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 June 17, 2015 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 3:01 pm 2. Roll Call: Derek B. D’Angelo – Vice-Chairman, Michael Sauger – Secretary, Al L. Kollmorgen, Paul Palmeri, Denice Gerstenberg – City Development Director, 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 – G15-0081, G15-0082, G15-0083, G15-0085, G15-0086, G15-0087, G15-0088, G15-0089, G15-0090 & G15-0092 4. Removal of Consent Items to New Business- a. Moved item 14 to New Business 9a. G15-0091 Fifth Third Mortgage Company – 11309 Jacqueline Drive 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: All. Motion carried. a To approve the minutes of the regular meeting of May 20, 2015, as presented. 1. G15-0078 Wingett, Ronald J. & Federal Home Loan Mortgage Corp. – 36600 Jackman Drive RESOLVED, to declare that a public nuisance exists on the property commonly known as 36600 Jackman 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. 2. G15-0079 Lasso, Thekra – 39025 Durand Court RESOLVED, to declare that a public nuisance exists on the property commonly known as 39025 Durand 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. 3. G15-0084 Depaul, Antwan – 43264 Winterfield Drive RESOLVED, to declare that a public nuisance exists on the property commonly known as 43264 Winterfield 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 Hearing a. G15-0077 Torongo, John – 42647 Utica Road Fence variance - asking Board approval to allow a 6’ PVCI sight obscuring fence 20’ from Ogden Road along the side yard. John Torongo, owner, was present. Mr. Torongo stated that he wants to put up a privacy fence because he has dogs and kids and there is heavy traffic on Ogden. He plans on putting up a pool in the future. Al Kollmorgen asked if sidewalks were put in would it impact the fence. Ms. Gerstenberg stated that the right of way on Ogden road would be thirty-three feet from the center line of the road. If a sidewalk was ever installed it would not impact the fence. Ms. Gerstenberg asked if the fence is connected to the house. Mr. Torongo clarified that the fence is connected to the house. Mr. Palmeri asked if there would be any sight obstruction along the neighbors’ driveway. Mr. Torongo stated he is putting the fence at an angle so there is no sight obstruction from the fence. Ordinance Board of Appeals II June 17, 2015 Regular Meeting Page 2 Moved by Sauger, supported by Kollmorgen RESOLVED, to approve case G15-0077 at 42647 Utica Road 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: None. Motion carried. 8. Old Business 9. New Business a. G15-0091 Fifth Third Mortgage Company – 11309 Jacqueline Drive Code Enforcement Officer, Paul Geiger, stated as of today there have been no changes. Pictures were shown at this time. Beverly King, representative of Fifth Third Mortgage Company, was present. Ms. King stated that she notified the bank and the grass will be cut today. They are receiving bids for the rest of the work. Ms. King stated that they would need thirty days to get everything done. Mr. Kollmorgen asked Mr. Geiger if thirty days was a reasonable amount of time. Mr. Geiger stated that the grass needs to be cut and the door needs to be boarded up right away. Ms. King stated that the lawn company will be out there today and weekly from now on. She stated that she will have her crew take care of the property. Moved by Sauger, supported by Kollmorgen, RESOLVED, to declare that a public nuisance exists on the property commonly known as 11309 Jacqueline Drive and to direct the Code Official to abate the violations identified in the attached staff reports, which give rise to this finding after July 15, 2015. 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, Palmeri, Sauger No: None. Absent: None. Motion carried. 10. Public Participation 11. Adjournment Motion by Kollmorgen, supported by Sauger to adjourn the meeting. Yes: All. Motion carried. The meeting was adjourned at 3:22 pm Respectfully submitted. Derek D’Angelo Michael Sauger Acting Chairman Michael Sauger, Secretary Ordinance Board of Appeals II Ordinance Board of Appeals II