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 April 26, 2021 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, Kathleen Martin, Mike Stickney, and Julie Windhorst Jason Castor Building Official Absent: None Also in attendance: Dana Vietto Code Enforcement Coordinator 3. Report from Jason Castor, City Liaison following items from the consent agenda as they have been cleaned up prior to the meeting: G21-0027, G21-0030, G21-0032 and G21-0033. 4. Removal of Consent Items to New Business a. Moved item 4 to New Business 9a. G21-0026 KZS Development, LLC 33111 Schoenherr Road b. Moved item 7 to New Business 9b. G21-0029 Williams, Andrew 5500 Noll Street 5. Approval of Agenda Motion by Stickney, supported by Martin, 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 March 22, 2021 2. G21-0024 Richardson, Yara 13973 Renfrew Court RESOLVED, to declare that a public nuisance exists on the property commonly known as 13973 Renfrew 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. 3. G21-0025 Expo Properties LLC 11700 Fifteen Mile Road RESOLVED, to declare that a public nuisance exists on the property commonly known as 11700 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. 4. G21-0028 Asmar Commercial Properties Inc. 37771-37923 Mound Road RESOLVED, to declare that a public nuisance exists on the property commonly known as 37771-37923 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. Board of Ordinance Appeals April 26, 2021 Regular Meeting Page 2 5. G21-0031 Fehrenbach, Christopher & Jessica 11695 Nineteen Mile Road RESOLVED, to declare that a public nuisance exists on the property commonly known as 11695 Nineteen 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. 6. G21-0034 I.N.D. Property Investment, LLC 36865 Ryan Road RESOLVED, to declare that a public nuisance exists on the property commonly known as 36865 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. Public Hearing a. G21-0021 Dalusung, Marcos & Evelyn 11040 Lorman Drive house on a corner lot along Amsterdam Drive no pool. The homeowner, Evelyn Dalusung, was present. She is requesting a variance for a privacy fence because of their dog and to have more privacy. Mr. Ervin asked Ms. Dalusung if she has a cyclone fence now; she answered yes. Mr. Ervin inquired if the privacy fence will be all around the property. Ms. Dalusung indicated it will only be on one side. Mr. Ervin clarified it would come out from the side of the garage then head down along the side of the backyard. Mr. Stickney asked if the fence goes out to the sidewalk, would it be a sight issue. Ms. issues. Mr. Ervin asked for any further comments or questions from the Board members. Being none, he asked for public participation. Being none, he asked for a motion. Moved by Stickney, supported by Windhorst, RESOLVED, to approve case G21-0021 at 11040 Lorman 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. b. G21-0022 Hasnat, Abul 38659 Sturbridge Drive house on a corner lot along Charity Drive no pool. Mr. Ervin asked for a motion to postpone. Motion by Mr. Stickney, supported by Ms. Martin, to POSTPONE case G21-0022 Hasnat, Abul 38659 Sturbridge Drive. Yes: All. Motion carried. Board of Ordinance Appeals April 26, 2021 Regular Meeting Page 3 c. G21-0023 Marko, Christopher 43548 Chesterfield Drive house on a corner lot along Canal Road no pool. The homeowner, Christopher Marko, was present. He is requesting a variance because Canal is a main road, they would like privacy for their kids and they are also making updates to the house. Mr. Ervin asked if the new fence will be in the same location as the cyclone fence. Mr. Marko answered yes. Ms. Windhorst asked if the cyclone fence will be coming down. Mr. Marko answered yes. Mr. Ervin asked for any further comments or questions from the Board members. Being none, he asked for public participation. Being none, he asked for a motion. Moved by Stickney, supported by Windhorst, RESOLVED, to approve case G21-0023 at 43548 Chesterfield 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. 8. Old Business None 9. New Business a. G21-0026 KZS Development, LLC 33111 Schoenherr Road Code Enforcement Coordinator, Dana Vietto, stated as of today there has been contact with the owner but there have been no changes to the property. Pictures were shown at this time. Sudaid Yatooma and Kareem Jarbo, owners of the building, were present. Mr. Jarbo indicated there is not enough room to put 10 trees. He also indicated if they did put in 10 trees in the small berm area, it would cover the front of the store. Mr. Ervin explained they need to get a landscape plan submitted to the city for approval. Mr. Jarbo indicated he has already talked to a couple landscapers and cannot get anyone to come out. Mr. Ervin suggested they call the city planner and meet with him to find out what they can do. Mr. Ervin asked if there was any questions or comments from the Board. Being none, he asked for public participation. Being none, he asked for a motion. Moved by Stickney supported by Martin, RESOLVED, to declare that a public nuisance exists on the property commonly known as 33111 Schoenherr 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 Board of Ordinance Appeals April 26, 2021 Regular Meeting Page 4 b. G21-0029 Williams, Andrew 5500 Noll Street 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. Andrew Williams, the homeowner, was present. He explained he took in his two young kids to care for them and had a brother living with him who just moved out. He tried to fix the trim but will have to put in studs to fix it. He explained the mound of dirt is a ramp every day. He said he uses the rototiller constantly to turn the compost in his garden. He indicated he works full time but neither his cousin or brother helped financially and he issues. Mr. Ervin indicated, as a homeowner in Sterling Heights, there is an expectation on how the property should be maintained. Mr. Ervin explained to Mr. Williams they are looking for a time table that these things can be corrected. Ms. Martin suggested to ask for help. Mr. Ervin asked if there were any further comments from the Board. Being none, he asked for public participation. Being none, he asked for a motion. Moved by Stickney supported by Martin, RESOLVED, to declare that a public nuisance exists on the property commonly known as 5500 Noll 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. Yes: Stickney, Windhorst, Ervin, Mandl, Martin No: None Absent: None Motion Carried. Mr. Williams and his father voiced complaints about the inspector treating them unfairly. 10. Public Participation There was none. 11. Adjournment Motion by Stickney, supported by Martin, to adjourn the meeting. Yes: All. Motion carried The meeting was adjourned at 7:46 p.m. Respectfully submitted, Robert Ervin Chairman Julie Windhorst Secretary Board of Ordinance Appeals Board of Ordinance Appeals