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 October 26, 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, James Mandl, Kathleen Martin, Mike Stickney, and Julie Windhorst Jason Castor City Development Director Absent: None 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: G20-0198, G20-0199, G20-0200, G20-0203, G20-0205, G20-0209 and G20-0211. 4. Removal of Consent Items to New Business a. Moved item 7 to New Business 9a. G20-0201 Mullamangalam, Jacob & Samuel- 5441 Plymouth Street b. Moved item 8 to New Business 9b. G20-0202 Yousif, Salam 43120 Bluejack Drive c. Moved item 14 to New Business 9c. G20-0208 Oshana, Romeo 42885 Wilmington Drive d. Moved item 16 to New Business 9d. G20-0210 Shango, Rakan 42885 Wilmington Drive 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 September 28, 2020 2. G20-0196 Schmitt, Michael J. -11166 Forrer Drive RESOLVED, to declare that a public nuisance exists on the property commonly known as 11166 Forrer 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. G20-0197 Al Masgoof Grill/Sherwood Plaza Proeprties, LLC 4197/4155 Fourteen Mile Road RESOLVED, to declare that a public nuisance exists on the property commonly known as 4197/4155 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. 4. G20-0204 Nischalke, Steven J. 13321 Roxbury Drive RESOLVED, to declare that a public nuisance exists on the property commonly known as 13321 Roxbury 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 October 26, 2020 Regular Meeting Page 2 5. G20-0206 Vettraino, Frank Jr. 5795 Heindale Street RESOLVED, to declare that a public nuisance exists on the property commonly known as 5795 Heindale Street 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. G20-0207 Marble & Granite 40498/40494 Mound Road RESOLVED, to declare that a public nuisance exists on the property commonly known as 40498/40494 Mound 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. Public Hearing a. G20-0195 Cusmano, Joseph & Robin 14100 Clinton River Road Requesting a variance approval to allow a 6ft brick privacy fence on a lot the house along Clinton River Road. The homeowners Joseph and Robin Cusmano were present. Stated their address as 14100 Clinton River Road. Mr. Cusmano stated they purchased the property 3 years ago that the house was built in 1944 and they purchased it from the original owners. He stated they are looking to put up a tree line for privacy due to the soccer field across the street and the City sidewalk right in front. He stated that people cut through their yard from the subdivision behind them to get to the soccer field. Mr. Cusmano stated they have a horseshoe driveway and people use it as a turnaround all the time. He explained they are looking to put in landscaping along with a decorative wall. Mrs. Cusmano stated they still want to have a visual line of the soccer field but break up the front with the wall and landscaping. Mr. Cusmano stated instead of a tree line they would like to break it up with a decorative masonry wall, he stated he does masonry for a living. Mrs. Cusmano stated they are not looking to close in the property with the wall. Mr. Cusmano explained that with the foot traffic on the sidewalk and the bright lights on Clinton River Road they are looking for privacy. He stated they are going to match the brick on the chimney of the house for the wall. Mr. Ervin stated the plans stated a wave wall and there are pillars in the plan. Mr. Cusmano stated they are columns. Mr. Ervin stated that the house was not homesteaded and there is a house with an iron fence on Augusta that is homesteaded, he asked if they rent out the home on Clinton River. Mr. Cusmano stated that they found out the house was going up for sale and someone was going to purchase the house and build new homes on the property. He stated he asked the owner if he could purchase the property. The house is literally located in his backyard. He stated they do not sleep there. They build an ice rink in the winter and use it as their home away from home. Mr. and Mrs. Cusmano stated they have remodeled the inside and kept it close to the original, they put a metal roof on and have made improvements to the property. They believe that the serpentine wall and the landscaping they have planned will be an improvement to the property. Mr. Walt Storrs, 5676 Martell Drive in Troy is interested in looking at the application and the drawing. Mr. Castor instructed him to go to the City to view the documents. Moved by Stickney, supported by Windhorst, RESOLVED, to approve case G20-0195, 14100 Clinton River Road 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, Ervin, Mandl, Windhorst, Martin No: None. Absent: None Motion Carried. Board of Ordinance Appeals October 26, 2020 Regular Meeting Page 3 8. Old Business None 9. New Business a. G20-0201 Mullamangalam, Jacob & Samuel- 5441 Plymouth Street Code Enforcement Coordinator, Dana Vietto, stated as of today there has been no contact from the owner and there have been some changes to the property. Pictures were shown at this time. Samuel Mullamangalam was present. He stated the issues are because he was hospitalized for 15 20 days and was unable to do the work. He is still unable to do the work because he is not well. His wife has arthritis and cannot do the work. He stated he will get his son to do it in the next couple weeks or he will have it arranged to be done. Mr. Ervin asked how long he would need. Mr. Mullamangalam requested a month because he is still not healthy enough to do the work. Mr. Stickney asked who lived in the property. Mr. Mullamangalam stated the property is vacant. Ms. Windhorst asked what the long term goal for keeping up the property was. Mr. Mullamangalam stated the house was for his son but he got transferred to Chicago for work. He is thinking about renting the property but is not sure at this time. Moved by Stickney, supported by Windhorst, RESOLVED, to declare that a public nuisance exists on the property commonly known as 5441 Plymouth Street and to direct the Code Official to abate the violations identified in the attached staff reports which give rise to this finding November 9, 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. b. G20-0202 Yousif, Salam 43120 Bluejack Drive Code Enforcement Coordinator, Dana Vietto, stated as of today there has been no contact with the owner and there have been some changes to the property. Pictures were shown at this time. Yousif Salam the homeowner was present. He stated he had someone to give an estimate and they did not show up. He stated he needs some time, he will fix it. Mr. Stickney asked when he had called someone to come out. Mr. Salam stated he called someone three weeks ago and he never showed up. Mr. Salam stated he is an electrical contractor. Ms. Martin asked if he is a contractor why know someone to contact. Mr. Salam stated he had someone a few years ago but could not afford it. Mr. Ervin asked for any further comments. Being none, he asked for a motion. Moved by Stickeny, supported by Windhorst, RESOLVED, to declare that a public nuisance exists on the property commonly known as 43120 Bluejack Drive and to direct the Code Official to abate the violations identified in the attached staff reports which give rise to this finding November 9, 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. c. G20-0208 Oshana, Romeo 42885 Wilmington Drive Code Enforcement Coordinator, Dana Vietto, stated as of today there has been no contact with the owner and there have been some changes to the property. Pictures were shown at this time. Maureen was present, 42885 Wilmington Drive. Nisreen Zora was present 56110 Shelby Township and is there to help with the language barrier. Maureen stated she lives in the property but she does not own it. She stated the owner is in Toronto, Canada. She stated she Board of Ordinance Appeals October 26, 2020 Regular Meeting Page 4 Ms. Zora stated her parents have dementia and she cannot leave often. She stated she cannot get anyone out to fix the other issues because of COVID19. She asked if the City could help her. Mr. Ervin asked if Ms. Zora could help her and she stated no. Mr. Ervin explained the City has a contractor that will do the work but it will be costly. Maureen and Ms. Zora conversed in a different language. Ms. Zora asked for a period of time to find someone. Ms. Martin asked if she paid a landscaper. Maureen stated yes, she paid a landscaper. Mr. Ervin asked for any further comments. Being none, he asked for a motion. Moved by Stickney, supported by Windhorst, RESOLVED, to declare that a public nuisance exists on the property commonly known as 42885 Wilmington 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: Stickney, Windhorst, Ervin, Mandl, Martin No: None. Absent: None Motion Carried. d. G20-0210 Shango, Rakan 4108 Anthony Drive Code Enforcement Coordinator, Dana Vietto, stated as of today there has been no contact with the owner and there have been some changes to the property. Pictures were shown at this time. The homeowner Rakan Shango was present. He stated that his ex-wife and children live in the home. He stated he has been unable to go to the home for the last 4 or 5 months because of family issues with his parents. He stated his kids did not give him the violation letters and he had no knowledge of the violations. Ms. Martin mentioned the vent that is open needs to be fixed because birds can get into the home. Mr. Rango stated he is aware of the issues. He stated he is living with his Dad right now and had he known about the issues he would have fixed them. Ms. Windhorst asked how much time he needs to fix the issues. Mr. Shango stated 2 weeks. Mr. Ervin asked for any further comments. Being none, he asked for a motion. Moved by Windhorst, supported by Martin, RESOLVED, to declare that a public nuisance exists on the property commonly known as 4108 Anthony Drive and to direct the Code Official to abate the violations identified in the attached staff reports which give rise to this finding November 9, 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: Windhorst, Martin, Ervin, Mandl, Stickney 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 7:55 p.m. Respectfully submitted, Robert Ervin - Chairman Julie Windhorst Secretary Board of Ordinance Appeals Board of Ordinance Appeals