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 May 11, 2016 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. Acting Chairman Sauger called the meeting to order at 3:03 pm 2. Roll Call: Derek B. D’Angelo – Vice-Chairman (excused), Michael Sauger – Secretary, Al L. Kollmorgen, Michael Stickney, 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 – G16- 0037, G16-0040, G16 -0042 & G16-0043. 4. Removal of Consent Items to New Business- a. Moved item 4 to New Business 9a. G16-0038 Priehs, Tommassinna Marjorie – 13251 Clinton River Road b. Moved item 5 to New Business 9b. G16-0039 Nationstar Mortgage, LLC – 40442 Lexington Park Drive c. Moved item 7 to New Business 9c. G16-0041 Wehmeyer, Douglas – 11500 Farthing Drive 5. Approval of Agenda Motion by Stickney, supported by Kollmorgen to approve agenda. Yes: All. Motion carried. 6. Consent Agenda Moved by Kollmorgen, supported by Stickney, RESOLVED, to approve the Consent Agenda as amended: Yes: All. Motion carried. 1. To approve the minutes of the regular meeting of October 14, 2015, as presented. 2. G16-0036 Dugan, Lynn Athena – 33700 Curcio Drive RESOLVED, to declare that a public nuisance exists on the property commonly known as 33700 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. 3. G16-0044 Indiana Investments, LLC – 43030 Schoenherr Road RESOLVED, to declare that a public nuisance exists on the property commonly known as 43030 Schoenherr 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 Hearing a. G16-0021 Jabr, Nora - 42161 Schoenherr Road Dangerous Dog – Appeal of dangerous dog determination. Ms. Gerstenberg notified that Board that this case was removed from the agenda. 8. Old Business Ordinance Board of Appeals II May 11, 2016 Regular Meeting Page 2 9. New Business a. G16-0038 Priehs, Tommassinna Marjorie – 13251 Clinton River Road Code Enforcement Officer, Paul Geiger, stated as of today there have been some changes. Pictures were shown at this time. Tommassinna Priehs, owner, was present. Ms. Priehs stated that driveway was cleaned and grass was seeded. She will remove the cinder blocks and will keep the driveway cleaned. The end of her driveway floods every time it rains. Keeping the debris off is a daily thing. Mr. Sauger asked Ms. Priehs if she understood everything. Ms. Priehs stated, “Yes.” Mr. Kollmorgen asked how much time she needs. Ms. Priehs stated by the weekend it will all be done. Moved by Kollmorgen, supported by Stickney, RESOLVED, to declare that a public nuisance exists on the property commonly known as 13251 Clinton River 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: Kollmorgen, Sauger, Stickney No: None. Absent: D’Angelo. Motion carried. b. G16-0039 Nationstar Mortgage, LLC – 40442 Lexington Park Drive Code Enforcement Officer, Paul Geiger, stated as of today there have been some changes. Need to add safety cover for pool on agenda statement. Pictures were shown at this time. Owner, was not present, they sent a letter to ask for more time. Mr. Sauger stated that the Board received a correspondence from the property maintenance company. The property maintenance company stated in the letter that they have assigned contractors to take care of the trash, lawn and maintenance of the pool by May 13, 2016. Moved by Kollmorgen, supported by Stickney, RESOLVED, to declare that a public nuisance exists on the property commonly known as 40442 Lexington Park 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. Yes: Kollmorgen, Sauger, Stickney No: None. Absent: D’Angelo. Motion carried. c. G16-0041 Wehmeyer, Douglas – 11500 Farthing Drive Code Enforcement Officer, Paul Geiger, stated as of today there have been no changes. Pictures were shown at this time. Owner, was not present, he sent a letter stating that he was unable to attend the meeting today. Mr. Geiger showed pictures of the front lawn dead and scattered with piles of woodchips. Mr. Geiger stated that the zoning ordinance does require that areas that are not part of the driveway have to have some type of living plant material. Mr. Geiger showed pictures of the shingles off of the garage roof. Mr. Sauger stated that the Board received a correspondence from the homeowner stating that he would be out of town and the roofing damage was caused by wind damage. Moved by Stickney, supported by Kollmorgen, RESOLVED, to declare that a public nuisance exists on the property commonly known as 11500 Farthing 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 May 11, 2016 Regular Meeting Page 3 Yes: Kollmorgen, Sauger, Stickney No: None. Absent: D’Angelo. Motion carried. 10. Public Participation 11. Adjournment Motion by Kollmorgen, supported by Stickney to adjourn the meeting. Yes: All. Motion carried. The meeting was adjourned at 3:21 pm Respectfully submitted. Derek D’Angelo Michael Sauger Acting Chairman Michael Sauger, Secretary Ordinance Board of Appeals II Ordinance Board of Appeals II