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 September 14, 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 1. Mr. Ervin called the meeting to order at 7:00 p.m. 2. Roll Call: Robert Ervin Chairman, James Mandl, Justin Smith, Mike Stickney, and Julie Windhorst Jason Castor City Development Director Absent: Kathleen Martin Also in attendance: Dana Vietto Code Enforcement Coordinator 3. Report from Jason Castor, City Liaison items from the consent agenda as they have been cleaned up prior to the meeting: G20-0148, G20-0153, G20-0155, G20-0157, and G20-0158. 4. Removal of Consent Items to New Business a. Moved item 3 to New Business 9a. G20-0149 Vanlacken, Christine -33022 Brownlea Drive b. Moved item 6 to New Business 9b. G20-0152 Thomas, Bassam 14107 Wedgewood Road c. Moved item 8 to New Business 9c. G20-0154 Mikha, Ihssan 37027 Hacker Drive d. Moved item 13 to New Business 9d G20-0159 Texter, Robert & Linda 13201 Churchill Drive e. Moved item 14 to New Business 9e G20-0160 Godlewski, Joshua 8600 Clinton River Road 5. Approval of Agenda Motion by Stickney, supported by Windhorst, to approve agenda. Yes: All. Motion carried. 6. Consent Agenda Moved by Stickney, supported by Windhorst, RESOLVED, to approve the Consent Agenda as amended: Yes: All. Motion carried. 1. Approval of the Minutes Regular Meeting August 24, 2020 2. G20-0150 Dhar, Debu & Mousumi 4512 Gunther Drive RESOLVED, to declare that a public nuisance exists on the property commonly known as 4512 Gunther 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. G20-0151 Petrus, Wasem -4432 Little John Drive RESOLVED, to declare that a public nuisance exists on the property commonly known as 4432 Little John 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. G20-0156 Zedan, Elias T. 37642 Maas Drive RESOLVED, to declare that a public nuisance exists on the property commonly known as 37642 Maas 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 September 14, 2020 Regular Meeting Page 2 6. Public Hearing a. G20-0161 Shields, David 2611 Winston Drive Pall Mall Drive no pool. The homeowner, David Shields, was present. He explained he wants to replace the existing wood fence and provide the rest of his backyard with privacy. Mr. Ervin asked if it will be going in where the old fence was. Mr. Shields answered no, there will be a 25-foot change which will make it away from the street more. Mr. Ervin asked if there will be a 25-foot corner clearance on Mr. Ervin asked for any comments or questions from the Board members. Being none, he asked for public participation. Joseph White, neighbor to this property, came to the podium. He stated it will be a safety explained Mr. Shields needs to create a corner clearance and he has done that on his submitted drawings. Mr. White said if he is replacing the current fence, he feels it would be fine. Moved by Stickney, supported by Windhorst, RESOLVED, to approve case G20-0161 at 2611 Winston Dr. 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, Smith No: None. Absent: Martin Motion Carried. 8. Old Business a. G20-0074 Washburn, Chad 11928 Sorrento Boulevard along Angus Circle with a pool. The homeowner, Chad Washburn, came to the podium. Lisa Cardillo was also present. He explained they moved into their home right before businesses where shut down due to the pandemic. Because the previous fence was in disrepair and there were safety concerns, they had Washburn answered yes. Mr. Ervin asked for any comments or questions from the Board members. Being none, he asked for public participation. There was none. Moved by Stickney, supported by Windhorst, RESOLVED, to approve case G20-0074 at 11928 Sorrento Boulevard 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, Smith No: None. Absent: Martin Motion Carried. Board of Ordinance Appeals September 14, 2020 Regular Meeting Page 3 9. New Business a. G20-0149 Vanlacken, Christine -33022 Brownlea Drive Code Enforcement Coordinator, Dana Vietto, stated as of today there has been contact with the owner and there have been changes to the property. Pictures were shown at this time. The homeowner, Christine Vanlacken, was present. She explained her daughter lives in the house. At the time of the first inspection, she was eight months pregnant with a one year old. Ms. Vanlacken helped her in cleaning up the weeds, but stated there is more to do and asked for another week to complete it. Mr. Ervin asked for any comments or questions from the Board members. Being none, he asked for public participation. There was none. Moved by Windhorst, supported by Stickney, RESOLVED, to declare that a public nuisance exists on the property commonly known as 34911 Van Dyke and to direct the Code Official to abate the violations identified in the attached staff reports which give rise to this finding on September 21st. 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: Windhorst, Stickney, Ervin, Mandl, Smith No: None. Absent: Martin Motion Carried. b. G20-0152 Thomas, Bassam 14107 Wedgewood Road Code Enforcement Coordinator, Dana Vietto, stated as of today there has been contact with the owner and there have been some changes to the property. Pictures were shown at this time. was part of the notice. He stated he would take care of it. Mr. Ervin asked for any comments or questions from the Board members. Mr. Stickney asked Mr. Thomas how much time he needed to take care of it. Mr. Thomas asked for a couple days. Mr. Ervin asked for any further comments or questions from the Board members. Being none, he 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 14107 Wedgewood Road and to direct the Code Official to abate the violations identified in the attached staff reports which give rise to this finding by September 18th. 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, Smith No: None. Absent: Martin Motion Carried. c. G20-0154 Mikha, Ihssan 37027 Hacker Drive Code Enforcement Coordinator, Dana Vietto, stated as of today there has been contact from the owner and there have been some changes to the property. Pictures were shown at this time. rental properties. They have been in contact with the renters and they went to the property today to make sure it was cleaned up. He asked for a couple days to get a second inspection Mr. Ervin asked for any comments or questions from the Board members. Being none, he asked for public participation. There was none. Board of Ordinance Appeals September 14, 2020 Regular Meeting Page 4 Moved by Stickney, supported by Windhorst, RESOLVED, to declare that a public nuisance exists on the property commonly known as 37027 Hacker Drive and to direct the Code Official to abate the violations identified in the attached staff reports which give rise to this finding on September 15th. 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, Smith No: None. Absent: Martin Motion Carried. d. G20-0159 Texter, Robert & Linda 13201 Churchill Drive Code Enforcement Coordinator, Dana Vietto, stated as of today there has been contact from the owner and there have been some changes to the property. Pictures were shown at this time. Steven and Rose Tanner were present. They are the neighbors representing Ms. Texter who is in Florida taking care of a family member. six to eight weeks before they can get the parts needed. They have helped clean things up and can have the siding done in about a week if weather permits. Mr. Ervin asked for any comments or questions from the Board members. Being none, he 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 13201 Churchill Drive and to direct the Code Official to abate the violations identified in the attached staff reports which give rise to this finding; painting of the trim by September 21st and the replacement or repair of the garage door by October 26th. 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, Smith No: None. Absent: Martin Motion Carried. e. G20-0160 Godlewski, Joshua 8600 Clinton River Road Code Enforcement Coordinator, Dana Vietto, stated as of today there has been contact with the owner and there have been some changes to the property. On January 6, 2020 they were sited for working without a permit for the addition and the building permit which was applied for February 2020, was denied by the building department. It has not been rectified. Pictures were shown at this time. The homeowner, Josh Godlewski, was present. He explained he is renovating the house. Funds became an issue and because of the pandemic, the banks were not giving loans for renovations. e property and said he would completed until the porch is done. He explained he did not put on an addition but altered the existing addition. Mr. Ervin asked if anyone is residing in the home. Mr. Godlewski said not at this time, when it is done it will be his home. Mr. Castor suggested the homeowner contact the building inspector in regards to the permit. Mr. Godlewski said the hole in the exterior should be finished tomorrow. Mr. Ervin asked for any comments or questions from the Board members. Mr. Stickney asked if he has the siding or is he waiting for it. Mr. Godlewski said the siding is in the box but the porch has to be put on first. There was no public participation. Board of Ordinance Appeals September 14, 2020 Regular Meeting Page 5 Moved by Stickney, supported by Windhorst, RESOLVED, to declare that a public nuisance exists on the property commonly known as 8600 Clinton River Road and to direct the Code Official to abate the violations identified in the attached staff reports which give rise to this finding; trailer illegally parked, outdoor storage, trailer on grass, open hole in exterior wall, firewood improperly stored, trash and debris, and fence in disrepair by September 30th and the roof in disrepair and missing siding by October 26th. 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, Smith No: None. Absent: Martin 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 7:50 p.m. Respectfully submitted, Robert Ervin Chairman Julie Windhorst Secretary Board of Ordinance Appeals Board of Ordinance Appeals