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 November 20, 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, Benjamin McMartin- Secretary, Robert Ervin, Michael Stickney, Paul Zdzieblowski, Jason Castor Interim City Development Director, Horst Hrinciuc - 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- 0294, G17-295, G17-0303, G17-0305, G17-0306 & G17-0313. 4. Removal of Consent Items to New Business a. Moved item 7 to New Business 9a. G17-0297 Partners for Payment Relief – 33538 Cornelissen Drive b. Moved item 17 to New Business 9b. G17-0307 Talbert, Richard & Laurie M. – 39663 Parklawn Drive c. Moved item 21 to New Business9c. G17-0311 Delavan, Jennifer – 3118 Albany Drive d. Moved item 22 to New Business 9d. G17-0312 Gorgees, Karm – 37620 Douglas Court 5. Approval of Agenda Motion by Stickney, supported by McMartin, to approve agenda Yes: All. Motion carried. 6. Consent Agenda Moved by Zdzieblowski, supported by McMartin, RESOLVED, to approve the Consent Agenda as amended: 1. G17-0292 Salim, Noor – 35738 Lana Lane RESOLVED, to declare that a public nuisance exists on the property commonly known as 35738 Lana Lane 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. G17-0293 Sherfield, Larry – 36757 Vine Drive RESOLVED, to declare that a public nuisance exists on the property commonly known as 36757 Vine 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. G17-0296 Zarzycki, Frank A. – 33860 Coachwood Drive RESOLVED, to declare that a public nuisance exists on the property commonly known as 33860 Coachwood 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. G17-0298 Verhagen, Jr., Frank – 4755 Fourteen Mile Road RESOLVED, to declare that a public nuisance exists on the property commonly known as 4755 Fourteen 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. Ordinance Board of Appeals November 20, 2017 Regular Meeting Page 2 5. G17-0299 Jobe, Donald – 33319 Ione Drive RESOLVED, to declare that a public nuisance exists on the property commonly known as 33319 Ione 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. G17-0300 Christopher, Irene & Sprague, Jason – 33027 Morrison Drive RESOLVED, to declare that a public nuisance exists on the property commonly known as 33027 Morrison 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. G17-0301 Siterlet, Daniel, Daniel & Jeffrey – 12679 Denoter Drive RESOLVED, to declare that a public nuisance exists on the property commonly known as 12679 Denoter 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. 8. G17-0302 Lannoo, George & Alice – 40614 Colony Drive RESOLVED, to declare that a public nuisance exists on the property commonly known as 40614 Colony 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. 9. G17-0304 Jarjees, Sadeer – 13916 Diversion Drive RESOLVED, to declare that a public nuisance exists on the property commonly known as 13916 Diversion 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. 10. G17-0308 Barsoon, LLC – 39165 University Drive RESOLVED, to declare that a public nuisance exists on the property commonly known as 39165 University 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. 11. G17-0309 38110 Van Dyke, LLC – 38110 Van Dyke/38120 Van Dyke RESOLVED, to declare that a public nuisance exists on the property commonly known as 38110 Van Dyke/38120 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. 12. G17-0310 DeMascio, Mary M., Trustee – 13041 Concord Drive RESOLVED, to declare that a public nuisance exists on the property commonly known as 13041 Concord 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 Board of Appeals November 20, 2017 Regular Meeting Page 3 ordinance. 13. G17-0314 Wardwell, Sr., John & Baron, Jill R. – 3215 Metropolitan Parkway RESOLVED, to declare that a public nuisance exists on the property commonly known as 3215 Metropolitan Parkway 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. G17-0291 Fiebelkorn, Janelle Lynn – 40278 Diane Drive Fence Variance - Asking Board approval to allow a 6ft wood sight obscuring fence on a corner lot along William Drive Jeff Fiebelkorn, dad of owner, was present. Mr. Fiebelkorn stated that they put it up without the angle for clearance. They have put it at an angle for sight clearance. Mr. Ervin asked if a company put up the fence or the homeowners. Mr. Fiebelkorn stated that they put up the fence. Mr. Ervin wanted him to know that he is here because he has two front yards and a sight obscuring fence can’t be put up without a variance. Mr. Fiebelkorn stated that Bob Earley the inspector came out and recommended that the fence be at an angle for sight clearance and then apply for a variance. Moved by Zdzieblowski, supported by McMartin, RESOLVED, to approve case G17- 291 at 40278 Diane 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, Stickney, Zdzieblowski No: None. Absent: None. Motion carried. 8. Old Business 9. New Business a. G17-0297 Partners for Payment Relief – 33538 Cornelissen Drive Code Enforcement Officer, Horst Hrinciuc, stated as of today there were no changes to the property. Pictures were shown at this time. Dolores Meerschaert, neighbor, was present. No one was present for the property. Ms. Meerschaert stated that the home has been empty for three years and the neighbors keep up the property. The landscaper doesn’t cut the grass unless it is very long and he leaves clippings all over. She personally cleans up the leaves so they do not go into her yard. Moved by Ervin, supported by Zdzieblowski RESOLVED, to declare that a public nuisance exists on the property commonly known as 33538 Cornelissen 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. Yes: Ervin, McMartin, Pitrone, Stickney, Zdzieblowski No: None. Absent: None. Motion carried. b. G17-0307 Talbert, Richard & Laurie M. – 39663 Parklawn Drive Code Enforcement Officer, Horst Hrinciuc, stated as of today there were no changes to the property. Pictures were shown at this time. Richard Talbert, owner, was present. Mr. Talbert stated he was out of work for a long time and needs a couple of months to clean it up. Mr. Pitrone stated that in 2015 he was in front of the Board. Mr. Zdzieblowski asked how long he needs to fix the Ordinance Board of Appeals November 20, 2017 Regular Meeting Page 4 property. Mr. Talbert stated with the weather cooperating it won’t take long. He needs to hire someone for the roof and will demolish the shed. Mr. McMartin stated that he has the gutters and just needs to put them up, he can patch job the shed for right now. Mr. Pitrone stated it is up to the homeowner to fix the shed or demolish it. Moved by Zdzieblowski, supported by Stickney, RESOLVED, to declare that a public nuisance exists on the property commonly known as 39663 Parklawn Drive and to direct the Code Official to abate the violations identified in the attached staff reports, which give rise to this finding after December 5, 2017 and the roof after December 21, 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, Stickney, Zdzieblowski No: None. Absent: None. Motion carried. c. G17-0311 Delavan, Jennifer – 3118 Albany Drive Code Enforcement Officer, Horst Hrinciuc, stated as of today there were some changes to the property. Pictures were shown at this time. Alex Delavan, owner, was present. Mr. Delavan stated that he added the number to the house and cleaned up the debris in the yard. He tried to move the pallet but it was too heavy. He needs one week to get it all cleaned up. Mr. Stickney asked when the address was put on. Mr. Delavan stated this afternoon. Mr. Delavan stated that he posted the bricks on face book and a friend will pick them up tomorrow. Moved by McMartin, supported by Zdzieblowski, RESOLVED, to declare that a public nuisance exists on the property commonly known as 3118 Albany Drive and to direct the Code Official to abate the violations identified in the attached staff reports, which give rise to this finding after November 22, 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, Stickney, Zdzieblowski No: None. Absent: None. Motion carried. d. G17-0312 Gorgees, Karm – 37620 Douglas Court Code Enforcement Officer, Horst Hrinciuc, stated as of today there were no changes to the property. Pictures were shown at this time. Mr. Gorgees, brother of owner, was present. The owner doesn’t speak English. Mr. Gorgees stated that some of the issues were taken care of today. He needs a week to take care of everything. There are three boys that live there and everyone works. Mr. McMartin stated that this is one of those that can be picked up and put in the garbage and out of sight. Mr. Gorgees stated that they took out 80 trees last summer and this summer they will take care of the grass. They will fix the fence. Moved by Ervin, supported by Zdzieblowski, RESOLVED, to declare that a public nuisance exists on the property commonly known as 37620 Douglas Court and to direct the Code Official to abate the violations identified in the attached staff reports, which give rise to this finding after November 27, 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, Stickney, Zdzieblowski No: None. Absent: None. Motion carried. 9. Public Participation 10. Adjournment Motion by Stickney, supported by Zdzieblowski to adjourn the meeting. Yes: All. Motion carried. The meeting was adjourned at 7:42 pm Ordinance Board of Appeals November 20, 2017 Regular Meeting Page 5 Respectfully submitted. John Pitrone Ben McMartin John Pitrone - Chairman Ben McMartin - Secretary Ordinance Board of Appeals Ordinance Board of Appeals