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 August 9, 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 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: G21-0134, G21-0137, G21-0138, G21-0140, G21-0142, and G21-0143. 4. Removal of Consent Items to New Business a. Moved item 2 to New Business 9a. G21-0132 Zaya, Mazin & Aishaia, Manal 34467 Coachwood Drive b. Moved item 3 to New Business 9b. G21-0133 Deckert, Fred & Lorraine 14775 Fourteen Mile Road c. Moved item 6 to New Business 9b. G21-0136 Aguilar, Joseph & Malorie 5063 Southlawn Drive 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 26, 2021 2. G21-0135 Ibrahim, Yaser & Karam 14949 Mill Creek Drive RESOLVED, to declare that a public nuisance exists on the property commonly known as 14949 Mill Creek 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. G21-0139 Alfatlawi, Najwan 12187 Sorrento Boulevard RESOLVED, to declare that a public nuisance exists on the property commonly known as 12187 Sorrento 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. Board of Ordinance Appeals August 9, 2021 Regular Meeting Page 2 4. G21-0141 Eastlake Commons Associates II, LLC 44801-44935 Hayes Road RESOLVED, to declare that a public nuisance exists on the property commonly known as 44801-44935 Hayes 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 None 8. Old Business None 9. New Business a. G21-0132 Zaya, Mazin & Aishaia, Manal 34467 Coachwood Drive 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. Mazin Zaya, homeowner, addressed the Board. He explained he is a first-time homeowner and he thought the violations were just for the wood. He talked to the inspector and will get the rest cleaned up. He asked for a couple weeks. Mr. Ervin asked for any questions from the Board. Mr. Stickney indicated he received the violation in May and asked Mr. Zaya when he contacted the inspector. Mr. Zaya indicated fences. 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 34467 Coachwood Drive and to direct the Code Official to abate the violations identified in the attached staff reports which give rise to this finding by August 15th. 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. G21-0133 Deckert, Fred & Lorraine 14775 Fourteen Mile 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. Paul Deckert, 14775 Fourteen Mile Road, and Karen Robinson, 17459 Hans Dr, Fraser, owners of the property, addressed the Board. Ms. Robinson explained her father passed last year and the property was put in a trust which are owned by the four children. She also explained they hired a landscaping company (Bright Horizon Services) to come take care of all the nuisance growth. The vines in the front look dead because they cut them to die off so they could remove them. They had DTE come to the property to make sure none of the vines were attached to electrical lines. They are not attached so they will be removing them. Mr. Ervin asked what kind of timeline they need to remedy the rest of the issues. Mrs. Robinson asked for at least a couple weeks. Mr. Deckert explained there is no garage. Ms. Martin asked how they have stored the machinery items in the past. Mr. Deckert explained they have also been out and he puts a tarp over them in the winter. Board of Ordinance Appeals August 9, 2021 Regular Meeting Page 3 Mr. Ervin asked for any 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 14775 Fourteen 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 August 28th. 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. G21-0136 Aguilar, Joseph & Malorie 5063 Southlawn Drive Code Enforcement Coordinator, Dana Vietto, stated as of today there has been no contact with the owner and there have been no changes to the property. Pictures were shown at this time. Joseph & Malorie Aguilar, homeowner, addressed the Board. He explained they are first- time homeowners and he is trying to get everything taken care of but works long hours. His wife has a high-risk pregnancy and is on strict bedrest and is trying to go through the proper steps with the city for a variance. Mr. Ervin asked how much time they need to correct the issues. Mr. Aguilar asked for at least two weeks. He also asked what his next steps would be for a fence request. Mr. Castor explained if it was a variance for a fence they would be back before the BOA. Ms. Vietto asked what the variance paper had on it. Mr. Aguilar indicated it had Zoning at the top. Ms. Vietto suggested he talk to the city planner to make sure he is submitting the right application. She explained if they were approved for the privacy fence, they still would to park of the grass. Mr. Ervin asked for any questions from the Board. There were none. He indicated there was no one in the audience for public participation. 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 5063 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 August 28th. 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 7:31 p.m. Respectfully submitted, Robert Ervin Chairman Julie Windhorst Secretary Board of Ordinance Appeals Board of Ordinance Appeals