Board of Ordinance Appeals II

CITY OF STERLING HEIGHTS NOTICE OF PUBLIC HEARING The Ordinance Board of Appeals II held a public hearing at 3:00 p.m. on Wednesday February 19, 2014 at the 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. Chairman Kremhelmer called the meeting to order at 3:00 pm 2. Roll Call: Bruce Kremhelmer - Chairman, Derek B. D’Angelo – Vice- Chairman, Michael Sauger - Secretary, Al L. Kollmorgen, Paul Palmeri (absent), Denice Gerstenberg - City Development Manager (absent), Don Mende – City Planner, Paul Geiger- Code Enforcement Officer, Dana Vietto - Recording Secretary 3. Report from City Planner – Don Mende a. All petitioners were notified by first class mail about today’s meeting. Remove the following items from the consent agenda as they have been cleaned up prior to the meeting – G14-0018 & G14-0019 4. Removal of Consent Items to New Business a. Moved item 5 to New Business 9a. G14-0021 Federal National Mortgage Assoc. – 8559 Plumbrook Road b. Moved item 7 to New Business 9b. G14-0023 Sufka, Adam R. – 34473 Esper Drive 5. Approval of Agenda Motion by D’Angelo, supported by Kollmorgen to approve agenda. Yes: All. Motion carried. 6. Consent Agenda Moved by Kollmorgen, supported by D’Angelo, RESOLVED, to approve the Consent Agenda as amended: 1. To approve the minutes of the regular meeting of January 15, 2014, as presented. 2. G14-0020 Jewett, Mark S. & Fannie Mae – 40652 Firesteel Drive RESOLVED, to declare that a public nuisance exists on the property commonly known as 40652 Firesteel Drive and to direct the Code Official to abate the violations identified in the attached staff reports which give rise to this finding immediately. The Board also authorizes and approves the imposition of a lien against the property, in the amount of the cost of abatement incurred by the City, as permitted by the applicable city ordinance. 3. G14-0022 Cholagh, Nafe I. – 36774 La Marra Drive RESOLVED, to declare that a public nuisance exists on the property commonly known as 36774 La Marra Drive 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. G14-0024 Marcus Plaza, LLC – 33120 Ryan Road RESOLVED, to declare that a public nuisance exists on the property commonly known as 33120 Ryan Road and to direct the Code Official to abate the violations identified in the attached staff reports which give rise to this finding immediately. The Board also authorizes and approves the imposition of a lien against the property, in the amount of the cost of abatement incurred by the City, as permitted by the applicable city ordinance. 7. Public Hearings - None 8. Old Business 9. New Business a. G14-0021 Federal National Mortgage Assoc. – 8559 Plumbrook Road Code Enforcement Officer, Paul Geiger, stated as of today there have been no changes. Pictures were shown at this time. Howard Grey, Real Living Key Reality, was present. Mr. Grey agrees with the conditions of the property. Mr. Grey stated that they took possession of the property on January 15, 2014. Ordinance Board of Appeals II February 19, 2014 Regular Meeting Page 2 He is asking for seven days to clean up the property. Mr. Grey asked Mr. Geiger if he can remove just the section of the fence that is in disrepair. Mr. Geiger stated that the section of the fence that is in disrepair must be repaired or the whole fence must be removed. Mr. Grey asked the Board for two weeks to remove the fence. Moved by D’Angelo, supported by Kollmorgen, RESOLVED, to declare that a public nuisance exists on the property commonly known as 8559 Plumbrook Road and to direct the Code Official to abate the violations identified in the attached staff reports, which give rise to this finding after March 5, 2014. 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: D’Angelo, Kollmorgen, Kremhelmer, Sauger No: None. Absent: Palmeri. Motion carried. b. G14-0023 Sufka, Adam R. – 34473 Esper Drive Code Enforcement Officer, Paul Geiger, stated as of today there have been no changes. Pictures were shown at this time. Adam Sufka, owner, was present. Mr. Sufka stated that he did not have the resources to remove the shed. He stated that he is aware of the ordinance that the shed must be ten feet away from the house. Mr. Sufka would like to ask for a variance for the shed because the shed was there when he purchased the house. Mr. D’Angelo stated that this is not the Board to ask for a variance. We have gotten to this point now where you need to take care of it and if you do not have the resources to take care of it then we will order the City to take care of it and bill you for it. If you own the property now you are liable for the property. Mr. Mende explained that the ten foot rule is for all accessory structures located next to a principle building. It is primarily for a fire safety/building safety issue to have that separation distance between two buildings. The City does not know how the shed was constructed and if it meets any of the fire codes or building codes. If you are looking for a variance it would be the Zoning Board of Appeals that you would need to apply to. Mr. Kremhelmer asked Mr. Sufka if he would like to go in front of the Zoning Board of Appeals for a variance. Mr. Sufka decided that he will remove the shed himself. Moved by Sauger, supported by D’Angelo, RESOLVED, to declare that a public nuisance exists on the property commonly known as 34473 Esper Drive and to direct the Code Official to abate the violations identified in the attached staff reports, which give rise to this finding after March 5, 2014. 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: D’Angelo, Kollmorgen, Kremhelmer, Sauger No: None. Absent: Palmeri. Motion carried. 10. Public Participation - None 11. Adjournment Motion by Sauger, supported by Kollmorgen to adjourn the meeting. Yes: All. Motion carried. The meeting was adjourned at 3:20 pm Respectfully submitted. Bruce Kremhelmer, Chairman Michael Sauger, Secretary Ordinance Board of Appeals II Ordinance Board of Appeals II