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 July 26, 2021 Sterling Heights Municipal Center, 40555 Utica Road, Sterling Heights, MI in the Council Chambers, 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 Absent: None Also in attendance: Dana Vietto Code Enforcement Coordinator 3. Report from Dana Vietto, City Liaison following items from the consent agenda as they have been cleaned up prior to the meeting: G21-0121, G21-0127, and G21-0128. 4. Removal of Consent Items to New Business a. Moved item 4 to New Business 9a. G21-0122 Shamraj, Iryna 5018 Northlawn Drive b. Moved item 13 to New Business 9b. G21-0131 Watson, Michael J. 44810 Kemp 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 July 12, 2021 2. G21-0120 IEI Properties, LLC 8585 San Marco Boulevard RESOLVED, to declare that a public nuisance exists on the property commonly known as 8585 San Marco 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. G21-0123 Leppek, David 37540 Rosebush Street RESOLVED, to declare that a public nuisance exists on the property commonly known as 37540 Rosebush 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. Board of Ordinance Appeals July 26, 2021 Regular Meeting Page 2 4. G21-0124 HHC Hospitality, LLC 7605 Seventeen Mile Road RESOLVED, to declare that a public nuisance exists on the property commonly known as 7605 Seventeen 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. G21-0126 Sun, Richard Lo-Tien 4641 Bennington Drive RESOLVED, to declare that a public nuisance exists on the property commonly known as 4641 Bennington 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. 6. G21-0129 Coleman, Ronald 42039 Bay Court RESOLVED, to declare that a public nuisance exists on the property commonly known as 42039 Bay 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. 7. G21-0130 Paisley, Lisa M. 2558 Tarry Drive RESOLVED, to declare that a public nuisance exists on the property commonly known as 2558 Tarry 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. 7. Public Hearing a. G21-0101 Matti, Giovanni Y. & Matti, Dunea 42954 Woodcrest Drive house on a corner lot along Nineteen Mile Road no pool. with a privacy fence if you live off a main road. He had his contractor put the fence along where his neighbors stopped so they lined up. He is requesting a variance for the privacy fence because he has three little kids and lives off 19 Mile Road. Mr. Ervin asked how many feet off the sidewalk is the fence . approach is being utilized so vision would not be an issue. Mr. Ervin discussed with Mr. Matti about the fence going along the southeast corner of the property and why it boxed out the utility boxes. down. Mr. Matti indicated he would make any adjustments suggested. Mr. Ervin asked about the yard debris behind the shed. Mr. Matti indicated he had to cut some of the tree and it will be cleaned up. 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 G21-0101 at 42954 Woodcrest 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. Board of Ordinance Appeals July 26, 2021 Regular Meeting Page 3 Yes: Stickney, Martin, Windhorst, Ervin, Mandl No: None. Absent: None. Motion Carried. 8. Old Business a. G21-0083 Steven, Preston 37483 Curwood 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. Steven Preston, homeowner, addressed the Board. He described he owned a business which he had to close because of getting injured during a robbery. He has been trying to get everything cleaned up and under control but needs more time. He expressed how hard it has been to get help because of the pandemic. Mr. Ervin asked how much time he needs and asked if 60 days would be good. Mr. Ervin also asked if there was a permit for the fence to be installed. Mr. Preston indicated he was just putting up two panels between the garage and the house and d contact city hall and find out. Mr. Ervin asked for any questions from the Board members. Mr. Stickney reiterated he needs to make sure about the permit for the fence. Mr. Preston indicated again he would call city hall the next day. Mr. Stickney asked when the tree was cut down. Mr. Preston 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 37483 Curwood Street and to direct the Code Official to abate the violations identified in the attached staff reports which give rise to this finding by September 24, 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. 9. New Business a. G21-0122 Shamraj, Iryna 5018 Northlawn Drive 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. Iryna Shamraj, homeowner, addressed the Board. She apologized and indicated she used help her and asked for more time. Mr. Ervin indicated the first inspection date was November of last year. He asked if she lives in the home. Ms. Shamraj indicated she lives in her parent s home but has been staying with her daughter a lot this past year. Mr. Ervin asked if 30 days would be a good amount of time to get most of these things done. She said some of it but not the roof. Mr. Ervin asked for any questions from the Board. Ms. Martin asked if she intends to move back into the home. Ms. Shamraj indicated she was unsure. Ms. Shamraj said she is considering it. Board of Ordinance Appeals July 26, 2021 Regular Meeting Page 4 Ms. Windhorst asked if the home is vacant. Ms. Shamraj said yes. Ms. Windhorst also asked how often she checks on it. Ms. Shamraj said about once or twice a week. Ms. Windhorst asked if the house is in move in condition. Ms. Shamraj indicated it is not. She said she would need maybe 60 days to clean up some of the debris. Mr. Ervin 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 5018 Northlawn 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, Martin, Windhorst, Ervin, Mandl No: None. Absent: None. Motion Carried. b. G21-0131 Watson, Michael J. 44810 Kemp 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 property owner was not present. A neighbor, Margaret Strybel who lives at 44815 Mallow Ave., which is the property behind the Kemp property, addressed the Board. She some time. She believes there are frogs living in there and are very concerned about misquotes with the standing water. She said she put a temporary screen along the fence to block some of the view. the owner in years and his yard is what they see when they go in their backyard. Mr. Stickney asked the neighbors if the property is occupied. Ms. Strybel indicated the owner was still living there Mr. Ervin asked for a motion. Moved by Stickney, supported by Martin, RESOLVED, to declare that a public nuisance exists on the property commonly known as 44810 Kemp 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. 10. Public Participation None. 11. Adjournment Motion by Stickney, supported by Martin, to adjourn the meeting. Yes: All. Motion carried The meeting was adjourned at 7:54 p.m. Board of Ordinance Appeals July 26, 2021 Regular Meeting Page 5 Respectfully submitted, Robert Ervin Chairman Julie Windhorst Secretary Board of Ordinance Appeals Board of Ordinance Appeals