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 May 24, 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 City Development Director 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: G21-0052, G21-0053, and G21-0055. 4. Removal of Consent Items to New Business a. Moved item 3 to New Business 9a. G21-0050 Milans Real Estate, LLC 33939 Mound Road b. Moved item 7 to New Business 9b. G21-0054 Van Sterling Property, LLC 42300 Van Dyke c. Moved item 9 to New Business 9c. G21-0056 Rogers, Wayne E. & Terry M. 6105 Stacy Avenue d. Moved item 10 to New Business 9d. G21-0057 Bretz, John & Ellen 6115 Stacy Avenue e. Moved item 11 to New Business 9e. G21-0058 J & M Plaza, LLC 36833 Ryan Road 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 April 26, 2021 2. G21-0049 Chesney, Steven & James ETAL 33014 Marlena Boulevard RESOLVED, to declare that a public nuisance exists on the property commonly known as 33014 Marlena Boulevard 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. G21-0051 38325 Dodge Park Road RESOLVED, to declare that a public nuisance exists on the property commonly known as 38325 Dodge Park 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 May 24, 2021 Regular Meeting Page 2 7. Public Hearing a. G21-0036 Boettner, Brian & Severine 13787 Sterling Oaks Drive Requesting a variance to install house on a corner lot along Mount Pleasant Drive no pool. The homeowner, Brian Boettner, addressed the Board. He is requesting a variance for a privacy fence because they just bought a large dog and the neighbor just cut down several large trees. Mr. Ervin asked if the shadowbox fence along the rear property line they will replace the existing shadowbox fence with a new one and continue it so it will all be the same. Mr. Ervin asked for any questions from the Board members. Being none, he asked for public participation. Being none, he asked for a motion. Moved by Stickney, supported by Martin, RESOLVED, to approve case G21-0036 at 13787 Sterling Oaks 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, Martin, Windhorst, Ervin, Mandl No: None. Absent: None. Motion Carried. b. G21-0047 Akhter, Shah M. & Shah S. 35850 Shell Drive house on a corner lot along Elmcrest Road no pool. A representative for Shah Akhter, the homeowner, was present. They are requesting a variance for a privacy fence for more privacy for the kids which reside at the home. Mr. Ervin asked if they will remove the chain link fence. Mr. Akhter indicated they will remove the old fence and put up the new one. Mr. Ervin also asked if they will be fencing the whole yard and if the fence will be a vinyl fence. Mr. Akhter answered yes to both questions. Mr. Ervin asked for any questions from the Board members. Being none, he asked for public participation. Being none, he asked for a motion. Moved by Windhorst, supported by Martin, RESOLVED, to approve case G21-0047 at 35850 Shell 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. Board of Ordinance Appeals May 24, 2021 Regular Meeting Page 3 c. G21-0048 Kincer, Conley & Amy 12959 Denoter Drive house on a corner lot along Bender Drive no pool. The homeowner, Conley Kincer, addressed the Board. He is requesting a fence variance because they live on a corner and would like more privacy. Mr. Ervin indicated he saw they have already started working on the installation and that the plans have been revised to include the site requirements for the vision 25 rule and asked if that will be changed at the property. Mr. Kincer answered yes. Mr. Ervin asked for any questions from the Board members. Being none, he asked for public participation. Being none, he asked for a motion. Moved by Stickney, supported by Martin, RESOLVED, to approve case G21-0048 at 12959 Denoter 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, Martin, Windhorst, Ervin, Mandl No: None. Absent: None. Motion Carried. 8. Old Business a. G21-0022 Hasnat, Abul 38659 Sturbridge Drive house on a corner lot along Charity Drive no pool. Representing the homeowner, his brother addressed the Board. He is requesting a fence variance to allow the kids to go out and play and in their religion the women need to be covered in public so this will allow them to do as they wish with privacy. Mr. Ervin Mr. Ervin asked for any questions from the Board members. Being none, he asked for public participation. Being none, he asked for a motion. Moved by Windhorst, supported by Stickney, RESOLVED, to approve case G21-0022 at 38659 Sturbridge 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. Board of Ordinance Appeals May 24, 2021 Regular Meeting Page 4 9. New Business a. G21-0050 Milans Real Estate, LLC 33939 Mound Road Code Enforcement Coordinator, Dana Vietto, stated as of today there has been no contact from the owner but there were some changes to the property. Pictures were shown at this time. Sam Mansour, owner, addressed the Board. Mr. Mansour indicated he did not receive any letters regarding the violation. The only letter he received was regarding the meeting. Mr. Ervin asked if this is a rental property. Mr. Mansour answered yes. Mr. Ervin indicated it sour the notices. Mr. Mansour apologized and said he only received the letter regarding the meeting. Mr. Ervin asked if he will be taking care of the violation and in what time frame. Mr. Mansour indicated they would and asked for two weeks. Mr. Ervin asked for any questions from the Board. Mr. Stickney indicated the initial violation was reported on January 4th, and that this has been going on for a while. Ms. Windhorst asked if there was someone currently living in the home. Mr. Mansour answered there is a new tenant since last Saturday. He indicated the previous tenant died 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 33939 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. Yes: Stickney, Martin, Windhorst, Ervin, Mandl No: None. Absent: None. Motion Carried. b. G21-0054 Van Sterling Property, LLC 42300 Van Dyke 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. She indicated there is an expired building permit and this is a new building being built but Zak Essak, the owner, addressed the Board. He explained he has an aggressive plan for companies to come out and address the issue. He stated he met with Mike Viazanko and Jason Castor today. His indicated his goal is to clean it up and get it up to code. He had showed them copies of contracts which indicate the clean-up will begin. He further , will be taken care of. Addressing the fence, he said he would fix it and add the mesh which he already ordered. He indicated the issue of the height of the fence was cleared in 2018. The front of Van Dyke would stay four-foot and they would have six-foot for the condo side. He also indicated they had two break-ins back in September which broke the fence and they were robbed for over $60,000. Besides the secured contractors to clean up the site, they have also hired someone to do the weekly maintenance. Mr. Essak indicated there will be a big difference in the next 14 days. Mr. Ervin asked if he was looking at a 14-day period extension. Mr. Essak answered yes. Mr. Ervin asked for any questions from the Board. Board of Ordinance Appeals May 24, 2021 Regular Meeting Page 5 Ms. Martin asked if there is a target date for finishing the site. Mr. Essak indicated they are 80 percent finished with the interior. He also indicated the problems with getting the contractors out to do their work. 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 42300 Van Dyke and to direct the Code Official to abate the violations identified in the attached staff reports which give rise to this finding by June 4, 2021. 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. c. G21-0056 Rogers, Wayne E. & Terry M. 6105 Stacy Avenue 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. The homeowner, Terry Rogers, addressed the Board. Ms. Rogers explained their plan was to hanging over anymore. She indicated they will try to repair what is there and worry about the addition later. Mr. Ervin asked if they applied for the permits to do this. Ms. Rogers repaired. He asked what time frame they are looking at. Ms. Rogers asked for a month. Mr. Ervin asked for any questions from the Board. Being none, he asked for public participation. 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 6105 Stacy Avenue and to direct the Code Official to abate the violations identified in the attached staff reports which give rise to this finding by June 21, 2021. 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. G21-0057 Bretz, John & Ellen 6115 Stacy Avenue 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, John Bretz, addressed the Board. Mr. Bretz explained the trailer is on a 24 by 36 slab/foundation which was approved by the city for a building which was going to be constructed there. The trailer is on the slab until he can get the building approval to build the building. He explained because he takes care of his mom, he would not be able to complete the building at this time. He also explained he will be having another slab poured for the red trailer and needs a couple weeks. Mr. Ervin asked Mr. Castor if Mr. Bretz is going about this the right way for the trailers. Mr. Castor indicated the trailers cannot be stored on an unpaved surface so it seems like he is moving in the right direction. Mr. Ervin asked if he needs a permit to put in the slab. Mr. Castor indicated a permit is not required for rear yard concrete. Board of Ordinance Appeals May 24, 2021 Regular Meeting Page 6 Mr. Ervin asked Mr. Bretz how much time he needs to complete the projects. Mr. Bretz indicated two to three weeks. Mr. Ervin asked for any questions from the Board. Being none, he asked for public participation. 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 6115 Stacy Avenue and to direct the Code Official to abate the violations identified in the attached staff reports which give rise to this finding by June 4, 2021. 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. e. G21-0058 J & M Plaza, LLC 36833 Ryan Road Code Enforcement Coordinator, Dana Vietto, stated as of today there has been contact with the owners and there have been no changes on this violation. Pictures were shown at this time. The representative for J & M Plaza, Sam Alisa, 43338 Forest Creek, Sterling Heights, addressed the Board. Mr. Alisa explained the wooden fence is not theirs but they are willing to fix it and that he put up the wall. He asked for a couple weeks to fix the Mr. Ervin asked for any questions from the Board. Being none, he asked for public participation. 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 36833 Ryan Road and to direct the Code Official to abate the violations identified in the attached staff reports which give rise to this finding by June 4, 2021. 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 none. 11. Adjournment Motion by Stickney, supported by Windhorst, to adjourn the meeting. Yes: All. Motion carried The meeting was adjourned at 7:58 p.m. Respectfully submitted, Robert Ervin Chairman Julie Windhorst Secretary Board of Ordinance Appeals Board of Ordinance Appeals