Board of Ordinance Appeals I

CITY OF STERLING HEIGHTS NOTICE OF PUBLIC HEARING The Board of Ordinance Appeals held a public hearing at 7:00 p.m. on July 27, 2020 at the Sterling Heights Municipal Center, 40555 Utica Road, Sterling Heights, MI in the Community Room, 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 Mr. Ervin called the meeting to order at 7:00 p.m. Roll Call: Robert Ervin – Chairman, James Mandl, Kathleen Martin, Mike Stickney, and Julie Windhorst Michael Viazanko – Building Official Absent: None Also in attendance: Horst Hrinciuc – Code Enforcement Report from Michael Viazanko, City Liaison 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: G20-0086. Mr. Viazanko stated public hearing case G20-0074, Washburn, Chad, will be postponed. Removal of Consent Items to New Business Moved item 2 to New Business 9a. G20-0082 Hodges, Samuel – 2533 Forest Mead Drive Moved item 3 to New Business 9b. G20-0083 Furnas, Sheryl A. – 13816 Grove Park Drive Moved item 4 to New Business 9c. G20-0084 Alvis, Cathy – 42657 Prince Drive Approval of Agenda Motion by Stickney, supported by Windhorst, to approve agenda. Yes: All. Motion carried. 6. Consent Agenda Moved by Stickney, supported by Martin, RESOLVED, to approve the Consent Agenda as amended: Yes: All. Motion carried. Approval of the Minutes Regular Meeting July 13, 2020 2. G20-0076 Lanno, 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. 3. G20-0077 Ganz, Gregory & Maureen -11301 Newburg Drive RESOLVED, to declare that a public nuisance exists on the property commonly known as – 11301 Newburg 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. G20-0078 Cervi, Giusseppe & Anna -35442 Sunset Drive RESOLVED, to declare that a public nuisance exists on the property commonly known as – 35442 Sunset 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 Ordinance Appeals July 27, 2020 Regular Meeting Page 2 5. G20-0079 MGA Development, LLC -11053 Lorman Drive RESOLVED, to declare that a public nuisance exists on the property commonly known as – 11053 Lorman 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. G20-0080 Faris Yono, LLC – 36250 Ryan Road RESOLVED, to declare that a public nuisance exists on the property commonly known as – 36250 Ryan 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. 7. G20-0081 Hooven, David & Karen – 8134 Dawn Drive RESOLVED, to declare that a public nuisance exists on the property commonly known as – 8134 Dawn 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. G20-0085 Sheehan, Michael & Nancy – 12829 Jasmine Court RESOLVED, to declare that a public nuisance exists on the property commonly known as – 12829 Jasmine Court 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 G20-0063 Zakariya, Khalid/Hayam & Jan, Ran – 33810 Brookshire Drive Requesting a variance to install a 6’ privacy fence more than 10’ off the house on a corner lot along Heritage Road – no pool. The homeowner, Khalid Zakariya, was present. He explained he moved into his house last November. He said the fence is old, ugly, and damaged, He said there is no privacy because across the street there is a middle school. There have been kids trying to climb their fence and they don’t want someone to possibly get hurt. There are also a lot of cars which go by. Mr. Ervin talked about concern for visibility from pulling out from the drive. He asked that Mr. Zakariya makes sure there is an angle put on the fence for clear visibility. Ms. Windhorst asked if the link fence will be removed when the privacy fence is put up. Mr. Zakariya stated yes. Mr. Ervin asked if there was any public participation. There was none. Moved by Stickney, supported by Windhorst, RESOLVED, to approve case G20-0063 at 33810 Brookshire 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 – The fence variance approved today does not take effect until the variance paperwork is returned to the City by the applicant and a fence permit is approved, 4 –Any violation of these conditions will render the variance void. Yes: Stickney, Windhorst, Ervin, Mandl, Martin No: None. Absent: None Motion Carried. Board of Ordinance Appeals July 27, 2020 Regular Meeting Page 3 G20-0072 Morgan, Christopher and Katherine – 44188 Felstone Drive Requesting a variance to install a 6’ privacy fence more than 10’ off the house on a corner lot along Carrnation Drive- no pool. The homeowner, Christopher Morgan, was present. He is requesting to carry on what the neighbors have done with their privacy fencing. Mr. Ervin asked if any Board members had any questions. Being none, he asked if there was any public participation. There was none. Moved by Stickney, supported by Windhorst, RESOLVED, to approve case G20-0072 at 44188 Felstone 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 – The fence variance approved today does not take effect until the variance paperwork is returned to the City by the applicant and a fence permit is approved, 4 –Any violation of these conditions will render the variance void. Yes: Stickney, Windhorst, Ervin, Mandl, Martin No: None. Absent: None Motion Carried. G20-0073 LaGorio, Dennis Jr. & Tiffany – 13302 Picadilly Drive Requesting a variance to install a 6’ privacy fence more than 10’ off the house on a corner lot along Rutland Drive – no pool. The homeowner, Dennis LaGorio, Jr., was present. He stated they would like to put up a privacy fence because they have a corner lot with a detached garage and double-wide driveway. There is currently a chain link fence and they would be replacing that. He also stated in order to have the required 25 feet from the driveway, they will continue with a chain link fence. Mr. Ervin asked if any Board members had any questions. Being none, he asked if there was any public participation. There was none. Moved by Windhorst, supported by Martin, RESOLVED, to approve case G20-0073 at 13302 Picadilly 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 – The fence variance approved today does not take effect until the variance paperwork is returned to the City by the applicant and a fence permit is approved, 4 –Any violation of these conditions will render the variance void. Yes: Windhorst, Martin, Ervin, Mandl, Stickney No: None. Absent: None Motion Carried. G20-0074 Washburn, Chad – 11928 Sorrento Boulevard Requesting a variance to install a 6’ privacy fence more than 10’ off the house on a corner lot along Angus Circle – with a pool. This case was postponed during Report from City Liaison. G20-0075 Smith, Latonya – 36956 Gregory Drive Requesting a variance to install a 6’ privacy fence more than 10’ off the house on a corner lot along Metropolitan Parkway – no pool. Board of Ordinance Appeals July 27, 2020 Regular Meeting Page 4 The homeowner, Latonya Smith, was present. She stated she would like the privacy fence for extra privacy because her house is right off Metro Parkway. Also, because they have a dog. Mr. Ervin asked if any Board members had any questions. Being none, he asked if there was any public participation. There was none. Moved by Windhorst, supported by Stickney, RESOLVED, to approve case G20-0075 at 36956 Gregory 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 – The fence variance approved today does not take effect until the variance paperwork is returned to the City by the applicant and a fence permit is approved, 4 –Any violation of these conditions will render the variance void. Yes: Windhorst, Stickney, Ervin, Mandl, Martin No: None. Absent: None Motion Carried. 8. Old Business None. 9. New Business G20-0082 Hodges, Samuel – 2533 Forest Mead Drive Code Enforcement, Horst Hrinciuc, stated as of today there has been contact with the owner and have been some changes to the property. Pictures were shown at this time. Sam and Laura Hodges came to the podium. Mrs. Hodges is asking for more time. She explained they have been in Cincinnati because of their son being diagnosed with four diseases. She tried to show the Board pictures from her phone of what they have cleaned up. She said they sold the awing, pillars, and concrete blocks. They are just waiting for the person to pick them up. Mr. Ervin explained placing tarps are not a fix and asked how much time they are seeking. Mr. Hodges explained he sent pictures to Mr. Serafino and 90 percent of what was presented has been cleaned up. They are asking for a three-week extension to finish. The Hodges explained the weeds are in the back, common area, by the trees. They try to keep them at bay but it belongs to the home owners association. Mr. Stickney asked the reason they were brought before the Board last year. Mrs. Hodges stated she thinks it was for the projects they had going on and then they found out about their son’s health problems. Mr. Ervin asked for public participation. There was none. Moved by Stickney, supported by Windhorst, RESOLVED, to declare that a public nuisance exists on the property commonly known as – 2533 Forest Mead Drive and to direct the Code Official to abate the violations identified in the attached staff reports which give rise to this finding by August 10, 2020. 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: Stickney, Windhorst, Ervin, Mandl, Martin No: None. Absent: None Motion Carried. G20-0083 Furnas, Sheryl A. – 13816 Grove Park Drive Code Enforcement, Horst Hrinciuc, stated as of today there has been contact with the owner and as of today’s inspection there have been no changes to the property. Pictures were shown at this time. He explained there is no permit for the fence and it was installed improperly. Board of Ordinance Appeals July 27, 2020 Regular Meeting Page 5 Ronald Furnas came to the podium. He explained there is a permit, he just needs his mother’s driver’s license. She is out of town and he is doing everything by mail. He talked to Mr. Serafino today and told him the fence is being finished on both sides. Mr. Furnas is having trouble getting material to finish the other side. He is asking for a week once he can acquire the materials. Ms. Martin asked if he can order them from Home Depot. Mr. Furnas explained he went in to Home Depot today and asked for something he could present to the Board and they wouldn’t give him anything. Mr. Ervin asked for public participation. Tom Frederich, friend of Mr. Furnas. He asked if the neighbor obtained a permit, would that suffice until they can get the material to finish the project. Mr. Ervin stated they can only speak on the property which is before the Board. Moved by Stickney, supported by Martin, RESOLVED, to declare that a public nuisance exists on the property commonly known as –13816 Grove Park Drive and to direct the Code Official to abate the violations identified in the attached staff reports which give rise to this finding by August 15, 2020. 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: Stickney, Martin, Windhorst, Ervin, Mandl, No: None. Absent: None Motion Carried. G20-0084 Alvis, Cathy – 42657 Prince Drive Code Enforcement, Horst Hrinciuc, stated as of today there has been some improvements to the property. Pictures were shown at this time. Cathy Alvis, 24138 Catalano, Clinton Twp., came to the podium. She stated she has a tenant which lives at this address. She explained there will be a new company to take care of the lawn and landscaping in the beginning of August. Mr. Ervin asked about the dead trees. Ms. Alvis stated she had six trees removed about one year ago. She has contacted Family Tree Service to remove the dead tree, she is waiting for a price quote. Mr. Ervin asked how much time she needs to have it cleaned up. She said the landscaper said they would come August 4 th, 5th, or 6th. She is still waiting to hear back from the tree service. Mr. Ervin asked for public participation. There was none. Moved by Stickney, supported by Windhorst, RESOLVED, to declare that a public nuisance exists on the property commonly known as –42657 Prince Drive and to direct the Code Official to abate the violations identified in the attached staff reports which give rise to this finding as follows: nuisance growth by August 8, 2020, and removal of the dead trees by August 15, 2020. 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: Stickney, Windhorst, Ervin, Mandl, Martin No: None. Absent: None Motion Carried. 10. Public Participation There was no public present. 11. Adjournment Motion by Stickney, supported by Windhorst, to adjourn the meeting. Yes: All. Motion carried The meeting was adjourned at 8:01 p.m. Respectfully submitted, Robert Ervin – Chairman Julie Windhorst – Secretary Ordinance Board of Appeals Ordinance Board of Appeals