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 June 14, 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: G21-0075, G21-0078, G21-0079, G21-0081 and G21-0084. Mr. Castor also reported item G21-0083 will be postponed to the July 26, 2021 meeting. 4. Removal of Consent Items to New Business a. Moved item 3 to New Business 9a. G21-0073 Monte Carlo Plaza 33160 Ryan Road b. Moved item 4 to New Business 9b. G21-0074 Baker, Christopher 5415 Southlawn Drive c. Moved item 10 to New Business 9c. G21-0080 Reem Properties, LLC 5673 Fifteen Mile 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 May 24, 2021 2. G21-0072 Brown, Jon & Dawn 11179 Mandale Drive RESOLVED, to declare that a public nuisance exists on the property commonly known as 11179 Mandale 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. G21-0076 Mui, Arthur & T. & Li, Bi 10947 Lesure Drive RESOLVED, to declare that a public nuisance exists on the property commonly known as 10947 Lesure 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 June 14, 2021 Regular Meeting Page 2 4. G21-0077 Mt. Zion Romanian Pentecostal Church -11091 Sixteen ½ Mile Road RESOLVED, to declare that a public nuisance exists on the property commonly known as 11091 Sixteen ½ 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. 5. G21-0082 Steak & Shake Subsidiaries 13800 Lakeside Circle RESOLVED, to declare that a public nuisance exists on the property commonly known as 13800 Lakeside Circle 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. G21-0071 Howey, Linda P. - Trustee 40674 La Grange Drive house on a corner lot along Magma Drive no pool. The homeowner, Linda Howey, addressed the Board. Her neighbors Kathy and Don were with her. She is requesting a variance for a privacy fence parallel to the sidewalk instead of 10 feet from the house. Mr. Ervin asked if they will be putting in the angles to have clear vision from the driveway to the sidewalk. She answered yes. Mr. Ervin asked if she will be fencing along the rear of the property line. She answered no. 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 Windhorst, RESOLVED, to approve case G21-0071 at 40674 La Grange 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. G21-0073 Monte Carlo Plaza 33160 Ryan 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. Philippe Cusumano, one of the owners of Monte Carlo Plaza, addressed the Board. Mr. Ervin asked what he is doing to correct the problem. Mr. Cusumano indicated he had an atto Mr. Ervin asked for any questions from the Board. Board of Ordinance Appeals June 14, 2021 Regular Meeting Page 3 Ms. Martin explained to Mr. Cusumano it is his responsibility to send a letter to his tenants and possibly face Issa Duqum, one of the tenants at Monte Carlo, addressed the Board. He is the tenant which has the garden boxes in the back. He cleaned things up, except for the garden boxes, within the eight days and went to the city to ask for a permit to have the garden boxes, a table and chairs for lunch and for clients who are waiting. He asked for more time to see if the city will give him a temporary inside/outside permit. Mr. Ervin 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 33160 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. Yes: Stickney, Windhorst, Ervin, Mandl, Martin No: None. Absent: None. Motion Carried. b. G21-0074 Baker, Christopher 5415 Southlawn Drive Code Enforcement Coordinator, Dana Vietto, stated as of today there has been no contact with the owner but there have been some changes to the property. Pictures were shown at this time. Chris Baker and his wife Nancy, the owners, addressed the Board. He explained they are taking down the back porch. He had a dumpster scheduled but the company called him because they overbooked. They were supposed to have another one delivered today. He not sure if they will need another dumpster but if they do, they will get one. He will repair the gutter which came down during a storm. They have the panels which go in by the air conditioner to fix it. He said they would like a couple more weeks to complete it. Mr. Ervin asked if anyone is living in the home. Mr. Baker indicated no, his mother passed away and they have been working on the inside. 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 Martin, RESOLVED, to declare that a public nuisance exists on the property commonly known as 5415 Southlawn Drive and to direct the Code Official to abate the violations identified in the attached staff reports which give rise to this finding by June 28, 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. G21-0080 Reem Properties, LLC 5673 Fifteen Mile 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. Board of Ordinance Appeals June 14, 2021 Regular Meeting Page 4 Ahmad Hamade, representing the owner, addressed the Board. Mr. Hamade explained the owner is his father who had a stroke. He hired someone to get rid of the debris and clean up. They paid $600 and that company did a horrible job. He is in the process of getting a new person. He had the potholes at the property fixed. He has been in contact with Derek and he will be contracting a parking lot sweeper. They said the earliest they can come out is next week. He also contacted another landscaper who will come on Saturday or Sunday (the weekend coming up). He hopes within two weeks he can have it all done. 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 5673 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 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. 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 7:35 p.m. Respectfully submitted, Robert Ervin Chairman Julie Windhorst Secretary Board of Ordinance Appeals Board of Ordinance Appeals