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 July 10, 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. Chairman 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 (excused), Paul Geiger - Code Enforcement Officer, Dana Vietto – Recording Secretary 3. Report from City Liaison – Paul Geiger 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- 0104, G17-0105, G17-0106, G17-0107, G17-0110, G17-0113, G17-0114, G17-0115 & G17-0122. 4. Removal of Consent Items to New Business a. Moved item 9 to New Business 9a. G17-0111 Lowry, Harold D. – 33170 Morrison Court b. Moved item 14 to New Business 9b. G17-0116 Bisnack, Pamela – 43328 Aspen Drive c. Moved item 15 to New Business 9c. G17-0117 Breiling, Christopher – 8650 Clinton River Road d. Moved item 18 to New Business 9d. G17-0120 Karim, Wafic & Kobayati, Amal – 38672 Faith Drive e. Moved item 19 to New Business 9e. G17-0121 Mohiuddin, Razi – 38061 Fringe Drive 5. Approval of Agenda Motion by McMartin, supported by Ervin, 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. G17-0108 Qasawa, Hanna & Noran – 11650 Tahiti Drive RESOLVED, to declare that a public nuisance exists on the property commonly known as 11650 Tahiti 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. 2. G17-0109 Yousif, Zina – 2762 Farmdale Drive RESOLVED, to declare that a public nuisance exists on the property commonly known as 2762 Farmdale 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. G17-0112 Phaup, Danny & Amanda – 38467 Arcola Drive RESOLVED, to declare that a public nuisance exists on the property commonly known as 38467 Arcola 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. G17-0118 Miculi, Kol & Tone – 3205 Barton Drive RESOLVED, to declare that a public nuisance exists on the property commonly known as 3205 Barton 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 Ordinance Board of Appeals July 10, 2017 Regular Meeting Page 2 the cost of abatement incurred by the City, as permitted by the applicable city ordinance. 5. G17-0119 Waad, Maher – 3565 Chapel Drive RESOLVED, to declare that a public nuisance exists on the property commonly known as 3565 Chapel 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. G17-0123 Bodagh, Dhakir Hazim Yalda – 3735 Veronica Drive RESOLVED, to declare that a public nuisance exists on the property commonly known as 3735 Veronica 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. G16-0101 Shehad, Gadalla & Gadalla, Abanoub – 4654 Bloomfield Drive Fence Variance- Asking Board approval to allow a 6ft white vinyl sight obscuring fence on a corner lot about one foot from the sidewalk along Afton Drive. No one showed up to present the variance. Moved by Ervin, supported by McMartin, to postpone to the next regular meeting. Yes: Ervin, McMartin, Pitrone, Sala, Zdzieblowski. No: None. Absent: None. Motion carried. b. G17-0103 Walt, Corey E. & Leann M. – 39814 Valiant Drive Fence Variance- Asking Board approval to allow a 6ft wood sight obscuring fence on a corner lot about one foot from the sidewalk along Rambler Drive. Leann and Corey Walt, owners, were present. Mr. Walt stated that they have a cyclone fence now and want a privacy fence around the property to block people from watching them on their back patio. Mr. Pitrone stated that he drove by the property and has no issues with the fence. Mr. Sala asked the homeowners if they will be putting the fence up in the same spot as the cyclone fence. Mr. Walt stated, “Yes.” Mr. Ervin asked if they are going to remove the cyclone fence. Mr. Walt stated, “Yes.” Moved by McMartin, supported by Ervin, RESOLVED, to approve case G17-0103 at 39814 Valiant 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, Sala, Zdzieblowski. No: None. Absent: None. Motion carried. 7. Old Business a. G16-0239 Ventimigilia, Michele – 12554 Clinton River Road Concrete Variance - Asking Board approval to not install a sidewalk along Eighteen Mile Road. Zied Burside, one of the owners, was present. He did not know why he needed a variance. Mr. Ervin stated that the City is involved in the sidewalk gap program to connect all the walkways. If the City deems it necessary to have a sidewalk installed then the owner of the property will need to do so at that time. Mr. Burside stated that they bought the property from a third party and they do not have a buyer at this time. Ordinance Board of Appeals July 10, 2017 Regular Meeting Page 3 Mr. Sala stated that if the City ever deems it necessary to install a sidewalk the owner of the property will need to pay for it. Mr. Pitrone stated that this variance will be recorded with the County and will be public record. Moved by Ervin, supported by Zdzieblowski, RESOLVED, to approve case G16-0239 at 12554 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. 9. New Business a. G17-0111 Lowry, Harold D. – 33170 Morrison Court Code Enforcement Officer, Paul Geiger, stated as of today there were some changes to the property. Pictures were shown at this time. Michelle Lowry, daughter, was present. Ms. Lowry stated that she just became aware of the Ordinance meeting. She is unaware of what needs to be done. Mr. Pitrone went through the pictures with her. Mr. Ervin asked if the house was vacant. Ms. Lowry stated that her son lives there. Moved by McMartin, supported by Zdzieblowski, RESOLVED, to declare that a public nuisance exists on the property commonly known as 33170 Morrison Court and to direct the Code Official to abate the violations identified in the attached staff reports, which give rise to this finding after July 17, 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, Sala, Zdzieblowski No: None. Absent: None. Motion carried. b. G17-0116 Bisnack, Pamela – 43328 Aspen Drive Code Enforcement Officer, Paul Geiger, stated as of today there were some changes to the property. Pictures were shown at this time. Pamela Bisnack, owner, was present. Ms. Bisnack stated that she contacted a fence company and they will be out soon. Mr. Zdzieblowski asked how much time she needs. Ms. Bisnack stated she needs about seven to ten days. Mr. Sala stated that on the inspection report it states that the fence was put up backwards. The fence needs to be put up correctly. Moved by Zdzieblowski, supported by Ervin, RESOLVED, to declare that a public nuisance exists on the property commonly known as 43328 Aspen Drive and to direct the Code Official to abate the violations identified in the attached staff reports, which give rise to this finding after July 24, 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, Sala, Zdzieblowski. No: None. Absent: None. Motion carried. c. G17-0117 Breiling, Christopher – 8650 Clinton River Road Code Enforcement Officer, Paul Geiger, stated as of today there were some changes to the property. Pictures were shown at this time. No one was present for this property. Ordinance Board of Appeals July 10, 2017 Regular Meeting Page 4 Moved by Ervin, supported by Zdzieblowski, RESOLVED, to declare that a public nuisance exists on the property commonly known as 8650 Clinton River 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. d. G17-0120 Karim, Wafic & Kobayati, Amal – 38672 Faith Drive Code Enforcement Officer, Paul Geiger, stated as of today there were some changes to the property. Pictures were shown at this time. Mr. Karim, son of owner, was present. Mr. Karim stated that they had a renter in the home and they evicted him. Mr. Karim is moving in and needs more time to clean it up. Mr. Sala asked him how much time he needs. Mr. Karim stated one week. Moved by Sala, supported by Zdzieblowski, RESOLVED, to declare that a public nuisance exists on the property commonly known as 38672 Faith Drive and to direct the Code Official to abate the violations identified in the attached staff reports, which give rise to this finding after July 17, 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, Sala, Zdzieblowski. No: None. Absent: None. Motion carried. e. G17-0121 Mohiuddin, Razi – 38061 Fringe Drive Code Enforcement Officer, Paul Geiger, stated as of today there were no changes to the property. Pictures were shown at this time. Mr. Mohiuddin, son of owner, was present. Mr. Mohiuddin stated that they purchased the property on April 7, 2017. They just got possession of it on June 27th. They have a renter in there and have hired a gardener to take care of the property. Mr. Pitrone stated that the property looks terrible. Mr. Pitrone went through the pictures. He stated that the address needs to be changed, fence needs to be taken down, weeds need to be removed, lawn needs to be fixed, cracks in driveway need to be cleaned up and the bricks need to be cleaned. Mr. Mohiuddin stated that they are going to clean up the property and no one wants to have a shabby house in the neighborhood. The tenant wants to purchase the property in August. Mr. Zdieblowski asked who cuts the grass. Mr. Mohiuddin stated that the tenant cuts the grass. Mr. Sala asked if the gate could be removed and then just leave the metal posts for now. Mr. Geiger stated that they need to remove both because the fence is not in compliance. Mr. Mouhiuddin stated the he could have the landscaping done in a week and the fence in two weeks. Moved by Sala, supported by Zdzieblowski, RESOLVED, to declare that a public nuisance exists on the property commonly known as 38061 Fringe Drive and to direct the Code Official to abate the violations identified in the attached staff reports, which give rise to this finding after July 17, 2017 for nuisance growth and trash and garbage on the ground and after July 24, 2017 for removal of non-compliance fence. 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. 9. Public Participation Ordinance Board of Appeals July 10, 2017 Regular Meeting Page 5 10. Adjournment Motion by McMartin, supported by Ervin to adjourn the meeting. Yes: All. Motion carried. The meeting was adjourned at 7:55 pm Respectfully submitted. John Pitrone Juli Sala John Pitrone - Chairman Juli Sala - Secretary Ordinance Board of Appeals Ordinance Board of Appeals