare that a public nuisance exists on the property commonly known as 2700 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. 7. Public Hearing a. G17-0018 Hill, Tara Jo – 42944 Pheasant Run Drive Fence Variance- Asking Board approval to allow a 6ft PVC privacy fence on a corner lot one foot from the sidewalk along Nineteen Mile Road. Tara Hill, owner, was present. Ms. Hill stated that her dogs are aggressive and kids throw stuff at them. People steal stuff from her yard. For the safety of her dogs and people she needs a fence variance. Mr. Ervin stated that the distance from the fence to the garage would be 30 feet. She has a split fence. Ms. Hill stated that she Ordinance Board of Appeals March 27, 2017 Regular Meeting Page 2 will have the fence go around the AT&T box so they don’t have to go into her yard. Mr. Pitrone told Ms. Hill that if she boxes out the AT&T box she will still need to maintain the area. Ms. Hill stated that she understands. Mr. Pitrone stated that he has no problem with the fence variance. Moved by Ervin, supported by McMartin, RESOLVED, to approve case G17-0018 at 42944 Pheasant Run 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, Pitrone, Zdzieblowski No: None. Absent: Sala. Motion carried. 8. Old Business 9. New Business a. G17-0021 Craig, Cynthia – 36467 Idaho Drive Code Enforcement Officer, Paul Geiger, stated as of today there were no changes to the property. Pictures were shown at this time. Joshua Craig, son of owner, was present. Mr. Craig stated that he needs an extension to get it cleaned up. He was not aware about the shed. He removed a lot of debris already. He stated he will take the couch out to the trash tonight. Mr. Pitrone stated that everything in the photos needs to go. Mr. McMartin stated that the branches need to be bagged up and removed then the shed can be painted. Mr. Zdzieblowski asked Mr. Craig how much time he needed. Mr. Craig stated he could have it done in a week. Moved by Zdzieblowski, supported by McMartin, RESOLVED, to declare that a public nuisance exists on the property commonly known as 36467 Idaho Drive and to direct the Code Official to abate the violations identified in the attached staff reports, which give rise to this finding after April 4, 2017. 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, Zdzieblowski No: None. Absent: Sala. Motion carried. b. G17-0023 Sterling Hotels, LLC – 34911 Van Dyke Code Enforcement Officer, Paul Geiger, stated as of today there were some changes to the property. Pictures were shown at this time. Gregory Staufer, General Manager, was present. Mr. Staufer stated that originally there was four units and debris. They have since cleaned up the property. He is having a problem getting rid of the air conditioning unit because of the refrigerant. He needs a few weeks. Mr. Staufer stated that when he came back as manager the property was a mess and they are cleaning it up. Mr. Ervin stated that the items in the pictures still need to be removed. Mr. Staufer stated that he understood. Mr. McMartin stated that two weeks should be good. Mr. Staufer asked for three weeks. Mr. McMartin stated two weeks should be good. Moved by McMartin, supported by Zdzieblowski, RESOLVED, to declare that a public nuisance exists on the property commonly known as 34911 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 April 10, 2017. 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, Zdzieblowski No: None. Absent: Sala. Motion carried. Ordinance Board of Appeals March 27, 2017 Regular Meeting Page 3 c. G17-0027 Hay, James C. – 11333 Jacqueline Drive Code Enforcement Officer, Paul Geiger, stated as of today there were some changes to the property. Pictures were shown at this time. Peggy Hay, owner, was present. Ms. Hay stated that she didn’t realize that they wouldn’t pick up the bagster in the back yard. She will put it by the street and Waste Management will pick it up on Wednesday. Her garage door opener was broken but now she uses the release chain to close it. The mulch she is using for a project and the kids toys she will get rid of. Mr. Zdzieblowski asked if one week would be enough time. Ms. Hay stated, “Yes”. Mr. McMartin stated that when she is in-between projects she should store the items in the garage until she is ready to do the project. There are still toys out that need to be put away. Ms. Hay stated that her grandkids are moving out Friday and taking their stuff. Moved by Zdzieblowski, supported by McMartin, RESOLVED, to declare that a public nuisance exists on the property commonly known as 11333 Jacqueline Drive and to direct the Code Official to abate the violations identified in the attached staff reports, which give rise to this finding after April 3, 2017. 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, Zdzieblowski No: None. Absent: Sala. Motion carried. 9. Public Participation 10. Adjournment Motion by Ervin, supported by McMartin to adjourn the meeting. Yes: All. Motion carried. The meeting was adjourned at 7:34 pm Respectfully submitted. John Pitrone Juli Sala John Pitrone - Chairman Juli Sala - Secretary Ordinance Board of Appeals Ordinance Board of Appeals