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 July 19, 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 3:00 pm 2. Roll Call: Derek B. D’Angelo – Chairman , Michael Sauger – Secretary (excused), Brad Lukas, Michael Stickney, Ryan Makowski, 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 – G17- 0124, G17-0126, G17 -0127, G17-0133 & G17-0138 4. Removal of Consent Items to New Business- a. Moved item 3 to New Business 9a. G17-0125 Qazi, Zafar & Farida – 3243 Farmdale Drive b. Moved item 8 to New Business 9b. G17-0130 Glamblin Jr. Joseph – 38117 Medville Drive c. Moved item 9 to New Business 9c. G17-0131 Lozano, George Edward – 38030 Virginia Drive d. Moved item 10 to New Business 9d. G17-0132 Martini, Lena – 11282 Regal Drive e. Moved item 14 to New Business 9e. G17-0136 Sheehan, Michael & Nancy – 12829 Jasmine Court f. Moved item 15 to New Business 9f. G17-0137 Razzaq, Nathon – 13321 Westminister Drive g. Moved item 18 to New Business 9g. G17-0140 Ablahad, Ziyad Y. & Sandra I. – 36015 Jeffrey Drive h. Moved item 19 to New Business 9h. G17-0141 Alisa, May – 36833 Ryan Road 5. Approval of Agenda Motion by Stickney, supported by Makowski to approve agenda. Yes: All. Motion carried. 6. Consent Agenda Moved by Stickney, supported by Lukas, RESOLVED, to approve the Consent Agenda as amended: Yes: All. Motion carried. 1. To approve the minutes of the regular meeting of May 17, 2017, as presented. 2. G17-0128 Pham, Lan Le – 2564 Ormsby Drive RESOLVED, to declare that a public nuisance exists on the property commonly known as 2564 Ormsby 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. G17-0129 Lang, Lawrence – 37683 Carpathia Boulevard RESOLVED, to declare that a public nuisance exists on the property commonly known as 37683 Carpathia Boulevard 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. G17-0134 Manna, Leonard Trust – 35720 Ryan Road RESOLVED, to declare that a public nuisance exists on the property commonly known Ordinance Board of Appeals II July 19, 2017 Regular Meeting Page 2 as 35720 Ryan 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. 5. G17-0135 Macintosh, Billy R. Jr. – 43117 Chaucer Court RESOLVED, to declare that a public nuisance exists on the property commonly known as 43117 Chaucer 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. 6. G17-0139 County Line Plaza Development, LLC – 1999 Fifteen Mile Road RESOLVED, to declare that a public nuisance exists on the property commonly known as 1999 Fifteen 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. 7. Public Hearing 8. Old Business 9. New Business a. G17-0125 Qazi, Zafar & Farida – 3243 Farmdale Drive Code Enforcement Officer, Paul Geiger, stated as of today there have been some changes. Pictures were shown at this time. Zafar Qazi, owner, was present. Mr. Qazi stated that the property is 80% complete. Mr. D’Angelo asked if it would be completed in a week. Mr. Oazi stated he wanted to know how he was lucky to receive the violation. Ms. Gerstenberg stated that the City has an aggressive code enforcement program. This situation was a complaint and the City must respond to complaints. Mr. Qazi stated that he was doing his best and the standards are high. Ms. Gerstenberg stated that code enforcement is all over the City and the letter states seven days to comply. If he receives a letter again he should contact his code enforcement officer to verify what needs to be done. Moved by Stickney supported by Lukas, RESOLVED, to declare that a public nuisance exists on the property commonly known as 3243 Farmdale 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 26, 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, Lukas, Makowski, Stickney No: None. Absent: Sauger. Motion carried. b. G17-0130 Glamblin Jr. Joseph – 38117 Medville Drive Code Enforcement Officer, Paul Geiger, stated as of today there have been some changes. Pictures were shown at this time. Joseph Glamblin Jr., owner, was present. Mr Glamblin stated that he bought the house in 2015. He fixed up the inside of the house and is ready to fix up the outside. He is working nights and doesn’t have time. DTE came and left debris in his yard and he needs to clean it up. The vehicles are plated and insured and he stated that he is getting rid of the snowmobile. Mr. D’Angelo stated that he needs to clean off the top of the van. Mr. Glamblin stated he needs a month to clean up his property. Rosemary Moffit, neighbor, was present. Ms. Moffit stated that the previous owner did not take care of the property and the new owner will clean up the property he just needs more time. Ordinance Board of Appeals II July 19, 2017 Regular Meeting Page 3 Moved by Stickney supported by Makowski, RESOLVED, to declare that a public nuisance exists on the property commonly known as 38117 Medville Drive and to direct the Code Official to abate the violations identified in the attached staff reports, which give rise to this finding after August 2, 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, Lukas, Makowski, Stickney No: None. Absent: Sauger. Motion carried. c. G17-0131 Lozano, George Edward – 38030 Virginia Drive Code Enforcement Officer, Paul Geiger, stated as of today there have been some changes. Pictures were shown at this time. George Lozano, owner, was present. Mr. Lozano stated that the first inspection stated to repair and or replace fence. He couldn’t tear it down because he has a pool so he fixed the boards. He keeps getting more violations. Mr. Geiger stated that he must have an 8” open space underneath the fence to maintain weeds. Mr. Makowski stated that it is taking longer than it should to clean up this property. Mr. Lozano stated that he is his moms’ caregiver and hasn’t had time. He needs a month to clean up the property. Moved by Stickney supported by Kollmorgen, RESOLVED, to declare that a public nuisance exists on the property commonly known as 38030 Virginia Drive and to direct the Code Official to abate the violations identified in the attached staff reports, which give rise to this finding after August 21, 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, Lukas, Makowski, Stickney No: None. Absent: Sauger. Motion carried. d. G17-0132 Martini, Lena – 11282 Regal Drive Code Enforcement Officer, Paul Geiger, stated as of today there have been some changes. Pictures were shown at this time. No one was present. Ms. Gerstenberg stated that they need to add weeds in landscaping and concrete cracks. Moved by Stickney supported by Lukas, RESOLVED, to declare that a public nuisance exists on the property commonly known as 11282 Regal 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: D’Angelo, Lukas, Makowski, Stickney No: None. Absent: Sauger. Motion carried. e. G17-0136 Sheehan, Michael & Nancy – 12829 Jasmine Court Code Enforcement Officer, Paul Geiger, stated as of today there have been no changes. A letter was sent to the Board. Pictures were shown at this time. No one was present. Ms. Gerstenberg stated that the homeowner submitted a letter to the Board at 2:15pm. The homeowner tried to get help from the pool company and needs a few weeks. Mr. Makowski stated that the email was sent today so it is a last minute effort. The weeds are not being addressed. Mr. Stickney stated that he has an in ground pool and wouldn’t let it get to this point. They have been in front of the Board before. This started in May and is still not done. Moved by Stickney supported by Makowski, RESOLVED, to declare that a public nuisance exists on the property commonly known as 12829 Jasmine 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. Ordinance Board of Appeals II July 19, 2017 Regular Meeting Page 4 Yes: D’Angelo, Lukas, Makowski, Stickney No: None. Absent: Sauger. Motion carried. f. G17-0137 Razzaq, Nathon – 13321 Westminister Drive Code Enforcement Officer, Paul Geiger, stated as of today there have been some changes. Pictures were shown at this time. Nathon Razzaq, owner, was present. Mr. Razzaq stated that he has no excuse life just gets in the way. He will have it done in a few days. Mr. Razzaq stated that he has a problem with his neighbor and wanted to know if the neighbor can throw the growth he cut in his yard. Ms. Gerstenberg stated that any branches or growth hanging into his yard he can trim but he does not have permission to go onto the neighbors’ property. He does not have permission to cut the debris and throw it into the neighbors’ property. Mr. Makowski stated that the growth has been going on for a while and he will need to clean it up in a week. Moved by Makowski supported by Stickney, RESOLVED, to declare that a public nuisance exists on the property commonly known as 13321 Westminister 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 26, 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, Lukas, Makowski, Stickney No: None. Absent: Sauger. Motion carried. g. G17-0140 Ablahad, Ziyad Y. & Sandra I. – 36015 Jeffrey Drive Code Enforcement Officer, Paul Geiger, stated as of today there have been some changes. Pictures were shown at this time. Sandra Ablahad, owner, was present. Ms. Ablahad stated that she was working on the yard today. She stated that someone will be out this week to fix the gutters and the side of the house needs to be cleaned up. Moved by Makowski, supported by Lukas, RESOLVED, to declare that a public nuisance exists on the property commonly known as 36015 Jeffrey 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 26, 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, Lukas, Makowski, Stickney No: None. Absent: Sauger. Motion carried. h. G17-0141 Alisa, May – 36833 Ryan Road Code Enforcement Officer, Paul Geiger, stated as of today there have been some changes. Pictures were shown at this time. Carl Daleo, representing owner, was present. Mr. Daleo stated that this property will go in front of City Council on August 1st. He stated that the house will be demolished and they have made it livable for the neighbors. The City has no information of whose fence it is. They walked with code enforcement to determine whose fence it is and the neighbors don’t want it torn down. Mr. D’Angelo stated that the house is vacant and they are trying to rezone it to make it a small shopping center. He asked them what they plan on doing if it doesn’t get approved. Mr. Daleo stated that they will redo the roof or demolish the house. Ms. Gerstenberg stated that the information that she has is that the Planning Department denied it. Mr. Daleo stated that they were denied a variance. Mr. Makowski asked about the fence. Mr. Daleo stated that he does not know if the fence is his. They hired a contractor to tear it down but the neighbors want the fence up. Amel Hershey, neighbors’ sister, was present. Ms. Hershey stated that this fence is the same fence all the way around. If they remove it they should put a new fence up. They don’t want to rake leaves. They have no intention to fix up the property. Ms. Hershey stated she would be fine with the fence down if the trees were removed so she doesn’t Ordinance Board of Appeals II July 19, 2017 Regular Meeting Page 5 have to rake leaves. Ms. Hershey stated that the owner lives in a half a million dollar home and has two violations on her property. She doesn’t think she will take care of this property either. Ted Skiaold, neighbor, was present. He stated that the fence on his side is his at 36642 Carriage Drive and he will be fixing it. Chris McLeod, City Planner, was present. Mr. McLeod stated that Planning has made a recommendation on the conditional rezoning to City Council for denial for that application. Several reasons are the intensity of the project, lack of the green belt, adjacent to the residences and the types of uses in that center. The applicant has since revised his plans to put the green belt in, to shrink the building and provide limitations as to the use. With that recommendation from the Planning Commission they do need to go to Council on August 1st. With the changes then Council might revert it back to the Planning Commission and the Planning Commission may reconsider the recommendation based on the changes to the plans. There could be bouncing back and forth between Boards. It could reappear at the Planning Commission in September and then go back to Council after that. That is for the conditional rezoning application. If they are successful to build the shopping center then they would need to go through the normal process of the departments. Mr. D’Angelo stated that this home could be in disrepair for another year. Mr. McLeod stated that late fall would be Planning approval and they could start in spring for the shopping center. Mr. D’Angelo asked if they could demolish it this fall. Mr. McLeod stated that the demolition of the home is totally separate from the conditional rezoning process. At any time they can come in and demolish the home. Ms. Gerstenberg stated that the homeowner has applied for the demolition permit but it has not been issued because he doesn’t want to shut the gas and electric off. The City needs the utility clearances before the demolition permit can be issued. There is time for the permit to be issued and the home demolished this fall. Mr. Makowski asked Mr. Daleo what the holdup is to demolish the home. Mr. Daleo stated that he doesn’t want to demolish it right now. Mr. D’Angelo stated that he will either have to demolish it or fix it up. Mr. Daleo stated that he will demolish it in the next three months. Mr. D’Angelo asked why the utilities have not been shut off yet. Mr. Daleo stated that they need power in the home to work the water well. Ms. Gerstenberg asked him why they still need the utilities if no one is living in the house. Mr. Daleo stated that a couple people take care of the garden. Ms. Hershey stated that he is waiting for his own convenience to demolish it. Mr. D’Angelo stated that the Board will make a decision today with a date. Ms. Gerstenberg stated that the Board can have them fix the house or pull the demolition permit within the next 30 days. Once the demolition contractor has this property on their schedule they can take it down in a day. To wait until the site plan goes through and they decide if they our going to build or not is an unrealistic timetable for the neighbors to have to live like that for 9 months to a year. Moved by Stickney, supported by Makowski, RESOLVED, to declare that a public nuisance exists on the property commonly known as 36833 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 September 18, 2017 the home must be demolished or fixed up. 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, Lukas, Makowski, Stickney No: None. Absent: Sauger. Motion carried. 10. Public Participation a. Property owner at 2564 Ormsby stated that they were late to the meeting. Mr. D’Angelo stated that the property is on the consent agenda and she should get everything done before the City contractor gets out to the property. Ordinance Board of Appeals II July 19, 2017 Regular Meeting Page 6 11. Adjournment Motion by Stickney, supported by Lucas to adjourn the meeting. Yes: All. Motion carried. The meeting was adjourned at 4:56 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