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HomeMy WebLinkAboutPUBLIC HEARING - PH 2016-08-15 - APPEAL OF DENIAL - REFUEL MASSAGE PUBLIC HEARING Minutes of Meeting Held on Monday, August 15, 2016 ______________________________________________________________________ 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 7:43 p.m. with President Kathleen McIntyre presiding. This is a Public Hearing, our fourth Public Hearing tonight, regarding an Appeal of the Denial by the Planning Commission of Petition 2016-06-02-11 submitted by Livonia Office Center, requesting waiver use approval to operate a massage establishment (Refuel Massage) within the Livonia Office Center located on the north side of Seven Mile Road, between Inkster Road and Middlebelt Road (28200 Seven Mile Road), in the Northwest ¼ of Section 1. The City Clerk has mailed a notice to the Petitioner and to all other parties having interest in this request for waiver use approval, and all other requirements of Ordinance No. 543, the Zoning Ordinance, have been fulfilled. There were four people in the audience. The Public Hearing is now open. McIntyre: Mr. Taormina. Taormina: Thank you. This is an appeal of a denial of a Planning Commission action taken with respect to a proposed massage establishment, Refuel Massage, in the Livonia Office Center which is on the North side of Seven Mile Road between Middlebelt and Inkster Roads. 2 This property is about three quarters of an acre in size, with 120 feet of frontage along Seven Mile Road, and about 270 feet on Lathers. The zoning is OS, Office Services. Council is familiar with this property, there was a previous petition involving the zoning of this site to commercial which was rejected in a case that I believe was filed last year. This office center, it’s what we refer to as a bi-level office building, it was constructed in the 1970s, and contains a gross floor area of about 10,500 square feet. The building faces Lathers with parking located between the building and the street as well as on the north and south sides of the building. To the north, east and west of the property are residential homes under the R-U-F zoning classification. To the south, across Seven Mile Road, there is a variety of both commercial as well as residential uses. This proposal would utilize one of the units on the lower level of the building as a massage establishment. It’s identified as Suite #108 and located towards the south end of the building. This space is roughly 400 square feet. The latest floor plan submitted to the Planning Commission indicates that there are seven rooms that make up Suite #108, including a waiting room, reception area, one massage room, a facial room, a restroom, break room and storage space. Refuel Massage apparently has been operating at the location for approximately one year. The owner was issued a violation notice by the Enforcement Division with orders to cease operations and apply for the required waiver use. There was another massage establishment within this complex in the adjacent unit, #109, that operated until recently. They were providing massage without authorization, and there was an investigation. That business was shut down as a result of some illicit activities, and they have since vacated the premises. So this is a massage establishment that apparently has been at this location for some time and it was separate, as we’ve been told, from another user which has since left the building. Parking is established as a ratio of one space for every 200 square feet of useable floor area. That would require a total of 42 parking spaces. The site actually exceeds that requirement. There are two required elements to these types of businesses in terms of special land use requirements. The first is that they cannot be located within 400 feet of any other property which is either occupied or approved for a massage establishment. This proposed massage establishment would be in compliance with that provision. As of today, there are no other massage establishments located within 400 feet of the proposed location. Secondly, the ordinance requires that no massage establishment be located within 400 feet of a school, place of worship, state licensed day care facility, public library, playground, or public park. Again, this establishment would be in compliance with that special requirement because no such uses are located within 400 feet of the proposed business. 3 Another piece of new information that you received this evening was a site plan, and this is something that we really didn’t get a chance to look at too carefully. But I think what it does show or illustrates is an attempt on the part of the owner to make certain upgrades to the site, mostly in the form of drainage and landscaping which shows he’s proposing trees along Seven Mile Road as well as some bushes. There’s apparently a storm sewer that runs along the west side of the property where there would be some drainage improvements and additional new stairways would be added. And I know that the person has been working with the Inspection Department on making sure that all of the Code compliance problems are taken care of. I know it’s a work in progress, I’m not sure if that maybe the new staircases are a requirement from working with the Inspection Department. The Planning Commission is recommending denial of this petition and I’ll be happy to answer any questions. Thank you. McIntyre: Thank you. Council, if no one has any questions for Mr. Taormina, we’ll go to the petitioner. Biskner: Good evening. My name is Brian Biskner, from Powell Engineering, 4700 Cornerstone Drive, White Lake, Michigan. I’m here on behalf of the owner, Chand Marwaha, and I’m here also with Jonnita Stanton, she is the owner of the massage studio therapy. I want to start if I could by talking a little bit about what has changed in the site plan we provided, the Planning Commission has seen it. What Chand is proposing to do along the south side of the building that fronts on West Seven Mile is remove the pavement, to move a few parking spaces and he’s going to landscape the area appropriately according to your ordinance. And if you view the building from West Seven Mile, that’s where it is most sorely needed using some type of screen or buffer along Seven Mile and he is prepared to add some landscaping. There currently is no landscaping or any buffer on Seven Mile Road so we’ll remove a few of those spots there and replace it with landscaping. We’re also going to remove some of the sidewalk up against the building along the south edge of the building we’re going to put some plantings to further increase some of that screening on Seven Mile. The rear part of the building, he does have to add another exit that is required by the Building Department. And there’s a couple of minor small issues, I’m not sure exactly what they are but they were described to me as fairly minor at the entrance to bring the building up to Code. All that sidewalk along the back building will be removed. The downspout drainage currently is PVC pipe laying on the sidewalk that drains out into a swale that runs to the south. The building will be dropped subgrade, graded in nicely and a new sidewalk installed. 4 As I was driving by the site today on Lathers I noticed that there’s eight existing trees along Lathers that are fairly mature as the building has been there a while but there’s a large gap between the trees and we would ask the help of Planning there to equalize that landscape screen along Lathers Road there. You’ll notice that one of the main differences between the site plan that was presented to the Planning Commission and I’d like to address the four waiver requirements for the massage therapy. As Mark mentioned, the two 400-foot isolation distances for permitted uses, activities. Other than that, she is a licensed massage therapist and then the fourth one is the hours of operation at first which she would need to have indicated was 8:00 a.m. to 10:00 p.m. I want to ask the Planning Commission to read through the minutes of the meeting that I think the Planning Commission felt that the applicant had an incomplete, didn’t have all their ducks in a row if I can paraphrase the minutes. I think we’re a little bit closer to that and we wanted to make sure, but other than that if you have any questions, I’ll be happy to answer them. McIntyre: Council? Councilmember Jolly. Jolly: Through the Chair, can you provide an accurate answer as to how long you’ve been in business with this operation, in this service? Stanton: My name is Jonnita Stanton, Taylor, Michigan. And I’ve been operating officially since about December of 2015. However, I was pregnant during the time and didn’t know about the other tenant. Jolly: Did the owner of the of the center not know it was a prohibited use? Is it a situation that we’re claiming ignorance? Marwaha: I was not aware of that. McIntyre: Could you please state your name for us. Marwaha: I am Chand Marwaha, and 3665 Valley View Lane, West Bloomfield, Michigan. I was not aware of that, that was an error, and I apologize. Brosnan: Through the Chair to the Law Department, as to the explanation provided by Mr. Taormina and in the Planning Commission Meeting minutes, there was a reference to illicit activities at the site. What specifically are these pertaining to there? Knapp: I’m not personally familiar with any illicit activities at the site, I’m not aware of any cases being prosecuted. I can research that and provide an answer, whether it was this petitioner or some previous petitioner that was operating illegally. 5 Marwaha: The owner wasn’t there and the employees did something not ethical. Brosnan: Could you hold on? If you could look into that for us and anything relative to that site that maybe important then to due process. Thank you. Marwaha: May I say something? That incident I was not aware of that, the person that rented that space, the person – the owner wasn’t there and the employee did something that was not ethical. And I was not aware – at 2:00 in the morning I am not there and I found out after that and I terminated their lease and kicked them out. And I took the writ of execution to the Building Department. I went to the police station. In other words, the activity was supposed to be illegal, we’re not exactly sure and I’m not aware that the owner was aware of that. But somehow they are no longer there and there are no incidents. Brosnan: Thank you. I’m sure that will help Mr. Knapp as he proceeds with his research. Biskner: Also, I want to mention my error, it didn’t make it on the plan at the time, Chand, for the record, is going to install four to six closed circuit TV cameras around the building and is going to be clearly posted on the sign that the property is under surveillance. McIntyre: I have a follow-up question. As far as the cameras, will they capture just the perimeter of the building or will they capture license plates? Biskner: They are high definition cameras and that should create a relatively clear image of the parking lot at night and depending on lighting, etc., and I know at the sites where I use this, I have been very impressed when I view the images, even from your basic Costco set of cameras that you get off the shelf, they do a very, very high definition area. You should be able to but I can’t speak to anything beyond that. McIntyre: Thank you. Jolly: Madam Chair. McIntyre: Yes, Mr. Jolly. Jolly: For the owner, can you tell us what efforts you’ve made to rent this space out and be in compliance, why you need waiver use? Marwaha: It is a financial hardship. The economy is very bad, it’s very hard to find tenants. The cost of heating, cooling and it has to be kept up. So I don’t plan to open another massage therapy in that building, if you ask me that question, I will do my best to find office people like dentists, accountants. 6 The economy is so bad, I have other tenants, but it’s very hard to find office people, medical people to take that space. Jolly: So who are your other tenants? Marwaha: I told you I have an ophthalmologist there; I also have a computer company. I also have a dentist, so I have some long tenants but to bring new tenants is very difficult. Jolly: So the tenants that you just listed off, can you give us an idea of how long they’ve been there? Marwaha: The computer has been there twenty years. Jolly: How long is the lease going forward for each of those tenants? Marwaha: They have 3-5 year leases. But the dentist has been there longer than twenty years. The ophthalmologist has been there 25 years. But these people are long term tenants. But bringing in new business is very difficult. I have no intention to open another massage therapy that is not permitted. I have a real interest to bring people, business people, office people, medical people, that’s what I’m advertising for and campaigning for. And I do not plan on bringing anymore and I do not want to bring any more massage therapists. And the suite is only about 400 square feet out of 10,000 square feet, it’s only 400 square feet out of 10,000, not a big space. Jolly: You’ve answered my question, thank you. McIntyre: At this time, we’ll go to the audience. Williams: My name is Gary Williams, 28112 Seven Mile. I don’t know where to start. The dentist, I’m sorry, to make it clear, he’s no longer there. He makes molars or dentures, he’s not a dentist. He was there for 15 years, he had a good background, the guy, whatever the case is. I went to the neighbors and boy, oh boy, did I get a good response that I’m not alone out there. You know they’ve seen all the activity for all of these years, I have some sign a petition that I used, can I present this? McIntyre: If you would hand that to Mr. Taormina. Williams: And then it went to that, but it’s a little informal but all of their information is there and here’s about five of the mistakes that this guy has made in the same types of businesses that have been under investigation outside Livonia, a Federal investigation, I think there’s a few other ones. Officer Painter, I’ve personally worked with him, I have his number on my cell 7 phone. It’s been so bad over there; my wife is afraid. I have upped my security at my house it’s so bad, I have cameras, we have guns in everybody’s room, we have doors locked. The neighbors are tired of this building, I have great neighbors, I have 95 percent support on Lathers that they don’t want no more of this, and I’m going to get more and I’m not going to stop. This guy is out of zone, he does not cater to handicapped, he does not cater to – what is that, the American Disabilities Act, that you advertise on your website for the City. McIntyre: Mr. Williams, we are aware of the building violations. Williams: And all the other businesses? What is that, a modeling school that you’ve got in there? McIntyre: Mr. Williams, if you’d address your comments to Council. Williams: He’s got a new business but I can’t figure out what’s going on. They’ve been there for about the last two weeks, well, they’ve got twenty people out there in line like it’s a catwalk on the blacktop with music going, I don’t know what it is. It just popped up and no previous business. There’s no regulation over there on his business. He doesn’t give a crap. McIntyre: Mr. Williams – Williams: I apologize. McIntyre: Mr. Williams, I’d like to ask you to keep your comments not your supposition about whether businesses are licensed or not, but your objection to the issue before us tonight. Williams: I apologize. McIntyre: No, you don’t need to apologize. Williams: And you know I have some other issues, too. I mean we all know the violations of these illegal businesses. I called you guys and told you that this business has been opened and operating. I called the Zoning, the Ordinance, I have their after hour numbers. I called Wayne County Sheriff’s Department because I had nowhere else to go anymore because I feel that I’ve exhausted, seven years of fighting this, can you imagine that? I mean seven fricking years, I mean I’m tired. I don’t want to do this no more. You know then he’s got the Fire Marshal problem, is there sprinklers in there? You know there was a fire. The insurance agent came over and begged us, did you please anything because it’s so suspicious. I can’t prove anything, we can’t. No smoking gun but we have a smoking building. The handicapped we just talked about, the public 8 liability, insurance, the trash hasn’t been picked up. I had to call for two days straight in a row that the trash is overflowing, bags all around the place. McIntyre: Excuse me, is this the office building garbage? Williams: Yeah. It just goes on and on and on. I need some help over there, I asked for State mediation, I need you to know I petitioned Bill Schuette’s office, “I’m busy now, I’ll be slowing down in another two months and I promise you I’m going to be very active with this.” And a few other problems with the building. And thank you for setting me up Building, you helped me out with that. But this building has got – something has to happen. I’m tired, the neighborhood is tired, we have a school, we have a park and we have a pool and we have a community that don’t want this for too long. March 29, 2016, seven undercover officers with vests, M-16s over there for three and a half hours. The reason I have that date burned in my mind is we were having a party for my son, his birthday. You know what Officer Caid said – or, Chief Caid. He’s executing a building inspection violation. The whole neighborhood, we laughed at this. But that’s fine, maybe it’s a need to know. I’m ex-military and I understand that but come on, we’re ridiculous, come on. I’m tired and the whole people are tired. It’s the same old, same old, seven years, seven years. I’m sorry about this, I’m done. I’m sorry for being – McIntyre: No need to apologize. Williams: I’m just very angry about this whole thing. McIntyre: I understand, we understand. Williams: And now my wife came to me, she’s afraid because of all the criminal activity and now I’ve got a target on my back. I’ll say one more thing. When they didn’t raze that place, the morons, you might call them morons, but the deviants would park on Lathers waiting for the prostitutes, I think it was some Escape Massage and I would go up to them because they were fools and I’d chase them away. But you know, I’m not the policemen there, you know, I’m not a cop, I’m not City Council. I’m done. McIntyre: All right. Thank you very much for your time. Council? White: Madam Chair, I would offer both an approving and a denying. McIntyre: Mr. Bahr. 9 Bahr: Madam Chair, if I may, I just happened to notice that the business owner, if I read her correctly, she had an explanation for what he said about lining up in the parking lot. If I’m wrong, you don’t have to say anything, but if you want to we will give you an opportunity, but if you’d rather not, you don’t have to. Stanton: There is a hair salon in the building and I know that she’s preparing for a big show that she does every year to promote her business, so she uses models for that day and they’re just practicing out there. Marwaha: And walking on the parking lot is not a crime, it’s not something they do every day, that’s number one. McIntyre: Okay, okay. State your name. Marwaha: I’m Chand Marwaha. I don’t understand this man. McIntyre: Sir, sir, please address your comments to Council. Marwaha: Let me address you with these concerns, this man is insane – McIntyre: Okay. Excuse me. Marwaha: The garbage issue --- they never put all the debris in the garbage and when I was informed that point, I take care of it all. The garbage is picked up once a week, every Thursday. The man who lives next door is also my tenant, okay, he put all the debris there. Dan called me from the Building Department, so I went there and took care of it. If you go right now, there’s no garbage. I watch, I come down to this building sometimes at 1:00 in the morning, I’m out and about someplace, I’ll come look at the building, make sure it’s well lit up, make sure the garbage is properly picked up. We have a maintenance man who services the parking lot and the inside and outside of the building, he comes there twice a week. So I think the statements he made here have no bearing. People have a right to walk on the sidewalk and do what you want, I cannot stop them. McIntyre: Okay, thank you. Marwaha: I would appreciate it if you would consider this, please. Brosnan: Madam Chair, through the Chair to the petitioner, sir, before you sit down, what’s before us is a waiver use and you present us with great information relative to building and site plan improvements that are intended to be made. Should you be denied the waiver use, do you still intend to make those improvements? 10 Marwaha: Yes. Brosnan: Thank you. McIntyre: Council? Marwaha: Can I take one minute, make one more comment. Regardless if the approval is approved, the building I have for 25 years. I’ve made a lot of improvements to this building, I continue. And if you have any better ideas I would like to hear them. It’s not the building, it’s my pride also, the building is my pride. I will listen to you. And I’ve listened to Jerome. He called me, I listened to me. And Dan called from the Building Department, I heard him and I have to go clean whatever he wants. So I assure you that I will do anything in my power to make it better for the City. McIntyre: Is there anything else from Council? Bahr: Actually, can I speak to the business owner again, please, if you don’t mind. I’m sorry I didn’t pose this to you earlier, but is this the first time you’ve been in this business or have you done this prior? Stanton: This is my first time. When I graduated school I immediately opened my practice. Bahr: So, you’re before us for a waiver use and I wonder, have you explored other options within the City? Stanton: I didn’t explore other options, I didn’t know that this was happening, so I have not. And I did want to speak a little bit to the business because there’s a lot of other things that are going on today that’s not really pertaining to the use of this space for my massage practice, nothing has been addressed in regards to what I do there. Bahr: This is a waiver use for your business, but if there is something else you’d like to share with us, but a document has been provided to us with your policies, but if you have something else you can certainly do that now. Williams: Excuse me – McIntyre: No, sir. I didn’t know, I thought she was done. Biskner: If I may, Jonnita just showed me a video, I haven’t seen the remodel that she’s done on it and it looks beautiful and professional and I just wanted to impress to the Board that it is a waiver use just for the use. The site plan issues are different territory than the other. The site plan we are 11 proposing, that will go forward. But tonight, I was just hoping that we keep in mind that you’ve got a business there and I’m hoping you give that consideration. McIntyre: Let’s go back to Mr. Bahr, if there things like videos that show improvements to the site, it would be very helpful to get them to Mr. Taormina’s office so it can be shared with Council. If you’d like to talk more about your business. Stanton: So basically I’m a licensed massage therapist through the State of Michigan. I’ve had a real estate license that I’ve held for the last thirteen years. So I’m very familiar with licensing and the importance of the standards that need to be adhered to maintain those licenses. Meaning, things that were said here, the stuff that happened, that was someone that is not me. The document that you have there, those are my practices, my policies, the procedures that I have, pricing, and I help people. Massage Therapy is being recognized more by the medical community. Doctors use it, chiropractors use it, physical therapists use it and there are a lot of people who tell me that I help them facilitate healing, you know, to where they don’t have to take any medication. I work with a lot of therapists, people in that area. And actually my Facebook page should have some reviews from people in the area. And I’ve worked real hard to maintain this space. So the reason that I have it in Livonia is because it’s in the middle of where I live at and where my kids go to school, they go to school at Catholic School in Novi. So I just wanted to speak and let you all know that as far as my business, I take pride in it and I take pride in doing things the right way and I would never do anything to jeopardize my licensing. McIntyre: Are there any other questions for this person? Jolly: I do. So, it was alluded to that you made improvements to the property, you paid for those improvements yourself? Stanton: I did, yes. Jolly: Can you give us an estimate of how much you’ve invested in the building? Stanton: I would say around approximately 1,000, $1,200, for paint, carpeting, signage, little things like having signs on my restrooms, and carpet, paint, things like that. McIntyre: And it would be, if you have pictures, it would be very, very helpful for us and if you could provide that to Mr. Taormina’s office he can share it with Council and it would be very, very helpful. 12 Meakin: One more question. You mentioned, alleged inappropriate behavior going on at that facility prior to your being there, why would you select this building if you knew there was a bad reputation? Stanton: I didn’t know that they were there, I moved in before those people moved in and when I came back from maternity leave, I saw that these people occupied the space and I asked about them, like you know do they do massage, and I was told yes. But as far as vacating their space, I actually called my program director at the school I graduated from and asked her what she thought and things like that, you know. I didn’t move in knowing because yes, it does reflect on me. Meakin: We’ve had a number of applicants come and ask us for waivers, you know, nine out of ten work out perfectly, but we’ve had a couple that have come and inappropriate things are happening. That’s why we’re being extra cautious when we’re approving these waiver uses. So we wish you the best of luck, but we want to make sure… Stanton: Exactly, I agree. Meakin: Thank you. Marwaha: May I say one more thing? McIntyre: Go to the podium, please. Marwaha: What happened was after the fact, that she was here before and these people came and were doing something that was not legally right. Neither was I aware, it happened without our knowing. At 2:00 in the morning, I was never there. So if people commit crimes when I’m not there. I would give anything in the world to keep her, because I know she’s a good person, she has done a lot. She even called me and said – McIntyre: Okay. I do want to clarify one thing with Mr. Marwaha. Marwaha: Call me Chand, please, it will be a little bit easier. McIntyre: Mr. Chand. You did say you’re not there at 2:00 in the morning but you told us that sometimes you’re there at 1:30. Marwaha: I own shopping centers so when I am taking a ride, I’ll go by, I’ll make time if it’s out of the way. I own shopping centers downriver and Commerce Township. So when I’m coming from there, I will make a swing and go by there and then go home. McIntyre: Very good. 13 Marwaha: But I care for the property, twenty-six years is a long time to own it. I tell you going forward it will never happen again. And I have no intention of bringing another massage therapist, that will be the last one. McIntyre: Okay. We’ll go back to the audience one final time. Williams: Thank you. Gary Williams, I think I’ve shown you really examples of legal massage establishments over the years and criminal massage people over the years, it shows that the man can’t manage the building at 1:30, 2:30, whatever, it don’t matter, coming from Bloomfield Hills, the facility would have been knocked down a long time ago. But here’s the problem I have to this: there’s no recourse for the neighbors around there. The neighbors want to get involved. And I want to tell you one more thing on this. There were five other handwritten disapprovals of this at the other meeting – McIntyre: Those are in our packets. Williams: Okay, just want to let you know so you’re on board with that and I think blah, blah, blah. I think I’m going to go out to dinner because I’m pretty hungry and I do appreciate it, it’s been a fun seven years. Thank you very much. McIntyre: Thank you. I just want to inform the petitioner that the Regular Meeting date for this item is Wednesday, September 7, 2016, and you will have to be present on that date. As there were no further questions or comments, the Public Hearing was declared closed at 8:20 p.m. SUSAN M. NASH, CITY CLERK