HomeMy WebLinkAboutPUBLIC HEARING - PH 2016-08-15 - APPEAL OF DENIAL - MARX COLLISION
PUBLIC HEARING
Minutes of Meeting Held on Monday, August 15, 2016
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A Public Hearing of the Council of the City of Livonia was held at the City Hall
Auditorium on Monday, August 15, 2016.
MEMBERS PRESENT: Kathleen E. McIntyre, President
Scott Bahr
Maureen Miller Brosnan
Jim Jolly
Brian Meakin
Cathy K. White
MEMBERS ABSENT: Brandon Kritzman, Vice President
OTHERS PRESENT: Mark Taormina, Director of Planning
Don Knapp, City Attorney
Bonnie J. Murphy, CER-2300, Certified Electronic Recorder
The Public Hearing was called to order at 7:21 p.m. with President Kathleen McIntyre
presiding. This is a public hearing regarding an Appeal of the Denial by the City
Planning Commission of Petition 2012-09-02-22, submitted by Marx Collision,
requesting wavier use approval to modify Council Resolution 462-12 in connection with
a previously approved waiver use adopted on November 21, 2012, in order to allow the
overnight outdoor parking and storage of vehicles in connection with the auto repair
business located on the southwest corner of Eight Mile Road and Milburn Avenue
(30271 Eight Mile Road), in the Northwest ¼ of Section 2.
The City Clerk has mailed a notice to the petitioner and those persons in the area
affected by the proposed changes, and all other requirements of Ordinance No. 543, the
Zoning Ordinance, have been fulfilled. There were ten people in the audience.
McIntyre: The Public Hearing is now open. Mr. Taormina, would you like to begin?
Taormina: Thank you. This is a property located at the southwest corner of Eight
Mile and Milburn. This property is roughly a half an acre in size and
includes 120 feet of frontage on Eight Mile Road by a depth of roughly 191
feet and that includes the frontage on Milburn. The zoning of the property
is M-1, Light Manufacturing, and there is an existing building on the
property that measures approximately 5,000 square feet.
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This is a request to modify a condition that was imposed by the City
Council back in 2012 in connection with a request by Marx Collision to
operate a portion of this building as an auto body repair and paint shop. It
was back in 2003 when a portion of this building originally received waiver
use approval for an automobile light truck repair facility that was in the
westerly half of the building. And then in 2012 Marx Collision petitioned
the City successfully to utilize the easterly half of that building for an auto
body repair and paint shop and a condition at that time that was imposed
with the granting of that waiver use back then was that there not be any
overnight outdoor parking or storage of vehicles on the site. Apparently
the petitioner’s current business operation is such that it is difficult to
adhere to this requirement and therefore they are seeking your permission
to modify the language of that approval so that it would allow for the
overnight outdoor parking and storage of properly plated and operating
vehicles.
This item went before the Planning Commission at their meeting of June
28, 2016 and the request was denied. The petitioner filed an appeal, a
little more about in terms of the parking available, there was a site plan
that was submitted with the original application. It was determined at that
time that a total of roughly twenty parking spaces were needed to
accommodate the proposed use. And the way that parking works for
these types of businesses is that there is a requirement for two spaces for
each work bay, plus the employees. So, originally there were three work
bays in the automotive and light truck repair facility and when the body
shop portion of the site was expanded, that added another I believe three
or four work bays. So it was determined at the time that a total of twenty
parking spaces was required for the site including about six employees
and the site provides roughly nineteen to twenty parking spaces. So that
parking is adequate to meet the requirements for the site but there was a
stipulation that there not be any overnight parking or storage of vehicles
which again is what the petitioner is here before you this evening to try to
modify. Thank you.
McIntyre: Thank you. At this time we’ll go to the petitioner. Good evening
Fields: Good evening. My name is Steve Fields, Harrison
Township. Well, Mark and I have been together for ten years here in
Livonia, and I’d like to thank everybody for allowing us to be here
tonight.have a couple items I would like to pass out, if you would allow me
and we have altered our request a little bit. We’ve designated the Eight
Mile parking, if you’d allow us, just to park our cars due to customers
needing to drop their vehicles off before they go to work and pick them up
after. In talking to some of the residents and neighbors, letting them know
there will be no parking on Milburn at all and we would put a sign on the
building if you so asked us. That way we would fall in line with the rest of
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the businesses, we would only have parking on Eight Mile and nothing on
a residential street. So that’s how we modified the request, if you could
review that for us and possibly approve it.
Unidentified audience member: Could you repeat that?
Fields: Yes. We modified our request, last time we wanted parking on the entire
property outside. After going before the Board for the review, we felt that
it wouldn’t be good with the neighbors so we talked to the neighbors,
everybody said they would have no problem with us parking on Eight Mile.
So we agreed with them and we made a new offer that adjusted our
request that we’d only park on Eight Mile and we designated the parking
spots one through eleven, they’re highlighted in the pass out that you were
just given. So it would fall in the same as all the other businesses that
leave their cars out front and allow our customers to pick up after hours,
drop off before work and utilize the property on the business side of the
street which is Eight Mile rather than Milburn. Thank you.
McIntyre: Mr. Meakin.
Meakin: Sir, would there ever be cars parked in your lot that won’t have license
plates on them?
Fields: The only time there would be is if somebody brought it from another repair
facility to have us do the repairs. But the request is to only have vehicles
parked with proper plates. During the business hours we may have that
because we could have a shop or a used car lot bring a vehicle there that
has a dealer plate and wants us to paint the bumper, things like that. But
at night they would all be plated vehicles.
Meakin: Madam Chair, through the Chair to Mark, is it a common practice that all
car dealers or car repair shops keep cars inside overnight?
Taormina: No. I would say the majority of our auto repair businesses store vehicles
outside overnight. In fact, I can’t think of any that don’t have any vehicles
in the parking lot after hours.
Meakin: Thank you.
White: Madam Chair, through the Chair to Mr. Taormina, is this proposal then to
only have the overnight parking along Eight Mile, is that something the
Planning Commission saw? That proposal was originally to provide
overnight parking on Milburn as well?
Taormina: Yeah, I don’t recall that they identified a specific area, it was just a request
to reverse that or modify that language without specifying any location. So
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this is different in that it would limit the parking only allowing it on Eight
Mile Road. That’s not something the Planning Commission considered
during its review of this petition as I recall.
White: Thank you.
Brosnan: Madam Chair.
McIntyre: Yes.
Brosnan: Through the Chair to Mr. Taormina, one of the things on page 2 of the
document that we just received, the elven spaces that are highlighted and
you see where the other spaces twelve through 21 are not highlighted,
was this a document that the Planning Commission look at? Did they look
at anything like this? My main reason for asking the question is to verify
whether or not those spaces that are delineated as the new car parking
space, so they meet the requirements under the ordinance.
Taormina: Yes. In fact, this is the plan hat the Planning omission looked at so to
answer your question, the PC received the document as it was illustrated
on page 2 of what was just handed to you, the answer is no, because they
didn’t identify those spaces 1 through 11. To answer your question
relative to the compliance under our parking regulations for the location of
those spaces, the answer is yes, they are in compliance, in fact, this was
the plan that was reviewed back in 2012 and it was approved in 2012 but
with the condition that there not be any overnight storage of parking.
Brosnan: My initial reaction to this proposal when it came before us was to concur
with the PC, I thought they did a thorough job and respected the wishes of
the neighborhood, so I’m really anxious to hear what your neighbors have
to say. We received two letters in our file indicating that they saw the
revisions to your plan, that there appears to be some support for this. But
I want to hear from the neighbors in this area, there’s an awful lot of
activity back in their residential neighborhood by not only your plan but
other plans that have taken place in that area. So I am equally sensitive
to what they have to say. Thank you.
Fields: We’ve had no complaints over the years, all the neighbors we talked to
are very happy it’s cleaned up much more than it was, we’re following the
rules through the guidance of Mark, keeping the place well kept up and we
just repainted the building because we want to make as many
improvements to enhance the City.
McIntyre: Anything else? Alright. Does anyone in the audience wish to speak on
this matter? And when you come to the podium please provide us with
your name and address.
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Rosh: My name is Paul Rosh, I live two houses away from this across the street
at 20490 Milburn. And I know the person who owns this place, Mr. Marx,
met him recently, but I’m sorry to say I am against his plan for a couple of
reasons. Now, I was here, happened to move in in September of ’03 and I
was here for that first meeting and I complained about the opposite side if
this is going to be a repair shop about the parking and would they be
taking the cars that they fix and going down Milburn test driving them. So
this was never put into the legal document but with a clear understanding
that they would never do that. And you know I retired that year to move
here and I sat in that window and I never saw one of their cars go down
the street. So anyways my point being there’s enough space on the front
if a customer is going to drop his car off. I see that parking lot every night
when I come home, it’s almost always empty, maybe three or four cars
from the repair shop. So I don’t know why, how many cars they’re
planning on fixing the next morning that the customers are going to drop
their cars off. But I do know I do not want junk cars parked there.
Consider this: someone, there’s at least two or three homes on my long
street, Milburn, that are for sale and let’s suppose you’re a customer and
you pull into that street and you see a row of junk cars they are fixing up to
resell, okay, now he comes tonight with a plan that says he won’t do that,
but once this goes through how are we going to determine between the
junk car and the car that somebody wants fixed that’s a newer car? How
are we going to do that? Are we going to send a Board member over
there every week to check them out? I don’t think so. So, that’s the way I
feel about it. I’m sorry, but I can’t agree with you. There’s enough space
on the front to bring in any client who needs to leave his czar overnight or
pick it up. I pick mine up from the front. Thank you.
McIntyre: Thank you very much.
Brosnan: Madam Chair.
McIntyre: Yes.
Brosnan: I just want to clarify what Mr. Rosh said. What’s being proposed to us this
evening is cars parked along Eight Mile Road; do you oppose that?
Rosh: No, they can park cars along Eight Mile, just not on Milburn.
Brosnan: Okay, okay. Just so we’re all clear –
Rosh: Not overnight, just during the day.
Brosnan: And you’re opposed at cars parked overnight along Eight Mile Road?
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Rosh: Oh, I don’t mind that at all, no.
Brosnan: Because that’s what the petitioner is trying to get approved now, is a
revision from what you thought was before the PC.
Rosh: There was never anything against parking cars along Eight Mile. I don’t
know why it has to go through a revision. This is about the side street.
Brosnan: Well, okay.
Rosh: It may not say that, but that’s what this is all about.
Brosnan: That’s where your opposition comes in, I understand that. Thank you.
McIntyre: all right. Anyone else want to speak on this?
Bohr: My name is Jeff Bohr, I live in Plymouth, Michigan at 11626 Riverside
Drive. I currently own the building behind on Milburn that I bought from
Mr. Dave Hergot back there just recently in the last year. I have spent
thirty years in the contracting business to the right of Marx building and the
building that was just sold, cabinet company. That building that Marx is in
now was a shambles and he’s resurrected it and has made it very nice.
And as a neighbor I want to keep him here. If he can’t do the business the
way he needs to, he might move out, and I don’t want to see that happen.
I recently painted my building, too, and we’re constantly trying to make
that corner a better place, not only for us but our neighbors and everybody
else. And the gentleman’s agreement, I allow Mark to park some of his
cars in my lot, employees and overflow that he had so that they aren’t on
Milburn Street, I have more than enough parking spaces, I have very few
tenants. So that being said, I’d like him to stay.
McIntyre: Thank you very much. Is it difficult for you to come back to the podium?
Hergot: I do have COPD so …
McIntyre: Take your time.
Rosh: The gentleman, and I’m sure he does what he says, but there is a pretty
big parking lot next door that he’s allowing them to park their cars there,
so why don’t they allow him to park the junk cars there instead of out on
the street where people can see them? Or even lease the spaces.
McIntyre: Would anyone else from the audience like to speak on this item? Please
come to the podium.
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Hergot: I’m Dave Hergot, the fellow that this man just bought my property and I
owned that before and I’ve been here four, five, six, seven years.
McIntyre: And we’re talking of the building to the south?
Hergot: Yes, yes. I see no problems with what this gentleman wants to do, okay?
Nine times out of ten a car that’s dropped off there at night needs to have
a place to park, correct? So let’s let him put the cars in the front and
forget about all of this, okay? That’s all I want to say, he’s a good guy.
Thank you.
McIntyre: Thank you. Alright, anyone else?
Jolly: Madam Chair.
McIntyre: Mr. Jolly.
Jolly: When we originally received this and reviewed what the Planning
Commission had determined in their opposition to it, I was opposed. I
don’t think there’s any justification for parking any vehicles overnight on
Milburn Street. But what has been newly proposed here, the appeal is
requesting to leave parked cars on Eight Mile Road, I think that’s a
reasonable accommodation and I would offer the approving resolution.
McIntyre: Okay.
Brosnan: Madam Chair.
McIntyre: Yes.
Brosnan: Just so we’re clear, I would concur in what Mr. Jolly is attempting to do.
Mr. Taormina, are we going to be able to make that clear, is what’s before
us is not the appeal of the denying resolution by the PC which specifically
looked at a site that would allow parking on Milburn and Eight Mile, so
between you and the Law Department, are we going to be able to craft
that so that it permits parking on the Eight Mile Side and prohibits it on the
Milburn side?
Taormina: Yes, we’ll make that very clear, stipulating as well that this would only
allow for the parking of plated vehicles and no junk vehicles or material be
stored there as well, addressing Mr. Rosh’s concerns.
Brosnan: Okay. And to the degree that we can approve language that indicates that
there has to be proper signage on the building or on the property
indicating that? I think that would go a long way in helping to make sure
that what our idea is and what becomes reality. Thank you.
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McIntyre: thank you. Councilman Jolly.
Jolly: In addition to that, is it possible to specifically state that any parking on
Milburn Street after certain hours is prohibited? Like on the building itself
or posting it on the side of the building, no parking. Do you think we’d be
able to do that, just requiring that the petitioner post a sign on the Milburn
side of their building stating that parking after hours in that parking lot is
prohibited. Making it clear that people dropping off their vehicles after
hours do not park on Milburn Street.
Brosnan: I think he’s indicated he’s prepared to do that in one of these drawings he
shows the signage, it’s exactly what you’re talking about.
Fields: I will do that. In the pamphlets I just gave you, I did put that right on the
wall, we’d be more than happy to do that in whatever manner, in whatever
size you wanted, we’ll do it.
McIntyre: Okay, thank you. Alright, anything else?
Gauchy: John Gauchy, 20500 Milburn Street. So from what I understand, there will
not be parking on Milburn Street, correct?
McIntyre: Correct.
Gauchy: And they could park on Eight Mile and no cars on Milburn Street?
McIntyre: Correct.
Gauchy: At a certain time?
McIntyre: No overnight parking on Milburn Street. Okay, anyone else. All right, I’d
just like to inform the petitioner that the Regular Meeting date for this item
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is Wednesday, September 7, so that you or a representative will be
present for that. Thank you very much.
As there were no further questions or comments, the Public Hearing was declared
closed at 7:43 p.m.
SUSAN M. NASH, CITY CLERK