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 October 19, 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. Chairman D’Angelo called the meeting to order at 3:00 pm 2. Roll Call: Derek B. D’Angelo – Chairman, 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- 0265, G16-0267, G16 -0268, G16-0269, G16-0270, G16-0271, G16-0272, G17-0273, G16-0277, G16-0279 & G16-0281 4. Removal of Consent Items to New Business- a. Moved item 2 to New Business 9a. G16-0264 JMJ Sterling, LLC – 13221 Fourteen Mile Road b. Moved item 13 to New Business 9b. G16-0275 Rein, Gerald & Suzanne – 13674 Clinton River Road c. Moved item 14 to New Business 9c. G16-0276 Nowacek, Gregg & Judy – 4847 Nathan West 5. Approval of Agenda Motion by Kollmorgen, supported by Stickney to approve agenda. Yes: All. Motion carried. 6. Consent Agenda Moved by Stickney, 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 September 21, 2016, as presented. 2. G16-0266 Equicredit Corp. of America – 11117 Mandale Drive RESOLVED, to declare that a public nuisance exists on the property commonly known as 11117 Mandale 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. G16-0274 Parks, Patrick J. & Jacqueline M. – 13738 Grove Park Drive RESOLVED, to declare that a public nuisance exists on the property commonly known as 13738 Grove 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. 4. G16-0278 Sorgani, Christopher – 40224 William Drive RESOLVED, to declare that a public nuisance exists on the property commonly known as 40224 William 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 October 19, 2016 Regular Meeting Page 2 5. G16-0280 Mann, Steven Edward – 8962 Cologne Drive RESOLVED, to declare that a public nuisance exists on the property commonly known as 8962 Cologne 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. 6. G16-0282 H & S Singh – 37196 Dequindre Road RESOLVED, to declare that a public nuisance exists on the property commonly known as 37196 Dequindre 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. G16-0283 Yousif Hani – 2197 Pandora Drive RESOLVED, to declare that a public nuisance exists on the property commonly known as 2197 Pandora 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. G16-0284 Hanna, Christopher – 3720 Veronica Drive RESOLVED, to declare that a public nuisance exists on the property commonly known as 3720 Veronica 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. G16-0262 Franklin, Donald & Annette - 34467 Moravian Drive Concrete Variance - Asking Board approval to waive the requirement for a sidewalk along Moravian Drive. There are no sidewalks along Moravian Drive. Donald Franklin, owner, was present. Mr. Franklin stated that he built a new house and there are no sidewalks along that road. Mr. D’Angelo asked Ms. Gerstenberg if that is correct. Ms. Gerstenberg stated that there are no sidewalks there and the engineering department has no objections to the variance. The concrete ordinance does state that the owner needs to go to the Ordinance Board of Appeals for a variance. Mr. Kollmorgen asked Mr. Franklin if he was aware that if the City decides to put sidewalks in then he would be responsible. Mr. Franklin stated, “Yes.” Moved by Sauger, supported by Kollmorgen, RESOLVED, to approve case G16-0262 at 34467 Moravian 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, 3 – the petitioner requires that the owner of the property agree that if and when the City deems it necessary to require the installation of subject concrete work, the owner of the property will install the required concrete work promptly at his own expense or will be subject to a special assessment in an amount sufficient to cover the cost of such installation by the City. Yes: D’Angelo, Kollmorgen, Sauger, Stickney Ordinance Board of Appeals II October 19, 2016 Regular Meeting Page 3 No: None. Absent: None. Motion carried. b. G16-0263 Kaput, Mark/Genesis Development , Inc. - 33081 Defour Drive Concrete Variance - Asking Board approval to waive the requirement for a sidewalk along Defour Drive. There are no sidewalks in the subdivision. Mark Kaput, owner, was present. Mr. Kaput stated that property doesn’t have sidewalks and neither does the subdivision. Mr. D’Angelo asked Mrs. Gerstenberg if that was correct. Ms. Gerstenberg stated that it is correct. There are no sidewalks in the area and the engineering department has no objections. Moved by Sauger, supported by Kollmorgen, RESOLVED, to approve case G16-0263 at 33081 Defour 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, 3 – the petitioner requires that the owner of the property agree that if and when the City deems it necessary to require the installation of subject concrete work, the owner of the property will install the required concrete work promptly at his own expense or will be subject to a special assessment in an amount sufficient to cover the cost of such installation by the City. Yes: D’Angelo, Kollmorgen, Sauger, Stickney No: None. Absent: None. Motion carried. 8. Old Business 9. New Business a. G16-0264 JMJ Sterling, LLC – 13221 Fourteen Mile Road Code Enforcement Officer, Paul Geiger, stated as of today there have been no changes. Pictures were shown at this time. Dan Telersco, owner, was present. Mr. Telersco stated that he acquired the property 4 years ago. The landscapers were supposed to clean the property up. He stated that he was unaware that the landscaping was not up to par. The landscape plan goes back to 1986. He would like to talk to someone about it. There are too many trees that hide the business names. He doesn’t want to plant as many trees. Ms. Gerstenberg stated that the City has an aggressive code enforcement program than previous years. When violations are issued code enforcement looks at the landscaping plan. The City passed a new ordinance on landscape plans which will be more aggressive. Ms. Gerstenberg told Mr. Telersco that he may speak to the City Planner after the meeting, but he will still need to come into compliance with the landscape plan. Mr. Kollmorgen stated that the property owner knew about this since July. Mr. Stickney asked how long it will take to remove the weeds. Mr. Telersco stated that he sprayed the weeds and will go back out there tomorrow. Moved by Sauger supported by Stickney, RESOLVED, to declare that a public nuisance exists on the property commonly known as 13221 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 after October 26, 2016 and trees after May 1, 2017. 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, Sauger, Stickney No: None. Absent: None. Motion carried. b. G16-0275 Rein, Gerald & Suzanne – 13674 Clinton River Road Code Enforcement Officer, Paul Geiger, stated as of today there have been no changes. Pictures were shown at this time. The property owner was not present. A letter was given to the Board asking for more time. Ordinance Board of Appeals II October 19, 2016 Regular Meeting Page 4 Moved by Kollmorgen, supported by Sauger, RESOLVED, to declare that a public nuisance exists on the property commonly known as 13674 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 after November 16, 2016. 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, Sauger, Stickney No: None. Absent: None. Motion carried. c. G16-0276 Nowacek, Gregg & Judy – 4847 Nathan West Code Enforcement Officer, Paul Geiger, stated as of today there have been no changes. Add wood panels on side of garage to agenda statement. Pictures were shown at this time. Gregg Nowacek, owner, was present. Mr. Nowacek stated that he was unaware of any notices until the sign was in his yard. He has been working on the property. The structure will be down this weekend. The weeds and wood will be gone by the weekend. Moved by Stickney supported by Kollmorgen, RESOLVED, to declare that a public nuisance exists on the property commonly known as 4847 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 October 26, 2016. 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, Sauger, Stickney No: None. Absent: None. Motion carried. 10. Public Participation a. The residents at address 13738 Grove Park Drive wanted to speak about their property. They were late attending the meeting and their property was put under consent agenda. Ms. Gerstenberg told them they could speak to their code enforcement officer if they had any questions. 11. Adjournment Motion by Sauger, supported by Kollmorgen to adjourn the meeting. Yes: All. Motion carried. The meeting was adjourned at 3:37 pm Respectfully submitted. Derek D’Angelo Michael Sauger Chairman Derek D’Angelo Secretary Michael Sauger Ordinance Board of Appeals II Ordinance Board of Appeals II