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 December 18, 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, Pat Willis - 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- 0317 & G17-0318. 4. Removal of Consent Items to New Business a. Moved item 4 to New Business 9a. G17-0319 Warrick, Krystle – 8810 Kidley Drive 5. Approval of Agenda Motion by Ervin, supported by McMartin, to approve agenda Yes: All. Motion carried. 6. Consent Agenda Moved by Stickney, supported by Zdzieblowski, RESOLVED, to approve the Consent Agenda as amended: 1. To approve the minutes of the regular meeting of November 20, 2017, as presented. 7. Public Hearing a. G17-0316 Miller Jr, Tracy & Ditulio, Cara – 11611 Eldorado Drive Fence Variance - Asking Board approval to allow a 6ft vinyl sight obscuring fence on a corner lot along Dodge Park Road. Tracy Miller Jr., owner, was present. Mr. Miller Jr. stated that they bought the home two years ago and it had a chain link fence with arborvitaes. They wanted to make it look better. Mr. Ervin stated that the lot line is one foot from the sidewalk. Mr. Ervin asked how far the fence is going back, if the new fence was going to replace the existing fence and if it would run along with the home. Mr. Miller Jr. stated, “Yes.” Mr. Pitrone asked if they will be removing the existing fence. Mr. Ervin asked if they will be putting the vinyl fence in the backyard. Mr. Miller Jr. stated he hopes in the future the neighbor will want to put a vinyl fence up together. Moved by Zdzieblowski, supported by Stickney, RESOLVED, to approve case G17- 316 at 11611 Eldorado 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. G17-0319 Warrick, Krystle – 8810 Kidley Drive Code Enforcement Officer, Pat Willis, stated as of today there were no changes to the property. Pictures were shown at this time. Jason Warrick, husband of owner, was present. Mr. Warrick stated that they are in the process of removing it. He has a few quotes and needs thirty days. Mr. Ervin stated Ordinance Board of Appeals December 18, 2017 Regular Meeting Page 2 that it is not so much as an eyesore but it is a danger to the house and the neighbors. This started in September. Mr. Warrick stated that he just moved in a year ago and has been tied up with the inside of the property. Mr. Ervin stated that the City issues should be taken care of and he is concerned about this being a danger to him and the neighbor. Mr. Warrick stated that the tree is not hanging by a thread and he will take care of it. Moved by Zdzieblowski, supported by McMartin, RESOLVED, to declare that a public nuisance exists on the property commonly known as 8810 Kidley 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. 9. Public Participation 10. Adjournment Motion by Stickney, supported by Ervin to adjourn the meeting. Yes: All. Motion carried. The meeting was adjourned at 7:15 pm Respectfully submitted. John Pitrone Ben McMartin John Pitrone - Chairman Ben McMartin - Secretary Ordinance Board of Appeals Ordinance Board of Appeals