Board of Ordinance Appeals I

CITY OF STERLING HEIGHTS BOARD OF ORDINANCE APPEALS REGULAR MEETING MINUTES October 25, 2021 The Board of Ordinance Appeals held a public hearing at 7:00 p.m. on October 25, 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 from 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, Justin Smith, 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: G21-0256, G21-0257, G21-0258, G21-0261, G21-0262, G21-0265, G21-0268 and G21-0271. 4. Removal of Consent Items to New Business a. Moved item 2 to New Business 9a. G21-0247 Kah V, LLC 15111 Fourteen Mile Road b. Moved item 4 to New Business 9b. G21-0249 Schieck, Gayle & Judith 11182 Fairway Drive c. Moved item 5 to New Business 9c. G21-0250 Miller, Dolores D. 34723 Giannetti Drive d. Moved item 6 to New Business 9d. G21-0251 Skiver, Jessica 4979 Mindy Lynn Drive e. Moved item 8 to New Business 9e. G21-0253 Amin, Muazzimul & Amin, Fokrul 33102 Shrewsbury Drive f. Moved item 9 to New Business 9f. G21-0254 Vernengo Real Estate Group LLC 33365 Stoner Drive g. Moved item 19 to New Business 9g. G21-0264 Jearls, Kathleen 14667 Annapolis Drive h. Moved item 21 to New Business 9h. G21-0266 Sterling Heights RX LLC 4025 Eighteen Mile Road 5. Approval of Agenda Motion by Stickney, supported by Martin, to approve agenda. Yes: All. Absent: Windhorst Motion carried. 6. Consent Agenda Moved by Stickney, supported by Martin, RESOLVED, to approve the Consent Agenda as amended. Yes: All. Absent: Windhorst Motion carried. 1. Approval of the Minutes Regular Meeting September 27, 2021 2. G21-0248 Yancura, John & Karen 13770 Canterbury Drive RESOLVED, to declare that a public nuisance exists on the property commonly known as 13770 Canterbury 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 October 25, 2021 Regular Meeting Page 2 3. G21-0252 Khamooro, Layth & Abdahad, Maha 33153 Sherwood Forest Drive RESOLVED, to declare that a public nuisance exists on the property commonly known as 33153 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 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. G21-0255 Alkanabi, Natheer 34950 Tyler Drive RESOLVED, to declare that a public nuisance exists on the property commonly known as 34950 Tyler 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. G21-0259 Warzynski, Rick P. 37542 Andrew Drive RESOLVED, to declare that a public nuisance exists on the property commonly known as 37542 Andrew 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. G21-0260 Viray, Kristine 12037 Malburg Drive RESOLVED, to declare that a public nuisance exists on the property commonly known as 12037 Malburg 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. G21-0263 Green, Merle Jean 38765 Covington Drive RESOLVED, to declare that a public nuisance exists on the property commonly known as 38765 Covington 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. 8. G21-0267 Glavaski, Mrija & Radovan 12456 North York Drive RESOLVED, to declare that a public nuisance exists on the property commonly known as 12456 North York 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. G21-0269 H & S Singh 37180-37246 Dequindre Road RESOLVED, to declare that a public nuisance exists on the property commonly known as 37180-37246 Dequindre 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. 10. G21-0270 Crystal Square Investments, LLC -2051 Metropolitan Parkway RESOLVED, to declare that a public nuisance exists on the property commonly known as 2051 Metropolitan Parkway 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 October 25, 2021 Regular Meeting Page 3 7. Public Hearing a. G21-0234 Mansour, Amanda 38662 Trafalgar Way house on a corner lot along London Drive No pool. The homeowner, Amanda Mansour, addressed the Board. She is requesting the variance because she would like privacy for her family. Mr. Ervin indicated he saw the fence was already installed. Ms. Mansour explained the permit was pulled by the fence fence is a chain-link fence which still exists against the privacy fence. Ms. Mansour explained she wanted to take down the chain-link fence but the neighbor said no. Mr. Ervin indicated they will need to maintain between the two fences. Mr. Castor indicated they will have to make sure they can trim under and between the fences. Mr. Ervin asked for questions from the Board. Being none, he asked for public participation. Also being none, he asked the Board for a motion. Moved by Stickney, supported by Martin, RESOLVED, to approve case G21-0234 at 38662 Trafalgar Way 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, Smith No: None. Absent: Windhorst Motion Carried. b. G21-0246 McClellan, Bradley & Deanna 42499 Cannon Drive Requesting a variance to House on a corner lot along Mair Drive No pool. The homeowner, Bradley McClellan, addressed the Board. He lives on a corner lot and is asking for the variance because he has small children and a puppy. They have tall arborvitaes which give privacy but there are gaps. He is asking to be one foot from the four feet from the sidewalk. Mr. Ervin asked if they will be taking the arborvitaes down. Mr. McClellan answered yes. Mr. Ervin asked for questions from the Board. Being none, he asked for public participation. Also being none, he asked the Board for a motion. Moved by Stickney, supported by Martin, RESOLVED, to approve case G21-0246 at 42499 Cannon 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, Ervin, Mandl, Smith No: None. Absent: Windhorst Motion Carried. Board of Ordinance Appeals October 25, 2021 Regular Meeting Page 4 8. Old Business None 9. New Business a. G21-0247 Kah V, LLC 15111 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. Jennifer Federle, district manager for Dollar General, addressed the Board. She explained, in the last three weeks, she has been assigned to oversee this area. She has been diligently working on this problem. She did not understand the tree needed to be trimmed, she was told it was a mulch issue. She indicated she will address that immediately. She explained they will do a weekly sweep to clear the roller carts and cardboard. She will again address that nothing is to be stored outside and get the dumpster area cleaned up immediately. Mr. Ervin indicated the dumpster is something they have to stay on top of and will need to be checked weekly. He asked Ms. Federle how much time they need to rectify the issues. Ms. Federle indicated the trash by the dumpster will be cleaned up tomorrow. She asked for about two weeks for the tree trimming as it will have to be submitted to the corporate office. She asked if the tree was the only landscaping issue. Ms. Vietto explained she mentioned the tree from the picture but all landscaping has to be maintained at all times. Mr. Ervin asked the Board for any questions. Being none, Mr. Ervin 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 15111 14 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 November 8, 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, Smith No: None Absent: Windhorst Motion Carried. b. G21-0249 Schieck, Gayle & Judith 11182 Fairway 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. Richard Schieck, representing his mother, addressed the Board. He indicated the fence has been that way for 32 years and no one has ever complained about it. He asked for two weeks to take care of the fence. Mr. Ervin suggested to possibly remove the slats immediately and work to finish the rest. Mr. Stickney asked if the slats could be removed by tomorrow. Mr. Schiek said yes, within couple days. Mr. Stickney asked how long he would need to fix the top. Mr. Schiek answered two weeks at the most to get it and install it. Mr. Ervin asked if there were any other questions from Board members. Being none, he asked for any public participation. Also, being none, he asked for a motion. Board of Ordinance Appeals October 25, 2021 Regular Meeting Page 5 Moved by Stickney, supported by Martin, RESOLVED, to declare that a public nuisance exists on the property commonly known as 11182 Fairway Drive and to direct the Code Official to abate the violations identified in the attached staff reports which give rise to this finding by November 8, 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, Smith No: None Absent: Windhorst Motion Carried. c. G21-0250 Miller, Dolores D. 34723 Giannetti Drive Code Enforcement Coordinator, Dana Vietto, stated there was contact from the owner today and there have been some changes to the property. She indicated the homeowner sent a letter to the Board members and is asking for two weeks because she needs to hire a landscaping company to help her. Pictures were shown at this time. Mr. Ervin read an email from the homeowner, Dolores Miller. It stated she was unable to attend the meeting and is hiring a landscaping company which will be out in about two weeks. 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 34723 Giannetti 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, Ervin, Mandl, Smith No: None Absent: Windhorst Motion Carried. d. G21-0251 Skiver, Jessica 4979 Mindy Lynn Drive Code Enforcement Coordinator, Dana Vietto, stated as of today there has been no contact from the owner and there have been some changes to the property. Pictures were shown at this time. Jessica Skiver, property owner, addressed the Board. She explained she s lived there for five years and ha had any problems. She was in the hospital for three weeks and has taken care of most of the issues. She will take care of the wood on the patio and the vines which are overgrown. Mr. Ervin asked how long she need to remedy the things left. Ms. Skiver asked for a few days for things to dry 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 4979 Mindy Lynn Drive and to direct the Code Official to abate the violations identified in the attached staff reports which give rise to this finding by November 1, 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, Smith No: None Absent: Windhorst Motion Carried. Board of Ordinance Appeals October 25, 2021 Regular Meeting Page 6 e. G21-0253 Amin, Muazzimul & Amin, Fokrul 33102 Shrewsbury 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. Mohammad Rashid, representing the property owner, addressed the Board. He indicated he called the city and left two voicemails to get a hold of Horst with no return phone call. He explained the home owners were having a hard time finding contractors to come out. His landscaper is going to come out and do the work. He was unaware of the tree stump and will contact someone to come take care of it. He said it may take two to three weeks. Mr. Ervin suggested coordinating the landscaper and tree removal so the landscaping l. Mr. Rashid asked if there was anything regarding the back and the side. Ms. Vietto indicated he could try to call or email the code officer to find out that information. She stated her presentation was just regarding the front. Mr. Castor said they could take his number and give to the code officer. Mr. Rashid gave his number. Mr. Ervin confirmed he was asking for two weeks. Mr. Rashid explained the landscaper he reached out and said two to three weeks weather dependent, so he asked for three weeks to be safe. 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 33102 Shrewsbury Drive and to direct the Code Official to abate the violations identified in the attached staff reports which give rise to this finding by November 15, 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, Smith No: None Absent: Windhorst Motion Carried. Mr. Rashid asked if someone will be contacting him because he would like to get all the issues resolved at the same time. Mr. Castor said they would pass along his number and someone would be calling him. Ms. Vietto explained all landscaping needs to be maintained. f. G21-0254 Vernengo Real Estate Group LLC 33365 Stoner 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. Philip Vernengo of Vernengo Real Estate Group LLC, addressed the Board. He explained all the large branches were gone on the 13th. He has a wood chipper to get rid of the rest of the debris but it has been flooded on that side of the house. He indicated a storm broke one of the branches an now he has a chainsaw to cut it down. He further explained he has been in the hospital for three heart surgeries since April. He was in again 2 ½ weeks ago. He has been struggling but Seasonal Service, on September 21, $810 to have all the landscaping done. He received an is about because he just had all that done. He plans on having the property up for sale in about two weeks. Board of Ordinance Appeals October 25, 2021 Regular Meeting Page 7 Mr. Castor explained the city cutting the grass is separate than the landscaping violations. He also suggested the tree, from the photo in the presentation, be looked at by an arborist 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 33365 Stoner Drive and to direct the Code Official to abate the violations identified in the attached staff reports which give rise to this finding by November 1, 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, Smith No: None Absent: Windhorst Motion Carried. g. G21-0264 Jearls, Kathleen 14667 Annapolis 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. Kathleen Jearls, homeowner, addressed the Board. She indicated she had the fence put up and was happy with it. Someone from the city came through and told her it was going in the wrong direction. She had someone come out Friday and he pulled the permit. He is waiting to get approval on the permit. He talked to someone (at the city) about putting Mr. Ervin asked Mr. Castor how much time she would need for a fence review. Mr. Castor indicated fence reviews are typically pretty quick. If it was in their office in about a week, they can move things along. Mr. Ervin asked for any other 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 14667 Annapolis Drive and to direct the Code Official to abate the violations identified in the attached staff reports which give rise to this finding by November 8, 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, Smith No: None Absent: Windhorst Motion Carried. h. G21-0266 Sterling Heights RX LLC 4025 Eighteen 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. Amy Whitmer, store manager, addressed the Board. She explained she found out the the Regional Facilities Manager and he sent her an email stating they will handle it. Currently, they have pruning and weeding planned. The city inspector has provided the site plans but with winter coming they may not plant until spring and will revive the irrigation so as to not to lose new plantings. Board of Ordinance Appeals October 25, 2021 Regular Meeting Page 8 Mr. Ervin asked if corporate has been in contact with the Planning Department. Ms. Whitmer indicated the code officer gave her the current landscaping plans. Mr. Ervin asked for any questions from the Board. Mr. Stickney asked Mr. Castor if they should grant an extension until next spring. Mr. Castor explained as a good faith measure, he would like to see a contract from a landscaper they have secured for the spring. In addition, they would need to see some cleanup in the meantime. Ms. Martin asked if they can at least get it cleaned up. Ms. Whitmer indicated weeding and pruning are sched few weeks. Mr. Ervin asked for any other questions from the Board. There was no public present for participation. 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 4025 Eighteen Mile Road and to direct the Code Official to abate the violations identified in the attached staff reports which give rise to this finding as follows: (1) trash and debris removal immediately, (2) weeding/pruning and have a final landscape plan and contract presented to the city by November 15, 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, Smith No: None Absent: Windhorst Motion Carried. Ms. Whitmer asked who they should contact with the landscaping plans. Mr. Castor indicated they can reach out to the code enforcement officer, himself, or the City Planner. Ms. Whitmer indicated she would relay the information to corporate. 10. Public Participation None. 11. Adjournment Motion by Stickney, supported by Martin, to adjourn the meeting. Yes: All. Absent: Windhorst Motion carried. The meeting was adjourned at 8:10 p.m. Respectfully submitted, Robert Ervin Chairman Mike Stickney Secretary Board of Ordinance Appeals Board of Ordinance Appeals