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 November 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, 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 and new business as they have been cleaned up prior to the meeting – G14- 0328, G14-0331, G14-0332, G14-0333, G14-0334, G14-0335, G14-0336, G14-0338, G14-0339, G14- 0340, G14-0343, G14-0345 & G14-0348. b. A new ordinance has been put in effect as of October 13, 2014. On April 1, 2014 the Sterling Heights City Council adopted an amendment to our zoning ordinance 278 which regulates real estate signs, the temporary signs that are used to advertise for sale or for lease on commercial properties. Enforcement began on October 13, 2014. Prior to enforcement beginning, the real estate brokers were mailed letters advising them there have been amendments made to the existing ordinance. For now on the existing permanent ground sign must be used first if space is available before erecting a temporary real estate sign. A temporary real estate sign permit must be applied for and issued by the building department if there has never been a sign on the property previously. City council has waived all permit fees for the first two years of this program. If a temporary real estate sign is allowed specific construction materials and methods are required to be followed. Those construction requirements include: the sign must be made of ½ or thicker of high density ply wood with 4 by 4 pressure treated support posts, decorate post caps and supporting frame work must be painted a uniform color. The sign may not exceed 16 square feet. That is the maximum amount of square footage allowed. The code enforcement officers have been out enforcing this new ordinance as of October 13, 2014. The property owners that have not been in compliance have received notices that they need to remove the existing sign if they do not meet the ordinance. Under new business we have three items on the agenda for signs that are not in compliance and have not been removed to date, even though those owners have been notified that the sign must be removed. 4. Removal of Consent Items to New Business- a Moved item 3 to New Business 9d. G14-0327 Bieniasz, Barbara – 3650 Franklin Park Drive b Moved item 14 to New Business 9e. G14-0341 Robinson, Kenneth – 4721 Nathan West c Moved item 15 to New Business 9f. G14-0342 Green, James W. – 40114 Walter Drive d Moved item 17 to New Business 9g. G14-0344 Dinan, J.D. – 36822 Ryan Road 5. Approval of Agenda Motion by Kollmorgen, supported by D’Angelo to approve agenda. Yes: All. Motion carried. 6. Consent Agenda Moved by D’Angelo, supported by Kollmorgen, RESOLVED, to approve the Consent Agenda as amended: Yes: All. Motion carried. 1. To approve the minutes of the regular meeting of October 15, 2014, as presented. 2. G14-0326 JP Morgan Chase Bank, N.A. – 33827 Timmy Drive RESOLVED, to declare that a public nuisance exists on the property commonly known as 33827 Timmy 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 November 19, 2014 Regular Meeting Page 2 3. G14-0329 Mohan, Brijesh – 33854 Curcio Drive RESOLVED, to declare that a public nuisance exists on the property commonly known as 33854 Curcio 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. G14-0330 Schmitt, Michael J. – 11166 Forrer Drive RESOLVED, to declare that a public nuisance exists on the property commonly known as 11166 Forrer 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. G14-0349 Flagstar Bank – 43538 Sunnypoint Drive RESOLVED, to declare that a public nuisance exists on the property commonly known as 43538 Sunnypoint 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 8. Old Business 9. New Business a. G14-0337 Tayah, Crystal Ann – 14800 Nineteen Mile Road Code Enforcement Officer, Paul Geiger, stated as of today the real estate sign was not in compliance with the new ordinance. Pictures were shown at this time. Moved by D’Angelo supported by Sauger, RESOLVED, to declare that a public nuisance exists on the property commonly known as 14800 Nineteen 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. Yes: D’Angelo, Kollmorgen, Kremhelmer, Palmeri, Sauger No: None. Absent: None. Motion carried. b. G14-0346 Centro/IA Delco Plaza, LLC – 11800 Hall Road Code Enforcement Officer, Paul Geiger, stated as of today the real estate sign was not in compliance with the new ordinance. Pictures were shown at this time. Bryan Wissinhunt, senior property manager for Delco plaza, was present. Mr. Wissinhunt stated that they did not receive notices because the notices have been going to their Arizona address. By the time they found out about the violations, the violations were already moving to the final stages. Mr. Wissinhunt stated that he wants to work with the city to correct the violations at all of their properties. Mr. Kremhelmer gave Mr. Wissinhunt a copy of the new ordinance. Ms. Gerstenberg stated that the ground sign can be sixteen square feet. They can have a triangular sign that can be sixteen square feet on either side. Ms. Gerstenberg stated that the Board is here to consider listening to the petitioner and asking him how long it will take him to remove the existing ground sign. The only thing that the Board is discussing today is whether the sign should be removed. It is in violation per City ordinance. The petitioner has not removed the sign. If the petitioner would like more information about the requirements of a ground sign or if he would like to change something that he is proposing to put up, he would need to go to the internal city administrative review board. The only thing that the Ordinance Board is dealing with is the removal of the sign that is currently in violation of the ordinance. The code enforcement officer is available today so the petitioner can walk down and discuss the specific requirements of the ordinance. Mr. D’Angelo asked Ms. Gerstenberg if they are able to have signs up for lease if they are completely full. Ms. Gerstenberg stated that if the spaces are all full then they are not allowed to have a ground sign that is for lease. Mr. Kremhelmer asked Ordinance Board of Appeals II November 19, 2014 Regular Meeting Page 3 Ms. Gerstenberg if they can only have one sign. Ms. Gerstenberg stated that if there is room on the monument sign they are required to just have the monument sign. Mr. Kremhelmer stated that if all of the spaces are leased than they can’t have a real estate sign. If he wants relief for the monument sign he needs to come to an administrative review board. Mr. D’Angelo asked Mr. Wissinhunt how much time he needs. Mr. Wissinhunt stated he could have it down within a week. Moved by D’Angelo supported by Kollmorgen, RESOLVED, to declare that a public nuisance exists on the property commonly known as 11800 Hall Road and to direct the Code Official to abate the violations identified in the attached staff reports, which give rise to this finding after November 26, 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, Palmeri, Sauger No: None. Absent: None. Motion carried. c. G14-0347 Guastello, Thomas – 12350 Hall Road Code Enforcement Officer, Paul Geiger, stated as of today the real estate sign was not in compliance with the new ordinance. Pictures were shown at this time. Moved by Sauger supported by D’Angelo, RESOLVED, to declare that a public nuisance exists on the property commonly known as 12350 Hall 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. Yes: D’Angelo, Kollmorgen, Kremhelmer, Palmeri, Sauger No: None. Absent: None. Motion carried. d. G14-0327 Bieniasz, Barbara – 3650 Franklin Park Drive Code Enforcement Officer, Paul Geiger, stated as of today there have been no changes. Pictures were shown at this time. Barbara Bieniasz, owner, was present. Ms. Bieniasz stated that the majority has been cleaned up. She doesn’t understand why the wood is not allowed. She has had the wood there for ten years. Mr. Geiger stated that the wood has to be three feet from the side property line. Mr. Geiger stated that she could put the wood against the house or the back fence. The wood must be at least eight inches off of the ground. Ms. Bieniasz stated that she can’t put it against her house because of her insurance company. She doesn’t want to put it in the garage. Mr. Geiger stated that the nuisance growth and the outdoor storage need to be taken care of. Mr. Kremhelmer asked her how long it will take her. Ms. Bieniasz stated that it will take her about a month. Moved by D’Angelo supported by Kollmorgen, RESOLVED, to declare that a public nuisance exists on the property commonly known as 3650 Franklin Park Drive and to direct the Code Official to abate the violations identified in the attached staff reports, which give rise to this finding after December 3, 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, Palmeri, Sauger No: None. Absent: None. Motion carried. e. G14-0341 Robinson, Kenneth – 4721 Nathan West Code Enforcement Officer, Paul Geiger, stated as of today there have been some changes. Pictures were shown at this time. Lashan Summly, fiancé of owner, was present. Ms. Summly stated that they cut the trees down, but it was more than anticipated. State Farm insurance has approved the roof and is getting estimates. The paint work and door will be done by spring. Mr. Kremhelmer asked why this has been going on so long. Ms. Summly stated that they did not have the money to fix it. Mr. Palmeri asked why the homeowner was not here today. Ms. Summly stated that he is at work. Mr. D’Angelo stated that the homeowner can clean up the property before the city contractor does. Ordinance Board of Appeals II November 19, 2014 Regular Meeting Page 4 Moved by Sauger supported by D’Angelo, RESOLVED, to declare that a public nuisance exists on the property commonly known as 4721 Nathan West and to direct the Code Official to abate the violations identified in the attached staff reports, which give rise to this finding after December 3, 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, Palmeri, Sauger No: None. Absent: None. Motion carried. f. G14-0342 Green, James W. – 40114 Walter Drive Code Enforcement Officer, Paul Geiger, stated as of today there have been no changes. Pictures were shown at this time. James Green, owner, was present. Mr. Green stated that he tried to fix the porch. He has a contractor now to do the work but needs until spring, due to the weather. Mr. Kollmorgen asked Mr. Geiger if concrete can be poured this time of year. Mr. Geiger stated that the contractor might not want to do a porch right now because they need more than a day. They could tear out what is there and put cinder blocks down until spring and then replace the porch. The porch is a danger how it is now. Moved by Sauger supported by Kremhelmer, RESOLVED, to declare that a public nuisance exists on the property commonly known as 40114 Walter Drive and to direct the Code Official to abate the violations identified in the attached staff reports, which give rise to this finding after December 17, 2014 and direct the contractor to remove the damaged porch and pull a permit within the four week period. 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, Palmeri, Sauger No: None. Absent: None. Motion carried. g. G14-0344 Dinan, J.D. – 36822 Ryan Road Code Enforcement Officer, Paul Geiger, stated as of today there have been no changes. A permit was pulled yesterday for a new sign. Pictures were shown at this time. Kim Patterson, management company, was present. Trevor Holden, sign company, was present. Mr. Holden stated that a permit was pulled to replace the sign. Once permits are all received it should take about four to six weeks. Ms. Patterson showed the Board pictures of the new sign. Moved by D’Angelo supported by Kollmorgen, RESOLVED, to declare that a public nuisance exists on the property commonly known as 36822 Ryan Road and to direct the Code Official to abate the violations identified in the attached staff reports, which give rise to this finding after December 31, 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, Palmeri, Sauger No: None. Absent: None. Motion carried. 10. Public Participation 11. Adjournment Motion by Sauger, supported by D’Angelo to adjourn the meeting. Yes: All. Motion carried. The meeting was adjourned at 4:12 pm Respectfully submitted. Bruce Kremhelmer Michael Sauger Bruce Kremhelmer, Chairman Michael Sauger, Secretary Ordinance Board of Appeals II Ordinance Board of Appeals II