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HomeMy WebLinkAboutPUBLIC HEARING - PH 2016-08-15 - APPEAL OF DENIAL - MARX COLLISION 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 7:21 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. 2 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 3 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 4 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. 5 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? 6 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. 7 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. 8 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 th 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