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 November 16, 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. Stickney called the meeting to order at 7:00 p.m. 2. Roll Call: Robert Ervin Chairman, 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: G20-0213, G20-0214, G20-0218, G20-0219, G20-0220, G20-0221, G20-0222, G20-0223, G20-0224, and G20- 0225. 4. Removal of Consent Items to New Business a. Moved item 4 to New Business 9a. G20-0215 Westnedge Plaza, LLC 13420-13480 Fifteen Mile Road b. Moved item 5 to New Business 9b. G20-0216 Westnedge Plaza, LLC 34851-34863 Schoenherr 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 Martin, RESOLVED, to approve the Consent Agenda as amended: Yes: All. Motion carried. 1. Approval of the Minutes Regular Meeting October 26, 2020 2. G20-0217 Nissu, Randy 11186 Lorman Drive RESOLVED, to declare that a public nuisance exists on the property commonly known as 11186 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. 3. G20-0226 Leclerc, Neil E. & Kellie S. 2520 Oakcrest Road RESOLVED, to declare that a public nuisance exists on the property commonly known as 2520 Oakcrest 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. Board of Ordinance Appeals November 16, 2020 Regular Meeting Page 2 7. Public Hearing a. G20-0212 Perry, Terri & Ricky 13964 Wales Court The homeowner, Ricky Perry, was present. He and his wife have two little girls and the neighbors behind them do not keep their yard up. They have too much traffic in and out at that. Mr. Ervin asked what the shed is used for. Mr. Perry responded things like lawn equipment. Mr. Ervin confirmed the privacy fence will just be long the back property line and will also be 25 feet back from the sidewalk. Mr. Perry answered yes. Mr. Ervin asked if the cyclone fence will be taken down in the area the privacy fence is installed. Mr. Perry explained his neighbor did not want it taken down so he will put the privacy fence up on his side. Mr. Castor asked Mr. Perry if he will be elevating the fence or providing a gap between the two fences in order to maintain the growth of weeds and grass. Mr. Perry said he will be able to get his weed whacker between it. Mr. Ervin asked for any questions from the Board. Being none, he asked for a motion. Moved by Stickney, supported by Windhorst, RESOLVED, to approve case G20-0212 at 13964 Wales Court 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. 8. Old Business None 9. New Business a. G20-0215 Westnedge Plaza, LLC 13420-13480 Fifteen Mile Road Code Enforcement Coordinator, Dana Vietto, stated as of today there has been contact with the owner multiple times and there have been some changes to the property. Pictures were shown at this time. John Abro, managing partner for the property, came to the podium. Their corporate office is at 30600 Northwestern Hwy, Farmington Hills. He explained the first citation he received for the landscaping was October 14th. He stated they took over this property about three years ago. He said the picture shown of a dumpster enclosure was actually a shed. They took off the wood structure that was falling apart. Since they have taken over the property, they hired a parking lot sweeper and the superintendent of the property picks up trash four times a week. He has spoken with the tenants of the property to keep their trash cleaned up. He has also increased his weekly GFL serv and it is from 1994. He explained with just taking over the property about three years ago, why is the city bringing up the landscaping now. Mr. Ervin explained there have been issues going on since January 2020 and it has been almost a year. He stated the dumpsters need to be in enclosures to contain the trash and debris. He also commented on the portion of the asphalt parking lot and curbs that are in disrepair. Mr. Abro stated the dumpsters were never in enclosures and asked why is it being enforced now. He also stated the neighboring center has about 12 dumpsters and none are enclosed. Mr. Ervin said they cannot speak to other properties; they have to look at the property being presented. He asked Mr. Abro what is the plan to remediate the violations? Board of Ordinance Appeals November 16, 2020 Regular Meeting Page 3 He then asked Mr. Abro if he has taken steps to correct the trash and debris, Mr. Abro answered yes. Mr. Ervin asked what has he done regarding the dumpster enclosures, Mr. Abro stated nothing. He asked what has been done about the landscaping not being in compliance. Mr. Abro stated he just received the landscape plan about two weeks ago. Mr. Ervin stated he could talk to the city planner and get direction for the enclosures and the landscaping. Mr. Ervin asked what is the plan for the portion of the parking lot and curbs in disrepair. Mr. Abro said the damaged curbing will be taken off the property. Mr. Ervin explained the curbing is part of the site plan and will have to be replaced and asked what is the time frame to correct these items. Mr. Abro said he is not replacing the curb. Mr. Ervin asked if there was any questions or comments from the Board. Mr. Castor explained the curbing is required for the parking lot and to enclose the drive isles. He understands the grade might meet it but the curb is to keep the drainage of your property so it is all confined. The curb is required to circle where there is pavement. Mr. Abro explained it is not a curb gutter it is just a curb. It is on the higher plain and the water catch basins are in the middle of the paved area. With no further comments, Mr. Ervin asked for a motion. Moved by Stickney supported by Windhorst, RESOLVED, to declare that a public nuisance exists on the property commonly known as 13420-13480 Fifteen 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. Yes: Stickney, Windhorst, Ervin, Mandl, Martin No: None. Absent: None Motion Carried. b. G20-0216 Westnedge Plaza, LLC 34851-34863 Schoenherr Road Code Enforcement Coordinator, Dana Vietto, stated as of today there has been contact with the owner and there have been no changes to the property. Pictures were shown at this time. She explained to have outdoor storage at a commercial property, you need to apply for a use permit with the city planning department. It has been discussed but as of 4 p.m. today one has not been applied for. John Abro was present. He explained the tenant has been made aware they need to apply for the use permit for outdoor sales. He also stated there is a company that picks up the pallets about four times a week but he them outside while waiting for pickup. Mr. Ervin asked if the use permit would be for outdoor sales or outdoor storage. Ms. Vietto explained it is for outdoor storage and they have been made aware to apply months ago. Mr. Stickney asked for any further comments. Being none, he asked for a motion. Moved by Windhorst supported by Stickney, RESOLVED, to declare that a public nuisance exists on the property commonly known as 34851-34863 Fifteen 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. Yes: Windhorst, Stickney, Ervin, Mandl, Martin No: None. Absent: None Motion Carried. Board of Ordinance Appeals November 16, 2020 Regular Meeting Page 4 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 7:49 p.m. Respectfully submitted, Mike Stickney acting Chairman Julie Windhorst Secretary Board of Ordinance Appeals Board of Ordinance Appeals