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 September 17, 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 (excused), Derek B. D’Angelo – Vice- Chairman, Michael Sauger – Secretary, 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 – G14-0248, G14-0249 & G14-0253. 4. Removal of Consent Items to New Business- None 5. Approval of Agenda Motion by Kollmorgen, supported by Palmeri to approve agenda. Yes: All. Motion carried. 6. Consent Agenda Moved by Sauger, supported by Kollmorgen, RESOLVED, to approve the Consent Agenda as amended: Yes: Kollmorgen, Palmeri, Sauger No: None. Abstain: D’Angelo. Absent: Kremhelmer. Motion carried. 1. To approve the minutes of the regular meeting of August 20, 2014, as presented. 2. G14-0247 Dworniczak, Kathryn – 3087 Barton Drive RESOLVED, to declare that a public nuisance exists on the property commonly known as 3087 Barton 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. G14-0250 Johns, Jennifer & Davis, Vincent – 3697 Jennifer Drive RESOLVED, to declare that a public nuisance exists on the property commonly known as 3697 Jennifer 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. G14-0251 Sterling Limited, LLC – 34841 Mound Road RESOLVED, to declare that a public nuisance exists on the property commonly known as 34841 Mound Road 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. G14-0252 Moore, Anjela & JP Morgan Chase Bank – 38944 Lowell Court RESOLVED, to declare that a public nuisance exists on the property commonly known as 38944 Lowell 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. Ordinance Board of Appeals II September 17, 2014 Regular Meeting Page 2 7. Public Hearings a G14-0246 Mansor, Rauta & Kacho, Fidaa – 13786 Brougham Drive Fence variance- asking Board approval to allow a 6’ PVCI privacy fence along the side yard of Schoenherr Road. Fidaa Kacho, owner, was present. Mr. Kacho stated that he has an existing cyclone fence that he would like to replace with a privacy fence to reduce the sound by ninety percent since he lives so close to Freedom Hill. Mr. D’Angelo asked Ms. Gerstenberg for an explanation as to why Mr. Kacho has to go in front of the Board. Ms. Gerstenberg stated that the Ordinance requires that whenever there is a request for a privacy fence on a corner lot that a variance must be applied for and approved by the Ordinance Board of Appeals. Mr. Kacho is following the appropriate procedure. He submitted a building plan for review. The building department has no objective to the fence variance. Residents are required by Ordinance to come before the Board to ask for permission to install a sight obscuring fence. The reason is because on corner lots there may be driveways or other sight obstructions that may impair the abilities of people to see pedestrians. The Board needs to review the plans before the fence is approved. RESOLVED, to approve case G14-0246 at 13786 Brougham 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. Yes: D’Angelo Kollmorgen, Palmeri, Sauger No: None. Absent: Kremhelmer. Motion carried. 7. Old Business - None 9. New Business - None 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 3:11 pm Respectfully submitted. Bruce Kremhelmer Michael Sauger Bruce Kremhelmer, Chairman Michael Sauger, Secretary Ordinance Board of Appeals II Ordinance Board of Appeals II