Board of Ordinance Appeals I

CITY OF STERLING HEIGHTS BOARD OF ORDINANCE APPEALS REGULAR MEETING MINUTES October 24, 2022 The Board of Ordinance Appeals held a public hearing at 7:00 p.m. on October 24, 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, Justin Smith, Mike Stickney, and Julie Windhorst Absent: Kathleen Martin Also in attendance: Jason Castor City Development Director and 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: G22-0304, G22-0310, G22-0315, G22-0317, G22-0324, G22-0326, G22-0330, G22- 0331, G22-0332, and G22-0334. 4. Removal of Consent Items to New Business a. Moved item 10 to New Business 9a. G22-0312 Patel, Sanjaykumar & Krishnaben 33049 Wendy Drive b. Moved item 19 to New Business 9b. G22-0321 Whitlow, Shenita 12322 Sorrento Boulevard c. Moved item 23 to New Business 9c. G22-0325 Engel, Gary & Sandra 42035 Gainsley Drive d. Moved item 26 to New Business 9d. G22-0328 Morris, Donovan 2226 Camel Drive 5. Approval of Agenda Motion by Mr. Stickney, supported by Ms. Windhorst, to approve agenda. Yes: All Absent: Martin Motion carried. 6. Consent Agenda Moved by Mr. Stickney, supported by Ms. Windhorst, RESOLVED, to approve the Consent Agenda as amended. Yes: All Absent: Martin Motion carried. 1. Approval of the Minutes Regular Meeting September 26, 2022 2. G22-0305 IP Van Dyke, LLC 36705 Van Dyke RESOLVED, to declare that a public nuisance exists on the property commonly known as 36705 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 October 24, 2022 Regular Meeting Page 2 3. G22-0306 Partners for Payment Relief 33538 Cornelissen Drive RESOLVED, to declare that a public nuisance exists on the property commonly known as 33538 Cornelissen 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. G22-0307 Biernacki, Kenneth & Linda 11203 Fairway Drive RESOLVED, to declare that a public nuisance exists on the property commonly known as 11203 Fairway 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. G22-0308 Yaldo, Raveen 4432 Little John Drive RESOLVED, to declare that a public nuisance exists on the property commonly known as 4432 Little John 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. G22-0309 Nissu, Randy 11186 Lorman Drive RESOLVED, to declare that a public nuisance exists on the property commonly known as 11186 Lorman 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. G22-0311 Barua, Shuba 34027 Northwood Court RESOLVED, to declare that a public nuisance exists on the property commonly known as 34027 Northwood 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. 8. G22-0313 Zubha Props RE, LP 33900 Van Dyke RESOLVED, to declare that a public nuisance exists on the property commonly known as 33900 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. 9. G22-0314 V7 Holding LLC 34204-34256 Van Dyke RESOLVED, to declare that a public nuisance exists on the property commonly known as 34204-34256 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. 10. G22-0316 Michigan Vanguard Properties LLC 2116 Hidden Trail Drive RESOLVED, to declare that a public nuisance exists on the property commonly known as 2116 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. Board of Ordinance Appeals October 24, 2022 Regular Meeting Page 3 11. G22-0318 Saeed, Layth 37031 Colgate Court RESOLVED, to declare that a public nuisance exists on the property commonly known as 37031 Colgate 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. 12. G22-0319 Awadish, Kamil 37622 Evergreen Drive RESOLVED, to declare that a public nuisance exists on the property commonly known as 37622 Evergreen 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. 13. G22-0320 Hakeem, Zaid 11931 Sorrento Boulevard RESOLVED, to declare that a public nuisance exists on the property commonly known as 11931 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. 14. G22-0322 Ridge Renovations LLC 37231 Saint Joseph Street RESOLVED, to declare that a public nuisance exists on the property commonly known as 37231 Saint 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. 15. G22-0323 Hayter, Paul 38544 Trafalgar Way RESOLVED, to declare that a public nuisance exists on the property commonly known as 38544 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. 16. G22-0327 Kott, Michelle L. 41150 Wessel Drive RESOLVED, to declare that a public nuisance exists on the property commonly known as 41150 Wessel 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. 17. G22-0329 Al-Sheikh, Roberta 3509 Hein Drive RESOLVED, to declare that a public nuisance exists on the property commonly known as 3509 Hein 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. 18. G22-0333 Steak N Shake & Subsidiaries 13800 Lakeside Circle RESOLVED, to declare that a public nuisance exists on the property commonly known as 13800 Lakeside Circle 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 24, 2022 Regular Meeting Page 4 7. Public Hearing a. G22-0293 Bertolone, John & Linda -36701 Weber Drive house on a corner lot along Bristor Drive no pool Linda Bertolone, homeowner, addressed the Board. She indicated she would like to put up a privacy fence around her backyard. Mr. Ervin asked what is to the rear of her property. Ms. Bertolone answered a park. Mr. Ervin asked if the park has any fencing or if it is her fencing. Ms. Bertolone answered it is her fencing. Mr. Ervin asked why there are gates to open in a toward the back of the yard. Ms. Bertolone explained when her daughter comes with her dog, it will go in there for safety reasons. Mr. Ervin asked about what looked like an approach and asked if they are planning on a second driveway. Ms. Bertolone indicated they are not putting a second driveway and explained there planted grass seed. Mr. Ervin asked if the wood and chain link fences will be coming down. Ms. Bertolone stated yes. Mr. Ervin asked for any questions from the Board. Ms. Windhorst indicated she noticed in one of the pictures provided, there was a vehicle parked. Ms. Bertolone explained they were storing that for a friend but it is gone. 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 Windhorst, RESOLVED, to approve case G22-0293 at 36701 Weber 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, 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: Stickney, Windhorst, Ervin, Mandl, Smith No: None Absent: Martin Motion Carried. b. G22-0294 Phillips, Patricia M. & Holland, F. 40880 Lafayette Drive house on a corner lot along Eighteen Mile Road no pool Patricia Phillips, homeowner, addressed the Board. She indicated she would like to put up a privacy fence just along the 18 Mile Road side of her backyard. Mr. Ervin asked if the fence is already up. Ms. Phillips answered no and explained she previously hired a contractor who was inexperienced who indicated he had everything under control with the permits and variance. He did not do that so she has hired Home Depot to do it properly and legally. 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 October 24, 2022 Regular Meeting Page 5 Moved by Stickney, supported by Windhorst, RESOLVED, to approve case G22-0294 at 40880 Lafayette 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, and 4 Any violation of these conditions will render the variance void. Mr. Ervin asked for any comments from Board members. Being none, he asked for a roll call vote. Yes: Stickney, Windhorst, Ervin, Mandl, Smith No: None Absent: Martin Motion Carried. c. G22-0303 Nguyen, Trinh, & Siharath, Amphone 36616 Chene Drive house on a corner lot along Jefferson Drive no pool Amphone Siharath and Trinh Nguyen, homeowners, addressed the Board. Mr. Siharath explained there was an existing fence and Mr. Ervin stated he was out at the property and he saw the fence was already up. He indicated it looked like it was done accordingly to meet the requirements with the triangular distance from the driveway. 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 Windhorst, RESOLVED, to approve case G22-0303 at 36616 Chene 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, and 4 Any violation of these conditions will render the variance void. Mr. Ervin asked for any comments from Board members. Being none, he asked for a roll call vote. Yes: Stickney, Windhorst, Ervin, Mandl, Smith No: None Absent: Martin Motion Carried. 8. Old Business a. G22-0263 Winchester, Robyn 40965 Pickett Ridge Road house on a corner lot along Eighteen Mile Road no pool. Mr. Ervin explained the Board of Ordinance Appeals II dealt with this variance request at their last meeting. Board of Ordinance Appeals October 24, 2022 Regular Meeting Page 6 9. New Business a. G22-0312 Patel, Sanjaykumar & Krishnaben 33049 Wendy Drive Code Enforcement Coordinator, Dana Vietto, stated as of today there has been no contact with the owner but there have been some changes to the property. Pictures were shown at this time. Sanjaykumar Patel, homeowner, addressed the Board. Mr. Patel indicated he has been dealing with his insurance. He understands the wood is out there but next year he plans to redo his deck. Mr. Ervin explained there can be no exterior storage and asked if he is planning to use the wood from the fence for the deck. Mr. Patel answered no and indicated he would remove it. Mr. Ervin asked how long he needs to get the issues taken care of. Mr. Patel asked for a few weeks for the wood as he is cutting it down to put out with the garbage. Mr. Ervin asked about the weeds and the landscape beds. Mr. Patel stated he cleaned that up. Mr. Ervin asked if he is asking for time to remove the wood. Mr. Patel answered yes. He explained he has to talk with DTE because last year there was a fire on their pole. When they replaced it, they took down his fence. DTE has replaced the lawn but they have not put the fence back up. Mr. Ervin asked Mr. Castor for any comments. Mr. Castor asked Mr. Patel if he contacted DTE. Mr. Patel answered yes. Mr. Castor asked if it is on a work order and if they have any plans to come back out. Mr. Patel explained the last time he spoke with them was in about July which had been one year since they took it down. DTE is now instructing him to talk to his neighbor because it is their fault for the fire. Mr. Castor indicated he needs to contact DTE again. Mr. Ervin asked for any questions from the Board. Mr. Stickney asked for pictures to be shown from earlier that day. Ms. Vietto displayed the pictures and Mr. Stickney explained there are still weeds. Mr. Patel stated he can remove them tomorrow. The pictures were displayed again and Mr. Ervin pointed out all the wood which needs to be removed. Mr. Patel asked if he could store it on the deck. Mr. Ervin answered no and stated there can not be any exterior storage. It has to be in an enclosed structure. 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 Mr. Stickney, supported by Ms. Windhorst, RESOLVED, to declare that a public nuisance exists on the property commonly known as 33049 Wendy 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 31, 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, Windhorst, Ervin, Mandl, Smith No: None Absent: Martin Motion carried. Board of Ordinance Appeals October 24, 2022 Regular Meeting Page 7 b. G22-0321 Whitlow, Shenita 12322 Sorrento Boulevard 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. Shenita Whitlow, homeowner, addressed the Board. She indicated when they came out in August, she was in Florida. When she got back about a week ago, she had the notifications. She explained every time she goes out of town, her neighbor calls the city. She stated he is using the city as a way of harassment. She had pictures of other properties on her block with the same things she is getting citatio moving things that are there and painting the garage door. She explained she just purchased title. This process takes about three to four weeks. She indicated she will be leaving on vehicle in the garage. Ms. Whitlow stated there is not room that she moved from a larger house. Mr. Ervin asked how much time she needs to take care of the other items. Ms. Whitlow stated she will take care of it tomorrow. Mr. Ervin asked about the pool cover. Ms. Whitlow stated she would go the next day and get another cover. Mr. Ervin also mentioned painting the service door on the garage and asked how much time she needed. Ms. Whitlow asked for two days. She asked about the fertilizer and the mulch and Mr. Ervin stated it needs to be stored in an enclosed structure. He suggested using bungy cords to help keep the lids on the garbage cans. Ms. Whitlow asked if this was from a complaint or the city personnel just driving past her house. Mr. Ervin indicated it was from a complaint. She also indicated she received a citation for her garbage can being on the wrong of the fence and explained it was there because her dog kept knocking it over and the trash was going in the yard and keep happening. Mr. Ervin asked for any questions from the Board. Being none, he asked for public participation. Being none, he asked for a motion. Moved by Mr. Stickney, supported by Ms. Windhorst, RESOLVED, to declare that a public nuisance exists on the property commonly known as 12322 Sorrento Boulevard and to direct the Code Official to abate the violations identified in the attached staff reports which give rise to this finding by October 28, 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, Windhorst, Ervin, Mandl, Smith No: None Absent: Martin Motion carried. c. G22-0325 Engel, Gary & Sandra 42035 Gainsley 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. Ms. Vietto to take care of the dead limbs. Board of Ordinance Appeals October 24, 2022 Regular Meeting Page 8 Shyler Engel, 50346 Van Dyke, Shelby Township, addressed the Board. He indicated he is the son of Gary and Sandra Engel who are non-homestead owners for the property. He asked this be moved to the next hearing as this has been under contract with Integrity Services and was supposed to be done on Tuesday. He indicated he submitted the proposal from a professional tree service. On Tuesday when the service came out, they were not prepared to go up that high and needed different equipment. The contractor indicated he may have been able to get it done as soon as Sunday but it was not done. Mr. Engel reached out to Integrity Services but they do not have an immediate date for him. He then reached out to two more tree service companies and one told him two weeks and the , already in place, can be performed. He also read ordinance 51.16 which had to do with destruction and diseased trees. He asked the Board to consider whether this is a public nuisance. He also explained this was brought forward under a prior violation and under a prior provision, landscaping and removal of weeds such as flowerbeds, which also asked the Board to consider if this is even appropriate. He stated his family has worked diligently to correct all the violations. He then pointed out there were other photos, not in the presentation, of limbs that were lower which they removed because they could reach them. He explained they have done everything within their reach and are waiting on the tree service for the rest. He stated this was a first violation. Mr. Ervin explained the main concern for the Board is the nuisance issues and gave the example if something comes off and strikes the home or someone. He further explained it he acknowledged they are trying to do, as opposed to ignoring the situation. Mr. Engel indicated again he the case, the Board, when making a motion, may grant an extension. Mr. Ervin asked the Board for any questions. Ms. Windhorst asked if there is someone living in the home at this time. Mr. Engel answered yes and stated there is a renter. Mr. Ervin asked the Board for any further questions. Being none, he asked for public participation. Also being none, he asked for a motion. Moved by Mr. Stickney, supported by Ms. Windhorst, RESOLVED, to declare that a public nuisance exists on the property commonly known as 42035 Gainsley Drive and to direct the Code Official to abate the violations identified in the attached staff reports which give rise to this finding November 11, 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, Windhorst, Ervin, Mandl, Smith No: None Absent: Martin Motion carried. Mr. Engel asked if there is already a lien placed or if that would be after November 11th. Mr. Ervin indicated that would be after November 11th. Mr. Engel then asked if any fees are imposed at this time. Mr. Ervin asked Mr. Castor for his input. Mr. Castor explained, for cases on the agenda, there is a fee which is assessed for the property. If it goes unpaid, the unpaid invoice would be transferred down the line. Mr. Engel asked if the Board considered the argued issue that it d that. It was indicated, from the Board, that was correct. Board of Ordinance Appeals October 24, 2022 Regular Meeting Page 9 d. G22-0328 Morris, Donovan 2226 Camel 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. Donovan Morris, homeowner, addressed the Board. He indicated there was confusion on his end and he reached out a few days after he received the notice back in June. He cleaned things up but he kept getting notices so was trying to understand what he was side it was on the fence line. Mr. Ervin asked how long he needs to get the issues taken care of. Mr. Morris stated he has Friday off and can do it then. He asked how is supposed to clear between the fences as he his neighbor. Mr. Morris asked if he could have another week in case he is not able to get to that on Friday. He then asked about the things along the garage. Ms. Vietto displayed the picture. Mr. Morris explained the previous picture showed he did take care of it. He contacted SavATree to come out and give an assessment to remove the stumps. When he reached out to the city regrow. Mr. Ervin asked the Board for any questions. Being none, he asked for public participation. Also, being none, he asked for a motion. Moved by Mr. Stickney, supported by Ms. Windhorst, RESOLVED, to declare that a public nuisance exists on the property commonly known as 2226 Camel 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 31, 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, Windhorst, Ervin, Mandl, Smith No: None Absent: Martin Motion carried. 10. Public Participation None. 11. Adjournment Motion by Mr. Stickney, supported by Ms. Windhorst, to adjourn the meeting. Yes: All Absent: Martin Motion carried. The meeting was adjourned at 8:06 p.m. Respectfully submitted, Robert Ervin Chairman Julie Windhorst - Secretary Board of Ordinance Appeals Board of Ordinance Appeals