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 May 12, 2021 at the Sterling Heights Municipal Center, 40555 Utica Road, Sterling Heights, MI in the Community Room, 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. Mr. Stickney called the meeting to order at 3:00 p.m. 2. Roll Call: Ben Ancona, Michael Stickney (Chairman), Roman Stojalowsky, and Lauren Tackett Jason Castor City Development Director Absent: Steve Ujkic Also, in attendance: Dana Vietto Code Enforcement Coordinator 3. Report from Jason Castor, City Liaison a. items from the consent agenda as they have been cleaned up prior to the meeting: G21-0041, G21-0042, G21-0044, and G21-0046. 4. Removal of Consent Items to New Business a. Moved item 5 to New Business 9a. G21-0043 Kluck, Robert & Patricia 42220 Betley Drive 5. Approval of Agenda Motion by Mr. Stojalowsky, supported by Mr. Ancona, to approve agenda. Yes: All. Motion carried. 6. Consent Agenda Moved by Mr. Stojalowsky, supported by Mr. Ancona, RESOLVED to approve the Consent Agenda as amended: Yes: All. Motion carried. 1. Approval of the Minutes Regular Meeting October 14, 2020 2. G21-0040 Niemyjski, Edward - Trust - 8618 Alwardt Drive RESOLVED, to declare that a public nuisance exists on the property commonly known as 8618 Alwardt 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. G21-0045 Dawood, Ashur 42431 Mound Road RESOLVED, to declare that a public nuisance exists on the property commonly known as 42431 Mound 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 Hearings a. G21-0035 Maiuri, Luke & Angela 14423 Longview Drive no pool. Board of Ordinance Appeals II May 12, 2021 Regular Meeting Page 2 Luke Maiuri addressed the Board indicating he would like to remove a chain link fence and put up a six-foot privacy fence. Mr. Stickney asked about an angle for visibility from the driveway. Mr. Maiuri explained they are putting in an angle on each side for visibility from the driveway. Mr. Stickney asked for any questions from the Board. Being none, he asked for a motion. Moved by Mr. Stojalowsky, supported by Ms. Tackett, RESOLVED, to approve case G21-0035 at 14423 Longview 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 fence variance approved today does not take effect until the variance paperwork is returned to the City by the applicant and a fence permit is approved, 4 Any violation of these conditions will render the variance void. Yes: Stojalowsky, Tackett, Stickney No: None. Absent: Ujkic Abstained: Ancona Motion Carried. b. G21-0037 Barra, Jason & Hannah 12440 Mair Drive no pool. Jason Barra explained they will be taking down the chain link fence and replacing it with a six- foot white vinyl privacy fence. The reason they need the variance is because they are on a corner and want to take it down the side of the lot to the sidewalk and have it 20 feet out from the house instead of 10 feet. Mr. Stickney asked if they will have an angle for visibility. Mr. Barra indicated it will be on a different side from where the driveway is located. Mr. Stickney asked if they will be taking down the chain link fence. Mr. Barra indicated they will be completely removing it. Also, the neighbor behind them has a rotted wood fence which will be taken down. Mr. Stickney asked the Board for any questions. Being none, he asked for a motion. Moved by Mr. Stojalowsky, supported by Mr. Ancona, RESOLVED, to approve case G21-0037 at 12440 Mair 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 fence variance approved today does not take effect until the variance paperwork is returned to the City by the applicant and a fence permit is approved, 4 Any violation of these conditions will render the variance void. Yes: Stojalowsky, Ancona, Tackett, Stickney No: None. Absent: Ujkic Motion Carried. c. G21-0038 Brown, Alexander 41020 Spicemill Drive no pool Alexander Brown explained they have a corner lot on 18 Mile Rd. and it is a wide-open area. They would like to put up a six-foot vinyl fence. Mr. Stickney asked for any questions from the Board. Mr. Castor asked if they will have an angle so there is clear visibility from the driveway. The applicant answered yes. Mr. Stickney asked for a motion. Board of Ordinance Appeals II May 12, 2021 Regular Meeting Page 3 Moved by Mr. Stojalowsky, supported by Mr. Ancona, RESOLVED, to approve case G21-0038 at 41020 Spicemill 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 fence variance approved today does not take effect until the variance paperwork is returned to the City by the applicant and a fence permit is approved, 4 Any violation of these conditions will render the variance void. Yes: Stojalowsky, Ancona, Tackett, Stickney No: None. Absent: Ujkic Motion Carried. d. G21-0039 Swirple, Stephen & Katlyn -13922 Billette Drive no pool. Stephen and Katlyn Swirple addressed the Board. Mr. Swirple explained they are looking to have a fence installed in their side lot since they are on a corner. They will be removing the existing chain link fence. They are requesting to go out 28 feet from the side of the house then down to meet the neighbors wood fence which will also be replaced. Mr. Stickney asked about an angle for visibility from the driveway. Mr. Swirple explained they have another 35 feet which runs from the front of the driveway to where the approach is to the left. There is enough room for visibility. Mr. Stickney asked for any questions from the Board. Being none, he asked for a motion. Moved by Mr. Stojalowsky, supported by Mr. Ancona, RESOLVED, to approve case G21-0039 at 13922 Billette 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 fence variance approved today does not take effect until the variance paperwork is returned to the City by the applicant and a fence permit is approved, 4 Any violation of these conditions will render the variance void. Yes: Stojalowsky, Ancona, Tackett, Stickney No: None. Absent: Ujkic Motion Carried. 8. Old Business None. 9. New Business a. G21-0043 Kluck, Robert & Patricia 42220 Betley Drive Code Enforcement, Dana Vietto, stated as of today there has been contact with the owner and there have been changes to the property. Pictures were shown at this time. Robert Kluck asked for more time to remodel his rental property. They are currently trying to clean the house and the surrounding area and need a few days to remove the left-over debris. They are also trying to paint the front of the house and remove the lumber which was left by the previous owner. Mr. Stickney asked for any question from the Board. Board of Ordinance Appeals II May 12, 2021 Regular Meeting Page 4 Moved by Mr. Stojalowsky, supported by Mr. Ancona, RESOLVED, to declare that a public nuisance exists on the property commonly known as 42220 Betley Drive and to direct the Code Official to abate the violations identified in the attached staff reports which give rise to this finding by Saturday, May 15th. 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: Stojalowsky, Ancona, Tackett, Stickney No: None. Absent: Ujkic Motion Carried. 10. Public Participation None 11. Adjournment Motion by Mr. Stojalowsky, supported by Mr. Ancona, to adjourn the meeting. Yes: All. Motion carried The meeting was adjourned at 3:23 p.m. Respectfully submitted, Michael Stickney Chairman Ben Ancona Secretary Board of Ordinance Appeals II Board of Ordinance Appeals II