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 September 25, 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, Jason Castor Interim City Development Director, Paul Geiger - Code Enforcement Officer, Dana Vietto – Recording Secretary 3. Report from City Liaison – Jason Castor 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- 0240, & G17-0242. 4. Removal of Consent Items to New Business a. Moved item 2 to New Business 9a. G17-0238 Public Storage Inc. – 36260 Van Dyke b. Moved item 3 to New Business 9b. G17-0239 Garmo, Ayad & Randy – 40246 Langton Drive c. Moved item 8 to New Business 9c. G17-0244 Shakir, Hana – 5480 Nathan East d. Moved item 9 to New Business 9d. G17-0245 Backus, Jr., Louis – 7415 Seventeen Mile Road 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 Zdzieblowski, RESOLVED, to approve the Consent Agenda as amended: 1. G17-0241 Shaba, Majid & Bola, Dhamia – 39043 Quinn Drive RESOLVED, to declare that a public nuisance exists on the property commonly known as 39043 Quinn 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. G17-0243 Bahri, Jalal & Nazhat – 5533 Paris Drive RESOLVED, to declare that a public nuisance exists on the property commonly known as 5533 Paris 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. G17-0246 Snitchler, Arthur – 39828 Valiant Drive RESOLVED, to declare that a public nuisance exists on the property commonly known as 39828 Valiant 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. G17-0229 Phelps, Dale J. – 44119 Carrnation Drive Fence Variance - Asking Board approval to allow a 6ft vinyl privacy fence on a corner lot along Felstone Drive Dawn Phelps, owner, was present. Ms. Phelps stated that she has a corner lot and wants to put a 6 foot vinyl privacy fence along Felstone Drive. Her neighbors’ driveway faces the other way so it will not be a sight obstruction problem. Mr. Pitrone asked  Ordinance Board of Appeals September 25, 2017 Regular Meeting Page 2 what color the fence will be and if the cyclone fence will be coming down. Ms. Phelps stated that the fence will be white and the cyclone fence will be coming down. Mr. Pitrone stated that he was at the property today and has no issues with it. Ms. Phelps stated that the three foot landscaping fence will have flowers on each side to prevent people from walking through her yard. Mr. Ervin asked what the highest landscape fence is allowed in the City. Mr. Geiger stated a minimum of three feet. Moved by McMartin, supported by Zdzieblowski, RESOLVED, to approve case G17- 229 at 44119 Carrnation 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 r 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 earing 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. b. G17-0237 Yako, Amer – 33873 Clifton Drive Fence Variance – Asking Board approval for a 6ft PVC privacy fence on a corner lot along Tarry Drive Amer Yako, owner, was present. Mr. Yako stated that the purpose of the fence is for safety for the kids. Mr. Pitrone asked if the cyclone fence was coming down. Mr. Sala asked if he was removing the existing fence. Mr. Yako stated, “Yes.” Mr. McMartin stated the fence will be at a 25 foot angle by neighbors’ driveway. Mr. Yako stated, “Yes.” Mr. Pitrone asked if cutting the fence 25 feet is the best use for his backyard space. Mr. Pitrone stated that the existing fence is about 12 feet back from driveway now. Mr. McMartin stated that the variance could be for 20 feet back from the corner of the neighbors’ driveway. Mr. Amer stated that he can go 25 feet or 8 feet from his property line which will give him a 20 foot clearance. Moved by McMartin, supported by Ervin, RESOLVED, to approve case G17-0237 at 33873 Clifton 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 r 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 earing are found to be correct and that the conditions upon which the motion is based are maintained as presented to the Board, 3- the sight angle at northwest corner will be set 20 eet from neighbors’ driveway. Yes: Ervin, McMartin, Pitrone, Sala, Zdzieblowski No: None. Absent: None. Motion carried. 8. Old Business 9. New Business a. G17-0238 Public Storage Inc. – 36260 Van Dyke Code Enforcement Officer, Paul Geiger, stated as of today there were some changes to the property. Pictures were shown at this time. Destiny Emerson, representative, was present. Ms. Emerson stated that they started on Saturday once they got approval and they are working on it today. Mr. Pitrone asked if the rusty pole on the ground was taken care of. Ms. Emerson stated, “Yes.” Moved by Ervin, supported by McMartin RESOLVED, to declare that a public nuisance exists on the property commonly known as 36260 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 October 2, 2017. The Board also authorizes and approves the Ordinance Board of Appeals September 25, 2017 Regular Meeting Page 3 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. G17-0239 Garmo, Ayad & Randy – 40246 Langton Drive Code Enforcement Officer, Paul Geiger, stated as of today there were no changes to the property. Pictures were shown at this time. Randy Garmo, owner, was present. Mr. Garmo stated that he moved here in July and his mother seen strangers in the yard at night so they changed the lights to be brighter for protection. Mr. Garmo stated that it does not affect the neighbors and no one has complained. Mr. Pitrone stated that anyone can complain. These lights are bright LED lights. It is too intense and too bright. The Boards position is to remove a nuisance condition. Mr. Garmo stated that the lights are only lighting up his house. Mr. Pitrone stated that it is way over lit and it lights up the neighbors and backyard. Mr. Sala stated that in the inspection report it states that the owner came to the counter and stated that he is not removing the lights and the City can take him to court. Mr. Geiger stated that this is before the Board because it needs to be ruled a nuisance condition and it will probably go to court. Mr. Garmo asked if he could turn off the side lights. Mr. Ervin stated that houses usually have a porch light and carriage lights on the garage. A motion sensor light in the backyard might be a good idea. These lights are just overboard. Mr. Pitrone stated that it is lit up like a gas station. Mr. Sala stated that the lights should be turned off until the nuisance date. Mr. Pitrone stated that he liked the idea of motion sensors and asked how long the lights have been on. Mr. Geiger stated about a month and light can’t go off of the property. Mr. McMartin stated that Mr. Garmo has two weeks and needs to get with the City to figure out the right balance of lighting. If that is not done in two weeks the City will take care of it. Moved by Sala, supported by McMartin, RESOLVED, to declare that a public nuisance exists on the property commonly known as 40246 Langton Drive and to direct the Code Official to abate the violations identified in the attached staff reports, which give rise to this finding after October 9, 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. G17-0244 Shakir, Hana – 5480 Nathan East Code Enforcement Officer, Paul Geiger, stated as of today there were no changes to the property. Pictures were shown at this time. Frank Hana, representative, was present. Mr. Hana stated that the engineer is working on a split for the property. The lady is looking to move out and plans on demolishing the house, they have a lease until the end of the year. Mr. Pitrone clarified that there are renters in the house until the end of the year and then they will demolish the house. Mr. Zdzieblowski stated that the pictures today show lots of newspapers and nuisance growth. Mr. McMartin stated that it is hard for the Board to postpone this for four months. Mr. Pitrone asked how long the tenant has been in the property. Mr. Hana stated eight months and the owner wants them out. Mr. Ervin stated that no permits have been issued for a demolition. There is still people living there and there are still items that need to be addressed. Mr. Zdzieblowski stated that he would be in favor of one week since they have had since May. Moved by Zdzieblowski, supported by Sala, RESOLVED, to declare that a public nuisance exists on the property commonly known as 5480 Nathan East and to direct the Code Official to abate the violations identified in the attached staff reports, which give rise to this finding after October 9, 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. Ordinance Board of Appeals September 25, 2017 Regular Meeting Page 4 Yes: Ervin, McMartin, Pitrone, Sala, Zdzieblowski No: None. Absent: None. Motion carried. d. G17-0245 Backus, Jr., Louis – 7415 Seventeen Mile Road Code Enforcement Officer, Paul Geiger, stated as of today there were no changes to the property. Property owner sent an email to the Board asking for more time. Pictures were shown at this time. No one was present. Mr. Pitrone read the owners’ email asking for more time. Mr. Ervin stated that he is cleaning up a construction yard and is that use even allowed there. Mr. Geiger stated that he is not allowed to have outdoor storage there. Mr. Sala asked if there is a building on the property. Mr. Geiger stated that the back part of the property has no structure but there are 3 homes on the same parcel. Mr. Sala stated that this property has had previous OBA’s and this has been going on too long. There is no use allowed and the property owner is not present. Mr. McMartin stated that he feels the same way. Joe Judnick, resident of Sterling Heights, was present. Mr. Judnick stated that he would like to say this has been going on too long. He isn’t even here tonight and no explanation. He owns the car wash and has a City contract so he has the money. Mr. Judnick would only be in favor of an immediate abatement. Moved by Sala, supported by Zdzieblowski RESOLVED, to declare that a public nuisance exists on the property commonly known as 7415 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. Yes: Ervin, McMartin, Pitrone, Sala, Zdzieblowski No: None. Absent: None. Motion carried. 9. Public Participation a. Joe Judnick, 36 year resident, was present. Mr. Judnick stated that he went before council and didn’t get an answer. He lives on Nineteen ½ Mile Road and Merrill Road. On the west side of Merrill Road is all residential. The east side is industrial. These buildings were built with berms to hide factories. Mr. Judnick showed the Board pictures of Latan Industries and stated that they pulled the berm out and now has access in two directions and they poured a driveway. Mr. Judnick wanted to know if they got an approval to do this from the City. Mr. Pitrone asked Mr. Judnick if Mr. Castor could have the pictures and then look over them. Mr. Judnick stated that he made complaints on Popular Drive owned by Phil Ruggiero in July. There are lots of nuisance issues and nothing has been done. He has owned it for over ten years and says it will be torn down but keeps rezoning it and has never built anything on it. Thank you for your time. 10. Adjournment Motion by Ervin, supported by Sala to adjourn the meeting. Yes: All. Motion carried. The meeting was adjourned at 8:24 pm Respectfully submitted. John Pitrone Ben McMartin John Pitrone - Chairman Secretary Ordinance Board of Appeals Ordinance Board of Appeals