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 17, 2017 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. Secretary Sauger called the meeting to order at 3:02 pm 2. Roll Call: Derek B. D’Angelo – Chairman (excused), Michael Sauger – Secretary, Al L. Kollmorgen, Michael Stickney, Ryan Makowski, Denice Gerstenberg – City Development Director, Horst Hrinciuc – 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 – G17- 0045, G17-0046, G17 -0048 & G17-0050 4. Removal of Consent Items to New Business- a. Moved item 4 to New Business 9a. G17-0047 Nouri, Labeed – 39679 Baker Drive 5. Approval of Agenda Motion by Stickney, supported by Kollmorgen 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 October 19, 2016, as presented. 2. G17-0049 Gala, Chester c/o Kirk, Huth, Lange & Badalamenti – 39410 Van Dyke RESOLVED, to declare that a public nuisance exists on the property commonly known as 39410 Van Dyke 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. G17-0051 Jankowski, Tammy – 6115 Cotter Avenue RESOLVED, to declare that a public nuisance exists on the property commonly known as 6115 Cotter Avenue 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. G17-0052 Bodagh, Dhakir Hazim Yalda – 3735 Veronica Drive RESOLVED, to declare that a public nuisance exists on the property commonly known as 3735 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. G17-0043 Mando Construction - 4958 Southlawn Drive Concrete Variance - Asking Board approval to not install a sidewalk along Southlawn Drive. There are no sidewalks along Southlawn Drive. Ordinance Board of Appeals II May 17, 2017 Regular Meeting Page 2 Nicholas Del Greco, owner, was present. Mr. Del Greco stated that he is building a single family house. There are no sidewalks on the street or manholes for storms or curbs. Ms. Gerstenberg stated that the City Ordinance requires that all properties install sidewalks. Some subdivisions like Southlawn do not have sidewalks. This variance cannot be done administratively. They must go in front of the Ordinance Board of Appeals for a variance. Mr. Kollmorgen stated that if the City diems it necessary to install sidewalks in the future it will be at the owners cost. Mr. Del Greco stated that when he sells the property he will make it known to the potential buyers that they may have to install a sidewalk in the future. Moved by Stickney, supported by Kollmorgen, RESOLVED, to approve case G17-0043 at 4958 Southlawn 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: Kollmorgen, Makowski, Sauger, Stickney No: None. Absent: D’Angelo. Motion carried. b. G17-0044 Ahmed, Abdullah & Gul - 8361 Remie Drive Fence Variance - Asking Board approval to allow a 6ft sight obscuring fence one foot from the sidewalk along Avenida Christel Drive. Abdullah Ahmed, owner, was present. Mr. Ahmed stated that he wants to put up a privacy fence at his new construction house. It is at the dead end and there is not a lot of traffic in the subdivision. Mr. Sauger asked him what type of fence he is putting up. Mr. Ahmed stated that the fence will be white like his neighbors. Mr. Kollmorgen asked if it is common to put the fence on foot from the sidewalk. Ms. Gerstenberg stated that it is common to place the fence one foot from the sidewalk. Mr. Sauger asked if anyone was in the audience that wanted to speak. No one spoke. Moved by Stickney, supported by Makowski, RESOLVED, to approve case G17-0044 at 8361 Remie 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: Kollmorgen, Makowski, Sauger, Stickney No: None. Absent: D’Angelo. Motion carried. 8. Old Business 9. New Business a. G17-0047 Nouri, Labeed – 39679 Baker Drive Code Enforcement Officer, Horst Hrinciuc, stated as of today there have been some changes. A building permit is required for the porch. Pictures were shown at this time. Tamara Kamil, Property Manager, was present. Ms. Kamal stated that she spoke to renters and they will clean it up. Mr. Stickney asked if the property management company received the notice. Ms. Kamil stated, “No.” Ms. Kamil stated that she will send someone to clean it up. Ordinance Board of Appeals II May 17, 2017 Regular Meeting Page 3 Moved by Stickney supported by Kollmorgen, RESOLVED, to declare that a public nuisance exists on the property commonly known as 39679 Baker 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, Makowski, Sauger, Stickney No: None. Absent: D’Angelo. Motion carried. 10. Public Participation 11. Adjournment Motion by Stickney, supported by Kollmorgen to adjourn the meeting. Yes: All. Motion carried. The meeting was adjourned at 3:41 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