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 January 22, 2018 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, Paul Zdzieblowski (Excused), 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 – G18- 0002, G18-0004, G18-0006 & G18-0007. 4. Removal of Consent Items to New Business a. None 5. Approval of Agenda Motion by Ervin, supported by McMartin, to approve agenda Yes: All. Motion carried. 6. Consent Agenda Moved by Ervin, supported by McMartin, RESOLVED, to approve the Consent Agenda as amended: 1. Approval of the Minutes Regular Meeting of December 18, 2017 2. G18-0003 Woelkers, Diane L. – 42056 Mendel Drive RESOLVED, to declare that a public nuisance exists on the property commonly known as 42056 Mendel 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. G18-0005 Bank of New York – 8981 Shannon Drive RESOLVED, to declare that a public nuisance exists on the property commonly known as 8981 Shannon 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. G18-0001 Kennaugh, Albert R. & Ruth A. – 38420 Hartwell Drive Fence Variance - Asking Board approval to allow a 6ft PVC sight obscuring fence on a corner lot along Plumbrook Road and a 3ft PVC sight obscuring fence in the front yard along Plumbrook Road. Richard Diet from AIS fencing was present. Mr. Diet stated that what was submitted to the City is what is installed and is in violation. Mr. Ervin stated that he went out there today and the 6ft fencing seems constructed properly and the 3ft fence is to the corner. Mr. Ervin stated that the lot line starts 1 foot inside the sidewalk. This would be on Hartwell and Plumbrook, running 25 feet up Plumbrook from the corner and also 25 feet from along Hartwell if you take those two points and draw a line between them it is a triangular area that is considered a corner clearance. No fencing is allowed in that area. The only thing that would be allowed is a landscape treatment and can’t be higher than 30 inches of a non-sight obscuring variety. Mr. Ervin stated that currently there is a sight obscuring fence in the corner clearance area. Back in July the City Planner Chris McCloud determined that a fence in the corner clearance area would need to get approval from the Zoning Board of Appeals. The Ordinance Board of Appeals can give a variance for the 6ft sight obscuring fence that is installed and the 3ft fence 25 feet back but not in the corner clearance area. Mr. Ervin stated Ordinance Board of Appeals January 22, 2018 Regular Meeting Page 2 that a landscape treatment fence can only run 16 feet in each direction. Then they could possibly add shrubs after the landscape fence. Mr. Pitrone asked if the Board could rule on any portion of the 3ft fence. Mr. Ervin stated that the Board can rule on the 3ft fence after the 25 foot corner clearance. The Board discussed different options for the property. Mr. Ervin stated that if the applicant’s calculations are correct the Board could vote for a 17ft variance regarding the 3ft fence. The front yard set-back is 30 feet back and no sight obscuring fencing is allowed without a variance on a corner lot. Moved by Ervin, supported by McMartin, RESOLVED, to approve case G18-0001 at 38420 Hartwell 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, 3- will approve the 3ft high sight obscuring fence and the 6ft high sight obscuring fence that is not in the required front yard setback along Hartwell the Board will approve it on the second front yard that sits on Plumbrook. Yes: Ervin, McMartin, Pitrone No: None. Absent: Zdzieblowski. Motion carried. 8. Old Business 9. New Business a. None 9. Public Participation 10. Adjournment Motion by McMartin, supported by Ervin to adjourn the meeting. Yes: All. Motion carried. The meeting was adjourned at 7:30 pm Respectfully submitted. John Pitrone Ben McMartin John Pitrone - Chairman Ben McMartin - Secretary Ordinance Board of Appeals Ordinance Board of Appeals