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 September 13, 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 Jason Castor City Development Director Absent: Julie Windhorst 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: G21-0183, G21-0187, G21-0191, G21-0195, G21-0197, G21-0199, G21-0202, G21- 0203, and G21-0204. 4. Removal of Consent Items to New Business a. Moved item 2 to New Business 9a. G21-0180 Ganz, Gregory & Maureen 11301 Newburg Drive b. Moved item 6 to New Business 9b. G21-0184 Westnedge Plaza, LLC 34851 Schoenherr Road c. Moved item 7 to New Business 9c. G21-0185 Elia, Savan 33167 Sherwood Forest Drive d. Moved item 11 to New Business 9d. G21-0189 Hopkins, James & Pamela 37627 Jerome Drive e. Moved item 12 to New Business 9e. G21-0190 Al-Saleem, Mohammed 4326 Lin Drive f. Moved item 16 to New Business 9f. G21-0194 38170 Van Dyke, LLC 38170 Van Dyke g. Moved item 18 to New Business 9g. G21-0196 Oza, Kishor 13485 Bernadette Court h. Moved item 28 to New Business 9h. G21-0206 Crystal Square Investments, LLC 2051-2055 Metropolitan Parkway 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 August 23, 2021 2. G21-0181 MRFR LLC 5701 Seventeen Mile Road RESOLVED, to declare that a public nuisance exists on the property commonly known as 5701 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. Board of Ordinance Appeals September 13, 2021 Regular Meeting Page 2 3. G21-0182 Schwalm, Allan 11972 Kontiki Drive RESOLVED, to declare that a public nuisance exists on the property commonly known as 11972 Kontiki 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. 4. G21-0186 Rashed, Marwan 33066 Stoner Drive RESOLVED, to declare that a public nuisance exists on the property commonly known as 33066 Stoner 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. 5. G21-0188 Thornton, Edward & Wilson, Sherry 37125 Carpathia Boulevard RESOLVED, to declare that a public nuisance exists on the property commonly known as 37125 Carpathia 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. 6. G21-0192 Byerly, Ann Gay 37201 St Joseph Street RESOLVED, to declare that a public nuisance exists on the property commonly known as 37201 St Joseph 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. 7. G21-0193 WL Property Management LLC -38614 Trafalgar Way RESOLVED, to declare that a public nuisance exists on the property commonly known as 38614 Trafalgar Way 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. 8. G21-0198 Kasyouhanan, Brandon 41946 Marold Drive RESOLVED, to declare that a public nuisance exists on the property commonly known as 41946 Marold 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. 9. G21-0200 Mays, Robert & Alta 4248 Coplin Drive RESOLVED, to declare that a public nuisance exists on the property commonly known as 4248 Coplin 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. 10. G21-0201 Surg, LLC. 43375 Van Dyke RESOLVED, to declare that a public nuisance exists on the property commonly known as 43375 Van Dyke 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 September 13, 2021 Regular Meeting Page 3 11. G21-0205 Basheer, Fadi 3121 Lancaster Drive RESOLVED, to declare that a public nuisance exists on the property commonly known as 3121 Lancaster 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. G21-0207 Cook, Donald Jr & Jessica G. 14504 Peppermill Road lot along Heartsworth Lane no pool. Donald Cook addressed the Board. He explained to the Board they would like more privacy for their family as they are in the yard a lot. They eventually would also like to get a dog and a pool. Mr. Ervin asked if they will remove the cyclone fence. Mr. Cook indicated yes. Mr. Ervin asked for any questions from the Board. Being none, he asked for public participation. Also, being none, he asked for a motion. Moved by Stickney, supported by Martin, RESOLVED, to approve case G21-0207 at 14504 Peppermill Road 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, Ervin, Mandl No: None. Absent: Windhorst Motion Carried. 8. Old Business None 9. New Business a. G21-0180 Ganz, Gregory & Maureen 11301 Newburg Drive Code Enforcement Coordinator, Dana Vietto, stated as of today there has been no contact from the owner but there have been some changes to the property. Pictures were shown at this time. Jennifer Luttermoser, daughter of Maureen Ganz and step-daughter of Gregory Ganz, addressed the Board. She explained her mother, Maureen, passed away in February 2013 and her stepfather, Gregory, is in poor health. She apologized for the habitual offenses. She explained she is trying to take care of things and indicated a neighbor is cutting the grass every week and the city still came out and cut it. When she was there pulling weeds, indicated she is going to be selling the house to someone who will flip it. Mr. Ervin indicated the landscaping and the siding on the house still needs to be done. He asked how much time she needed to rectify the issues. Ms. Luttermoser indicated she has signed an acceptance letter and they should be having the closing soon and the issues will be fixed by the new owner because they are buying the house as is. Board of Ordinance Appeals September 13, 2021 Regular Meeting Page 4 Mr. Ervin asked the Board for any questions. Ms. Martin asked what the closing date is. Ms. Luttermoser stated she did not have the date yet but the inspection had just been done on Saturday and it is a done deal 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 11301 Newburg Drive and to direct the Code Official to abate the violations identified in the attached staff reports which give rise to this finding by October 30, 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, Ervin, Mandl No: None. Absent: Windhorst Motion Carried. b. G21-0184 Westnedge Plaza, LLC 34851 Schoenherr 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. John Abro, corporate office at 30600 Northwestern Hwy, Farmington Hills, addressed the Board. Mr. Abro is the managing partner for the property and with him was the owner of the store. He explained they started last week moving the materials. He showed photos of the property somewhat cleared from about 2 hours prior to the meeting. Mr. Ervin asked how much longer they need for it to be done. Mr. Abro stated about a day or so. The store owner addressed the Board and apologized for any nuisances to the city and explained why they ended up with all the outdoor storage. Mr. Ervin asked if there were any questions from Board members. Being none, he asked for any public participation. Mr. Castor asked about the lot where the asphalt appeared to be chewed up. Mr. Abro said it was debris and is cleaned up. The store owner explained some of the bags get poked accidently and it may have been muddy dirt from the rain. 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 34851 Schoenherr Road and to direct the Code Official to abate the violations identified in the attached staff reports which give rise to this finding by September 14th. 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, Ervin, Mandl No: None. Absent: Windhorst Motion Carried. c. G21-0185 Elia, Savan 33167 Sherwood Forest Drive 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. Savan Elia, property owner, addressed the Board. He indicated his parents had surgery and he trouble with the garbage man picking up his trash. He indicated he ordered a dumpster to dispose of the garbage. Mr. Ervin asked how much time he needs to complete the clean-up. Mr. Elia asked for two more days to finish. Board of Ordinance Appeals September 13, 2021 Regular Meeting Page 5 Mr. Ervin asked for any questions from the Board. Being none, he asked for public participation. Also 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 33167 Sherwood Forest Drive and to direct the Code Official to abate the violations identified in the attached staff reports which give rise to this finding by September 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, Ervin, Mandl No: None. Absent: Windhorst Motion Carried. d. G21-0189 Hopkins, James & Pamela 37627 Jerome 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. James Hopkins, property owner, addressed the Board. He explained the brush piles were from him clearing the back. He understands now from the pictures the weeds in the front Ervin asked how much longer he needs to finish cleaning it up. Mr. Hopkins asked for three weeks because he works seven days a week. Mr. Ervin asked for any questions from the Board. Being none, he asked for public participation. Also 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 37627 Jerome Drive and to direct the Code Official to abate the violations identified in the attached staff reports which give rise to this finding by September 20th. 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, Ervin, Mandl No: None. Absent: Windhorst Motion Carried. e. G21-0190 Al-Saleem, Mohammed 4326 Lin Drive Code Enforcement Coordinator, Dana Vietto, stated as of today there has been no contact from the owner and there have been no changes to the property. Pictures were shown at this time. Aya Salloom, 4326 Lin Drive, the daughter-in-law of the homeowner, addressed the Board. She explained her father-in- English well and he thought he was spraying to kill the weeds and it killed the grass. She e much has changed from the pictures. He also said they have to remove the dead tree and have to pull the weeds. He also gave examples of how to establish the lawn. He asked how much time they would need to get it all completed. Ms. Salloom answered they would need a week. Mr. Ervin also indicated they cannot store the jet ski on the patio. Ms. Salloom said ok. Mr. Ervin asked for any questions from the Board. Being none, he asked for public participation. Also being none, he asked for a motion. Board of Ordinance Appeals September 13, 2021 Regular Meeting Page 6 Moved by Stickney, supported by Martin, RESOLVED, to declare that a public nuisance exists on the property commonly known as 4326 Lin Drive and to direct the Code Official to abate the violations identified in the attached staff reports which give rise to this finding by September 20th. 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, Ervin, Mandl No: None. Absent: Windhorst Motion Carried. f. G21-0194 38170 Van Dyke, LLC 38170 Van Dyke 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. She also indicated this They have spoken to Planning and Engineering about it. Pictures were shown at this time. Mar Maroke addressed the Board. He explained they have been trying, going back and forth with landscaping companies. When they put the mulch down previously, the put the weed block under it. They are in the process of fixing that and putting the weed block down and re-mulching it. He also explained he is having trouble finding certain trees which are on the landscape plan. He has talked with Allison, from Planning, several times and asked if they can switch the trees and they have indicated no on some and yes on others. He explained he has replaced the dead boxwoods two times and they keep dying. He said it is taking more time than he anticipated and h Castor stated he would talk to the Planning Department to help him try to get some answers on other trees to be planted. Ms. Martin asked why they keep putting in boxwoods if they keep dying. She asked if there is another bush they can put in. Mr. Maroke indicated that is what the city calls for. Mr. Castor indicated he should have his landscaper suggest something else with the same growth rate and spread. Mr. Maroke said he would do that and asked for a bit of time. Mr. Ervin asked for any further questions from the Board. Being none, he asked for public participation. Also 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 38170 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 October 13th. 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, Ervin, Mandl No: None. Absent: Windhorst Motion Carried. g. G21-0196 Oza, Kishor 13485 Bernadette Court Code Enforcement Coordinator, Dana Vietto, stated as of today there has been no contact from the owner but there have been some changes to the property. Pictures were shown at this time. Kishor Oza, homeowner, addressed the Board. He apologized to the Board for having to be there to address these issues. He explained it has been hard getting people to show up to do work. He asked for more time to get things done. Mr. Ervin asked if he could get the weeds in the landscaping cleaned up and fix the mailbox. Mr. Oza asked if he is allowed to move the mailbox as it is always getting hit. Mr. Castor indicated the mailbox is required to be a certain distance away from the curb for delivery. Board of Ordinance Appeals September 13, 2021 Regular Meeting Page 7 Mr. Ervin asked for any questions from the Board. Being none, he asked for public participation. Also 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 13485 Bernadette Court and to direct the Code Official to abate the violations identified in the attached staff reports which give rise to this finding by September 20th. 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, Ervin, Mandl No: None. Absent: Windhorst Motion Carried. h. G21-0206 Crystal Square Investments, LLC 2051-2055 Metropolitan Parkway Code Enforcement Coordinator, Dana Vietto, stated as of today there has been no contact from the owner but there have been some changes to the property. Pictures were shown at this time. Tracey Murphy, property manager with Capital Reality, addressed the Board. She explained they hired to have the landscaping thoroughly done. She indicated the dumpster area is an ongoing issue because people dump random things back there all the time. She stated she has an appointment (she believes Thursday) with the sweeping company to come and clean the whole area around the dumpster. She also indicated they are getting the fence repaired and possibly extended upward. Mr. Castor stated the typical height for a dumpster enclosure is six feet and indicated it may be difficult to try to extend it further. Ms. Martin asked about the weeds in the landscaping beds. Ms. Murphy stated those are cleaned up. dumpster. He asked if the trash and debris could be cleaned up. Ms. Murphy indicated again the sweeping company is coming on Thursday to clean up. Mr. Ervin asked for any questions from the Board. Being none, he asked for public participation. Also 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 2051-2055 Metropolitan Parkway and to direct the Code Official to abate the violations identified in the attached staff reports which give rise to this finding by September 19th. 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, Ervin, Mandl No: None. Absent: Windhorst 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 8:22 p.m. Board of Ordinance Appeals September 13, 2021 Regular Meeting Page 8 Respectfully submitted, Robert Ervin Chairman Mike Stickney Acting Secretary Board of Ordinance Appeals Board of Ordinance Appeals