Board of Ordinance Appeals I

CITY OF STERLING HEIGHTS BOARD OF ORDINANCE APPEALS REGULAR MEETING MINUTES June 27, 2022 The Board of Ordinance Appeals held a public hearing at 7:00 p.m. on June 27, 2022 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, Mike Stickney, Julie Windhorst and Jason Castor City Development Director Absent: None Also in attendance: Dana Vietto Code Enforcement Coordinator 3. Report from Jason Castor, City Liaison the following items from the consent agenda as they have been cleaned up prior to the meeting: G22-0093, G22-0101, G22-0102, G22-0104 and G22-0105. 4. Removal of Consent Items to New Business a. Moved item 2 to New Business 9a. G22-0092 Dodge Enterprise, LLC 35170 Dodge Park Road b. Moved item 5 to New Business 9b. G22-0095 Maple Woods of Sterling Heights, LLC 34987 Strathcona Boulevard c. Moved item 8 to New Business 9c. G22-0098 Green, Merle Jean 38765 Covington Drive d. Moved item 9 to New Business 9d. G22-0099 Henry, Lori S. & Phillip A. 4288 Lin Drive e. Moved item 13 to New Business 9e. G22-0103 Grande, Jason & Amy 14730 Annapolis Drive f. Moved item 18 to New Business 9f. G22-0108 Sperry, Jeffrey M. 2830 Koper Drive 5. Approval of Agenda Motion by Stickney, supported by Windhorst, to approve agenda. Yes: All Absent: None Motion carried. 6. Consent Agenda Moved by Stickney, supported by Martin, RESOLVED, to approve the Consent Agenda as amended. Yes: All Absent: None Motion carried. 1. Approval of the Minutes Regular Meeting June 13, 2022 2. G22-0094 Dawood, Nabil 33212 Sherwood Forest Drive RESOLVED, to declare that a public nuisance exists on the property commonly known as 33212 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. Board of Ordinance Appeals June 27, 2022 Regular Meeting Page 2 3. G22-0096 Asker, Mohamed 4959 Vista Court RESOLVED, to declare that a public nuisance exists on the property commonly known as 4959 Vista 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. 4. G22-0097 Hana, Thekra 2333 Hidden Trail Drive RESOLVED, to declare that a public nuisance exists on the property commonly known as 2333 Hidden Trail 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. G22-0100 BJ Retail Partners, LLC 13901 Metropolitan Parkway RESOLVED, to declare that a public nuisance exists on the property commonly known as 13901 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. 6. G22-0106 Hooiman, Olga K. 33050 Crestwell Drive RESOLVED, to declare that a public nuisance exists on the property commonly known as 33050 Crestwell 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. G22-0107 Habib, Maximus W. 4115 Dickson Drive RESOLVED, to declare that a public nuisance exists on the property commonly known as 4115 Dickson 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. G22-0091 Pitsenko, Sergey & Jade - 38531 Trafalgar Way house on a corner lot along Smethwick Road No pool. Sergey and Jade Pitsenko addressed the Board. Mr. Pitsenko indicated they would like a privacy fence on a corner lot more than 10 feet from the property. Mr. Ervin asked if they are aware, because of their neighbor on Smethwick, they need to do the corner clearance requirement of 25 feet for visual purposes. Mr. Pitsenko indicated yes. Mr. Ervin asked if they currently have a chain link fence. Mr. Pitsenko answered the chain link fence has been removed and there is nothing there now. 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 Windhorst, supported by Martin, RESOLVED, to approve case G22-0091 at 38531 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, Board of Ordinance Appeals June 27, 2022 Regular Meeting Page 3 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, and 4 Any violation of these conditions will render the variance void. Mr. Ervin asked for any comments from the Board. Being none, he asked for a roll call vote. Yes: Windhorst, Martin, Ervin, Mandl, Stickney No: None. Absent: None. Motion Carried. 8. Old Business None. 9. New Business a. G22-0092 Dodge Enterprise, LLC 35170 Dodge Park 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. Peter Gikas, VP of First Commercial Realty, addressed the Board. He indicated they are the managing agent for the property and explained they solicited bids and have selected a contractor they will sign with. He indicated they will take care of it and that they take pride in the shopping center. Mr. Ervin asked about the curb repairs and what kind of timeline the original citation but will look into getting that done also. Mr. Ervin then asked about the trees. Mr. Gikas indicated he was confused because when they purchased the property, there were no trees in the islands. He asked if there was a plan and stated they would plant the trees. Mr. Ervin indicated the landscape plan would have come from the Planning Department. Mr. Gikas said he would look into it. Mr. Ervin confirmed they are looking for a 30-day extension. Mr. Gikas answered yes. Mr. Ervin asked for any comments from the Board. Being none, he asked for public participation. There was none. Mr. Castor indicated the first notice went out in April and asked if they can make temporary repairs while waiting for it to be fixed. He talked about how bad the holes are in the lot and they need to make some kind of temporary fix. Mr. Gikas indicated he would like to get it fixed as soon as they can. 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 35170 Dodge Park Road and to direct the Code Official to abate the violations identified in the attached staff reports which give rise to this finding by July 27, 2022. 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. Mr. Ervin asked for any comments from Board members. Being none, he asked for a roll call vote. Yes: Stickney, Martin, Windhorst, Ervin, Mandl No: None Absent: None Motion carried. Board of Ordinance Appeals June 27, 2022 Regular Meeting Page 4 b. G22-0095 Maple Woods of Sterling Heights, LLC 34987 Strathcona Boulevard 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. Stuart Michaelson, one of the managers of Maple Woods development who resides in Birmingham, addressed the Board. He stated all the dead trees and limbs have been taken down and cleared. He explained he has a contractor who is supposed to be taking care of the landscaping. He signed a contract in April and it was supposed to be taken care of in May. He is hoping it will happen next week. He indicated some of the pictures which were shown are from Phase 2 which they are just finishing developing the lots. Mr. Ervin asked if he was requesting one week extension. Mr. Michaelson asked for a little more time in case the Mr. Ervin asked for any questions from the Board. Ms. Martin asked if the long grass is part of what the contractor will be taking care of. Mr. Michaelson answered yes. Mr. Castor asked for confirmation that all the dead trees have been removed. Mr. Michaelson answered yes and explained the deciduous trees have been taken care of. He indicated the contractor will take care of replacing the landscaping trees. Mr. Ervin asked for any further comments. Being none, 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 34987 Strathcona Boulevard and to direct the Code Official to abate the violations identified in the attached staff reports which give rise to this finding by July 7, 2022. 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. Mr. Ervin asked for any comments from Board members. Being none, he asked for a roll vote. Yes: Stickney, Martin, Windhorst, Ervin, Mandl No: None Absent: None Motion carried. c. G22-0098 Green, Merle Jean 38765 Covington Drive Code Enforcement Coordinator, Dana Vietto, stated as of today there has been no contact with the owner and there have been some changes to the property. Pictures were shown at this time. Mark Green, son of the homeowner (35885 Monroe Street, Richmond), addressed the Board. He explained has started to work on the property and will continue to clean it up. He indicated they will be selling the property in the next year as his mother is unable to maintain the property because of age and health issues. Mr. Ervin asked about trimming the trees. Mr. Green indicated he has done some of that. Mr. Ervin asked how much time he needs to complete the clean-up. Mr. Green asked for a week or two and indicated he was supposed to be going out of town for business. Mr. Ervin asked the Board for any questions. Being none, he asked for public participation. Also being none, he asked for a motion. Board of Ordinance Appeals June 27, 2022 Regular Meeting Page 5 Moved by Stickney, supported by Martin, 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 by July 7, 2022. 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. Mr. Ervin asked for any comments from the Board. Being none, he asked for a roll call vote. Yes: Stickney, Martin, Windhorst, Ervin, Mandl No: None Absent: None Motion carried. Mr. Green asked displayed the pictures and explained. d. G22-0099 Henry, Lori S. & Phillip A. 4288 Lin Drive Code Enforcement Coordinator, Dana Vietto, stated as of today there has been contact with the owner but there h change to the property. Pictures were shown at this time. Jordan Henry, son of the property owner, addressed the Board. He indicated he is living at the property. company to come out. Mr. Ervin asked him about the pool. Mr. Henry indicated last year he drained it and put a cover on it and Henry indicated he wants to get it rep stated he would have to get a permit for the fence. Mr. Ervin indicated he would also have to have the roof repaired. Mr. Ervin asked for questions from the Board. Ms. Windhorst asked where are the homeowners. Mr. Henry stated they are at their other home in Louisiana. Ms. Windhorst aware. Ms. Windhorst asked if he has any plans to discuss this with them. Mr. Henry answered yes. Ms. Martin explained getting the water out of the pool should be the number one priority. Mr. Henry explained he previously rented a pump from Home Depot and will get the water out. Mr. Ervin asked for any further questions. Mr. Castor explained pumping all the water out of the pool could case damage. He suggested getting a contractor out for things like the pool, fence, and roof and explained how to go about it. He also explained how to take care of some of the smaller items. 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 4288 Lin 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. Board of Ordinance Appeals June 27, 2022 Regular Meeting Page 6 e. G22-0103 Grande, Jason & Amy 14730 Annapolis 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. Amy Grande, homeowner who lives at 11257 Ford Ave., Warren, addressed the Board. She explained she owns the property but her brother and Kay reside there. She indicated Kay has been in contact with the code enforcement officer and is working on the repairs. She stated the siding was repaired and, on the garage, the boards were put up and painted today. Kay explained she is a waiting list for the repairs to be done and they indicated it would be about a month. Mr. Ervin asked if there is room in the garage to store the vehicle until it is repaired. Ms. Grande said not right now. She and Kay then displayed pictures from their phones of the progress. Mr. Ervin asked for questions from the Board. Mr. Stickney asked about getting the jeep towed or putting it in the garage. Ms. Grande indicated they would do one of the two options. Kay indicated the jeep is operatable and can be driven until it breaks. Mr. Castor asked if the car could be towed to where the association on it. Kay explained they use different mechanics. Mr. Castor asked if it could be driven instead of towed. Kay answered it probably would not make it to Belleville. Mr. Castor indicated concern if it is really operable. 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 14730 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 July 7, 2022. 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. f. G22-0108 Sperry, Jeffrey M. 2830 Koper 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. Jeffrey Sperry, homeowner, addressed the Board. He explained he has been with his mother who had been battling cancer. He had two different groups of friends stay at the house; they stole things and trashed it. He indicated he has been there about five days a week for the past three weeks trying to get the inside fixed up and when the notice was put . It was left there by someone who had stayed at the house and he wants it gone. He called the police who said to call the tow yard and then was told by them to call the police. He said he just wants it gone. Mr. Ervin asked about the gutter. Mr. Sperry said he can fix it; he just needs to borrow a ladder from the neighbor. He indicated there is so much, he is just trying to get it all done. He asked for about a week to get things done. Mr. Ervin asked for questions from the Board. Ms. Windhorst asked who actually owns the home. Mr. Sperry indicated he does that there are couple leans and a home equity. He explained he lost his job during covid so he is behind on his mortgage but is dealing with the mortgage company. Board of Ordinance Appeals June 27, 2022 Regular Meeting Page 7 Mr. Ervin indicated there was no other public present for 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 2830 Koper Drive and to direct the Code Official to abate the violations identified in the attached staff reports which give rise to this finding by July 7, 2022. 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. Absent: None. Motion carried. The meeting was adjourned at 8:16 p.m. Respectfully submitted, Robert Ervin Chairman Julie Windhorst Secretary Board of Ordinance Appeals Board of Ordinance Appeals