Board of Ordinance Appeals II

CITY OF STERLING HEIGHTS NOTICE OF PUBLIC HEARING The Board of Ordinance Appeals II will hold a public hearing at 3:00 p.m. on Wednesday, September 8, 2021 at the Sterling Heights Municipal Center, 40555 Utica Road, Sterling Heights, MI 48313 in City Hall - Council Chambers. At this meeting the Board will (1) consider variance requests of petitioners and (2) conduct 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, Lauren Tackett and Steve Ujkic Jason Castor City Development Director Absent: None Also, in attendance: Dana Vietto Code Enforcement Coordinator 3. Report from Jason Castor, City Liaison a. following items from the consent agenda as they have been cleaned up prior to the meeting: G21-0173 and G21-0178. 4. Removal of Consent Items to New Business a. Moved item 4 to New Business 9a. G21-0171 Koonce, Betty 34621 Heartsworth Lane b. Moved item 9 to New Business 9b. G21-0176 Wittebols, Steven, ET AL 42260 Mendel Drive c. Moved item 10 to New Business 9c. G21-0177 Khudhur, Karam 36490 Waltham Drive d. Moved item 12 to New Business 9d.G21-0179 Bazzi, Rawda 15045 Rohan Drive 5. Approval of Agenda Motion by Mr. Ancona, supported by Mr. Stojalowsky, to approve agenda. Yes: All. Motion carried. 6. Consent Agenda Moved by Mr. Stojalowsky, supported by Mr. Ujkic, RESOLVED to approve the Consent Agenda as amended: Yes: All. Motion carried. 1. Approval of the Minutes Regular Meeting August 18, 2021 2. G21-0169 Abitheira, Bradley & Siobh 5475 Botsford Avenue RESOLVED, to declare that a public nuisance exists on the property commonly known as 5475 Botsford 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. 3. G21-0170 Schmitt Michael J. 11166 Forrer Drive RESOLVED, to declare that a public nuisance exists on the property commonly known as 11166 Forrer 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. Board of Ordinance Appeals II September 8, 2021 Regular Meeting Page 2 4. G21-0172 Dawood, Nabil 33212 Sherwood Forest Drive RESOLVED, to declare that a public nuisance exists on the property commonly known as 33212 Sherwood Forest 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. 5. G21-0174 Gumma, Peter 34185 Old Forge Court RESOLVED, to declare that a public nuisance exists on the property commonly known as 34185 Old Forge 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. G21-0175 Fox Hills Plaza LLC 38093 Mound Road RESOLVED, to declare that a public nuisance exists on the property commonly known as 38093 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. G21-0167 Favor, J. & L., DeStefanis, April 39277 Bella Vista Drive house on a corner lot along Vanessa Drive no pool. April DeStefanis addressed the Board. Mr. Stickney asked if they will be taking the chain link fence down. Ms. DeStefanis answered yes. 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- 0167 at 39277 Bella Vista 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, Ujkic, Ancona, Stickney No: None. Absent: None Abstained: None Motion Carried. Ms. DeStefanis asked what the setback is for the angel for safety. Mr. Stickney indicated it is 25 feet. 8. Old Business None. 9. New Business a. G21-0171 Koonce, Betty 34621 Heartsworth Lane Code Enforcement, Dana Vietto, stated as of today there has been contact with the owner and there have been some changes to the property. Pictures were shown at this time. Board of Ordinance Appeals II September 8, 2021 Regular Meeting Page 3 Betty Koonce addressed the Board. She indicated she is working on getting the rest cleaned up. Because of her disability, she has to rely on hiring someone to get it done. She explained her previous gardener was not doing a good job and had to fire them. She asked for an extension. Mr. Ancona asked if the issue with the trees was in the report. Ms. Vietto explained it is trimming of the trees, not removing them. Mr. Stickney asked the Board for any questions. Being none, he asked for a motion. Moved by Mr. Stojalowsky, supported by Ms. Tackett, RESOLVED, to declare that a public nuisance exists on the property commonly known as 34621 Heartsworth Lane 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. Mr. Stickney asked for any discussion. Mr. Ancona indicated he would be willing to give her a week because she has people scheduled to come out. He believes there has been some effort. Mr. Stickney asked for any further discussion. Being none, he asked for a roll call vote. Yes: Stojalowsky, Tackett, Ujkic, Stickney No: Ancona Absent: None Motion Carried. b. G21-0176 Wittebols, Steven, ET AL 42260 Mendel Drive Code Enforcement, Dana Vietto, stated as of today there has been contact with the owner and there have been some changes to the property. Pictures were shown at this time. Tracey Wittebols and her brother Steve Wittebols addressed the Board. Ms. Wittebols indicated they are trying to fix the lawn. She explained they were advised badly by the code enforcement officer regarding putting more fertilizer on the lawn and are now dealing with the repercussions of that. She stated (and showed a picture) how their lawn had always been maintained and never looked like it does not. Ms. Wittebols asked for time until possibly the end of the year. She further explained they have reached out to the company who originally put down the hydro seed and are waiting to see if he will be able to come back out. taken yet. Mr. Ancona asked how long they have owned the home. Mr. Wittebols indicated his parents bought the home in 1964 and when she passed in 2013, they became the owners of the home. 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 declare that a public nuisance exists on the property commonly known as 42260 Mendel Drive and to direct the Code Official to abate the violations identified in the attached staff reports which give rise to this finding by October 1st. 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, Ujkic, Stickney No: None. Absent: None. Motion Carried. Board of Ordinance Appeals II September 8, 2021 Regular Meeting Page 4 c. G21-0177 Khudhur, Karam 36490 Waltham Drive Code Enforcement, Dana Vietto, stated as of today there has been contact with the owner and there have been some changes to the property. Pictures were shown at this time. Karam Khudhur addressed the Board. Mr. Khudhur indicated he is working on the issues. He indicated he has ordered a pool cover and should have it in about two weeks. Mr. Stickney asked how much time he needs to get things done. Mr. Khudhur asked for two weeks. Mr. Castor advised he should contact a pool company to find out how to properly winterize the pool to avoid further damage. 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 declare that a public nuisance exists on the property commonly known as 36490 Waltham Drive and to direct the Code Official to abate the violations identified in the attached staff reports which give rise to this finding by September 22nd. 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, Ujkic, Stickney No: None. Absent: None. Motion Carried. d. G21-0179 Bazzi, Rawda 15045 Rohan Drive Code Enforcement, Dana Vietto, stated as of today there has been contact with the owner and there have been some changes to the property. Pictures were shown at this time. Rawda Bazzi addressed the Board. Ms. Bazzi apologized and indicated they have lived there for 21 years and have always maintained their property. They were away from the home for a while and someone was supposed to be taking care of it. She stated they have been working on it but their trimmer broke so they need a little more time to finish. Mr. Stickney asked how much time they need to finish. Ms. Bazzi asked if they could have until the weekend to get it done. 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 declare that a public nuisance exists on the property commonly known as 15045 Rohan Drive and to direct the Code Official to abate the violations identified in the attached staff reports which give rise to this finding by September 11th. 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, Ujkic, Stickney No: None. Absent: None. Motion Carried. 10. Public Participation A resident wanted to address a previous handled case and Mr. Stickney told the resident he had to be there by 3:00 p.m. for his case to be heard. Board of Ordinance Appeals II September 8, 2021 Regular Meeting Page 5 11. Adjournment Motion by Mr. Ancona, supported by Mr. Stojalowsky, to adjourn the meeting. Yes: All. Motion carried The meeting was adjourned at 3:50 p.m. Respectfully submitted, Michael Stickney Chairman Roman Stojalowsky Secretary Board of Ordinance Appeals II Board of Ordinance Appeals II