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 July 23, 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 (excused), Al L. Kollmorgen, Paul Palmeri, Denice Gerstenberg – City Development Manager, Paul Geiger- Code Enforcement Officer, Dana Vietto - Recording Secretary 3. Report from City Liaison – Denice Gerstenberg 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 – G14-0140, G14-0144, G14-0147, G14-0149, G14-0151 & G14-0155 4. Removal of Consent Items to New Business a. Moved item 14 to New Business 9a. G14-0152 Thalheim, David M. & Dawn M. – 40472 William 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 Palmeri, RESOLVED, to approve the Consent Agenda as amended: 1. To approve the minutes of the regular meeting of June 18, 2014, as presented. 2. G14-0141 Larsa, LLC – 3995 Fourteen Mile Road RESOLVED, to declare that a public nuisance exists on the property commonly known as 3995 Fourteen 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. 3. G14-0142 Federal Home Loan Mortgage Corp. – 33932 Viceroy Drive RESOLVED, to declare that a public nuisance exists on the property commonly known as 33932 Viceroy 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. G14-0143 Shakfa, Mohamad – 2052 Logan Drive RESOLVED, to declare that a public nuisance exists on the property commonly known as 2052 Logan 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. 5. G14-0145 Chmielewski, Paul – 2141 Newell Drive RESOLVED, to declare that a public nuisance exists on the property commonly known as 2141 Newell 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. Ordinance Board of Appeals II July 23, 2014 Regular Meeting Page 2 6. G14-0146 Bank of America, N.A. – 38109 Lincolndale Drive RESOLVED, to declare that a public nuisance exists on the property commonly known as 38109 Lincolndale 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. G14-0148 Alba, Arthur & Mina – 5277 Peekskill Drive RESOLVED, to declare that a public nuisance exists on the property commonly known as 5277 Peekskill 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. G14-0150 Luen, Wang & Chan, May - Sheung – 4785 Dreon Court RESOLVED, to declare that a public nuisance exists on the property commonly known as 4785 Dreon 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. 9. G14-0153 Warrington, Richard – 14562 Kerner Drive RESOLVED, to declare that a public nuisance exists on the property commonly known as 14562 Kerner 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. G14-0154 Bittner, Otto – 8839 Kidley Drive RESOLVED, to declare that a public nuisance exists on the property commonly known as 8839 Kidley 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 Hearings a. G14-0156 Thomas, Anthony & Marianne – 8751 Mary Ann Drive Fence variance- asking Board approval to allow a 5’ wood privacy fence along the side yard Sebastian Lane Drive. Anthony Thomas, owner, was present. Mr. Thomas stated that ninety percent of his back yard is concrete and he is planning to put in a shed for more storage. When he received the first letter regarding his fence permit it stated; make the following corrections. No corrections were listed on the letter. When he received the second letter he came to the city to get the variance paperwork started. Mr. Kremhelmer stated that he went to the property and measured seventeen feet from the sidewalk to the fence. Ms. Gerstenberg stated that the side yard setback is twenty feet. Mr. Kollmorgen stated that he has no problems with the variance. RESOLVED, to approve case G14-0156 at 8751 Mary Ann Drive for a three foot fence variance 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. Yes: D’Angelo, Kollmorgen, Kremhelmer, Sauger No: None. Absent: Sauger. Motion carried. 8. Old Business Ordinance Board of Appeals II July 23, 2014 Regular Meeting Page 3 9. New Business a. G14-0152 Thalheim, David M. & Dawn M. – 40472 William Drive Code Enforcement Officer, Paul Geiger, stated as of today there have been no changes. Pictures were shown at this time. David Thalheim, owner, was present. Mr. Thalheim stated that fifty percent has been corrected. Mr. D’Angelo stated that Mr. Thalheim has been working on painting the house. The overgrowth can be done immediately. He wants to know when the painting will be done. Mr. Thallheim stated he could have it done by the end of August. Mr. Kollmorgen stated that Mr. Thallheim did not respond to any of the three notices he was mailed. Mr. Thalheim stated that he did not know he needed to contact the city. He did not have any questions. Moved by D’Angelo supported by Kollmorgen, RESOLVED, to declare that a public nuisance exists on the property commonly known as 40472 William Drive and to direct the Code Official to abate the violations identified in the attached staff reports, which give rise to this finding after August 6, 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: Sauger. Motion carried. 10. Public Participation – None 11. Adjournment Motion by D’Angelo, supported by Palmeri to adjourn the meeting. Yes: All. Motion carried. The meeting was adjourned at 3:28 pm Respectfully submitted. Bruce Kremhelmer, Chairman Michael Sauger, Secretary Ordinance Board of Appeals II Ordinance Board of Appeals II