Ypsilanti Township asks court to shut down auto shop operating in subdivision
Ypsilanti Township is taking legal action against a homeowner who is operating an auto repair shop out of his garage in a subdivision.
The homeowner at 8248 Blue Jay Lane, Isaac Small, has been ticketed three times and found guilty in District Court of a civil infraction for running the shop.
Zoning ordinances prohibit the operation of an auto repair shop in a residential zone, and the township is asking a Washtenaw County Circuit Court judge to halt the operation and order Small to pay the township's legal bills within 30 days.
Township attorney Doug Winters said neighbors have complained since May 2009 about obstructed streets, loud noises and wreckers dropping off cars. The shop is being operated in a subdivision near Textile and Whittaker roads.
Officials say an auto repair shop is being operated out of this home at 8248 Blue Jay Lane.
Tom Perkins | For AnnArbor.com
“It is totally inappropriate for someone in a residential environment to have that kind of a repair operation,” Winters said.
Earlier in the year, neighbors complained about Small having a total of 10 cars in his garage, his driveway and the street. They described his property as “a total mess.” Neighbors also complained about people waiting around outside the home for their cars to be repaired.
In June, a Washtenaw County Sheriff’s Department deputy spoke with a man who was sitting on a folding chair outside the home. The man told the deputy his car was being test-driven by Small.
At an August hearing, Small told a 14-B District Court magistrate that all of the cars belonged to him and members of his family, but the magistrate ruled against him after the township provided evidence that his assertion was false. Small paid $300 in fines but has continued to work on vehicles, the township alleges.
Township records show that Small appears to specialize in repairing Volvos and BMWs.
A Volvo and a BMW were parked outside the home on Oct. 8. The garage door was closed and no one answered a knock at the door. Winters said an ordinance officer counted eight cars outside the home and witnessed a tow truck dropping off another car just one week prior.
Winters said he hopes Small has ceased working on cars at the home, but his office hasn’t received any indication that that is the case.
“(Small) hasn’t filed a response to the lawsuit, so obviously he thinks he is entitled to do this,” Winters said.
The township has also named HSBC Bank, which issued a mortgage for $271,000 on the house in 2007, as a defendant in the civil suit.
Comments
lefty48197
Tue, Oct 23, 2012 : 4:19 a.m.
I looked the place up on google earth's satellite photo and it showed 4 cars in the driveway and 2 more parked out front.
swcornell
Tue, Oct 23, 2012 : 3:57 a.m.
I had an uncle that was really into cars. He and friends would cut up cars to make funny cars out of his garage. And yes sometimes they sold them. But it was a hobby (He worked for Ford). But the city and neighbors hassled him all the time for running a business. I figure if you go after them then you have to root out everyone who has a home business! Watch out Avon lady! I have a neighbor that has huge swimming pool parties. It brings lots of noise and cars and I'm pretty sure he doesn't have a lifeguard. Should we go after him for running an unsupervised pool business? And what about my sons garage band?
bulls2333
Mon, Oct 22, 2012 : 9:47 p.m.
Complaints were coming out of the preserves since 2007. I should know, that other house in the picture belonged to me! Decent guy and really nice family. Hard times calls for desperate measures.
Siobhan
Mon, Oct 22, 2012 : 8:10 p.m.
I live in this subdivision a few streets over from this guy. Yes, it is a nice neighborhood but the houses are close together. I can hear when my neighbors kids are out in their yard even with windows closed. It's irritating enough when someone starts up their mower at 6 a.m. on a Saturday so I can only imagine how aggravating it must be for his close neighbors. Considering that people can get notices for their lawn growing too high in the summer it's ridiculous that's taken this long for them to shut him down. I can't even put up a fence because it's against our homeowner's agreement.There are plenty of areas out here where he could open a shop. I'm sorry if that doesn't work with his finances but that doesn't mean he can just do whatever he wants.
djacks24
Mon, Oct 22, 2012 : 7:10 p.m.
I don't work on cars, but I run into this all the time. On top of his complete disregard for his neighbors and zoning, I gaurantee he is undercutting legitimate shops that do follow the rules. Don't support these craigslist entrepreneurs, even if you are saving a lot of money.
djacks24
Mon, Oct 22, 2012 : 6:49 p.m.
I wonder if this is the same guy that a while back was operating out of a house with an attached two car garage located on Textile just a couple houses east of Whitaker road? Day and night he was working out of his two car garage with cars on jack-stands in the garage and even out in the driveway. He had moved from there late last year. I wonder if this is where he moved to? Interestingly enough, when he left the house on Textile road, it was unoccupied until just recently (like he just picked up and split).
dading dont delete me bro
Mon, Oct 22, 2012 : 5:02 p.m.
even this guy was complying with the noise ordinance... what about the added traffic to and fro? children playing, riding bicycles... if i moved into a neighborhood, i would expect a neighborhood, NOT businesshood.
music to my ear
Tue, Oct 23, 2012 : 4:39 p.m.
dude you nailed it,
Tom Todd
Mon, Oct 22, 2012 : 11:30 p.m.
some folks come and go so much you would think there is illegal activity
TinyArtist
Mon, Oct 22, 2012 : 4:20 p.m.
This happened on our street as well, a dead end off of Packard. We thought we would have to put up with the pounding and noise forever, but after forty years the guy died.
Billy Bob Schwartz
Mon, Oct 22, 2012 : 4:18 p.m.
It seems disgraceful, to me. People shop for a house, find one that is in a quiet subdivision, dream of enjoying the suburban life; you know, barbecues in the back yard, windows open to enjoy the fresh air, all that. Then some self-important person starts up an obnoxious business next door. Oh, hey, this is zoned residential. The authorities will stop that (says you). Almost three years later, they get a bit serious about it and file a lawsuit against the guy. There is no excuse for this kind of total disregard for the rights of others. A basic rule of living in a society is that we all go by laws and ordinances. Go with it, or move along. These people deserve to enjoy their property without air hammers and sledge hammers banging away, and strangers hanging around the business that shouldn't be one.
Tom Todd
Mon, Oct 22, 2012 : 11:29 p.m.
remember this people when your parties interrupt the sanctity of the neighborhood
music to my ear
Mon, Oct 22, 2012 : 5:39 p.m.
if we have to follow rules so should our neighbors,and yes BB it is hard to enjoy outside on a beautiful day, to hear noise that should be in an area zoned for it. good points you have.
Geez
Mon, Oct 22, 2012 : 3:42 p.m.
This story will end up having many updates. For one, his home owners insurance will drop him for operating this type of a business from his home, especially since it is being done in a attached garage of a residential dwelling. Without homeowners insurance he will be in breach of his home buying contract. Since HSBC has been named in the suit they are most likely looking for a reason to get him out of that house.
jns131
Mon, Oct 22, 2012 : 2:29 p.m.
Can we say if you are going to do a garage repair in your home do it discreetly. Wow. He made no bones about being a repair car person. Good luck with the court costs. He is going to need it.
djacks24
Mon, Oct 22, 2012 : 6:54 p.m.
Take my word for it. There is really no way to "discreetly" do any kind or serious auto repair out of a two car garage.
T. Kinks Heiss
Mon, Oct 22, 2012 : 2:17 p.m.
We have the same thing going on in Augusta Twp on Stony Creek near Bemis & this guy is working on commercial trucks too. I've contacted the Twp several times but they're too lazy to do anything about it.
Billy Bob Schwartz
Mon, Oct 22, 2012 : 4:19 p.m.
Good point, music. A letter from a lawyer often gets attention in a hurry.
music to my ear
Mon, Oct 22, 2012 : 2:56 p.m.
contact a lawyer , then let the township know that you have contacted a lawyer you will see how fast they get off their duffs.
eyeonthenews
Mon, Oct 22, 2012 : 2:10 p.m.
I had the same problem with a neighbor behind me. Cars in the back yard, in the drive and on the street in front of his house. Tow trucks dropping off. A crew would turn up every morning and work until 9:00 or 10:00 at night so there would be more than one power tool and impact gun running all the time. Then there was the hammering of trying to break something apart. Absolutely ridiculous to have to listen to this noise all day when I was at home. I couldn't open the doors and windows to enjoy the fresh air or sit and relax outside. Even with the doors and windows closed I could hear this noise inside the house. I called the township and each time they came out they said they couldn't find anything wrong and to call the Sheriff about the noise. The Sheriff's dept. went there several times and while making a return visit to my house to report back on the situation the deputy heard and recorded the noise coming from the impact gun. At that point the man was ticketed but didn't close shop. This activity went on for a little over two years before he moved his shop elsewhere. It does matter about the location of the neighborhood you live in and whether the neighbors work together to complain about the problems. One person alone gets little action.
Ann
Mon, Oct 22, 2012 : 1:56 p.m.
In our neighborhood here in Pittsfield Township, the zoning is for single family homes. However, across the street from me, there is a rental house with no fewer than 10 cars a night there. That house is owned by a neighbor 3 houses north. Complaining to the township doesn't work. However, I had a new furnace installed in my home and the company left a yard sign out by the drive. I thought I would just put it in the recycle bin when the trash was picked up. That pick up was less than two days away, but who should show up???? Pittsfield Township. "You can't leave signs in your yard." Honestly, I don't get how a sign could matter more than a neighbor breaking all the ordinances put forth by the township. I can't imagine a car repair shop!!
Slim Jim
Wed, Oct 24, 2012 : 1:23 a.m.
Do you know what ordinance is being violated? Maybe it's college kids with lots of friends, or a couple that has teenagers. Have you honestly contacted the township? My experience is that they investigate complaints, but sometimes there's no ordinance being violated. Just sayin. . . Lastly, how is your commercial business sign ok, even if it's just until recycle day, in a single family home?
Ron Granger
Mon, Oct 22, 2012 : 1:24 p.m.
"Winters said an ordinance officer counted eight cars outside the home and witnessed a tow truck dropping off another car just one week prior. " And surveillance too? So many public enforcement resources being directed at a guy trying to fix some cars on his private property. Meanwhile, countless people call with issues that get no attention because they aren't in a "nice subdivision".
Robert Granville
Mon, Oct 22, 2012 : 4 p.m.
Sounds like you'd like to move to a "nice subdivision." Jealousy doesn't suit you... or anyone else.
LXIX
Mon, Oct 22, 2012 : 12:39 p.m.
How many of those complainers run some sort of "business" out of their home? Some jobs just do not fit into the zone. The farmhouse solution is probably best. But who can simply go sell their Wallstreet-waterlogged house today and get a morgage for another while paying bills with the home-run biz? Few. Instead of encouraging entrepreneurs your Big Gov (including those record-setting Lansing law writers) can just throw down the rule book instead of helping community solve the prob. The guy must have some talent to attract that crowd but might not have the "license" or management brains. So the court can help by waving regs as being special R&D biz etc.. Can't open a shop without meeting all of the rules and regs like not dumping oil drums roadside instead. Use the legal carrot and stick to guide productive residents who may need a lttle common sense..
Lovaduck
Mon, Oct 22, 2012 : 6:47 p.m.
Are you kidding? How would you like to be one of his neighbors?
f4phantomII
Mon, Oct 22, 2012 : 3 p.m.
Huh?
johnnya2
Mon, Oct 22, 2012 : 12:36 p.m.
If he claims these cars are all his, take a photo of the license plates, check who they are registered to. If he makes that claim, and they are not registered or titled to him, then he is committing perjury. Put him in jail and fine him for that as well. Those of you who support the Ron Paul Libertarians believe this is his "right" to do what he wants with his own property/ It is why libertarianism is a silly ideology
Basic Bob
Mon, Oct 22, 2012 : 2:34 p.m.
"The township provided evidence that his assertion was false." Sounds like they did exactly what you suggested, without the silly fines and incarceration.
lumberg48108
Mon, Oct 22, 2012 : 12:43 p.m.
wow - you had valid claims until you started to troll and bash libertarians for no reason as if this guy has a Ron Paul for president sign on his lawn
Shi Schultz
Mon, Oct 22, 2012 : 11:15 a.m.
I wonder if he is a state licensed auto technician. he could be in violation of state licensing regulations also.
a2cents
Mon, Oct 22, 2012 : 1:09 p.m.
Of course he is reporting the income and paying payroll taxes.
Fat Bill
Mon, Oct 22, 2012 : 10:54 a.m.
There is an abundance of suitable commercial property available, or he could purchase a farm house and shop where his neighbors are too far away to worry about it. There are dozens of those operations in the County.
Ann English
Mon, Oct 22, 2012 : 11:31 p.m.
I've visited three such mechanics, one on Park Road in Scio Township (no farms there, but definitely not urban with the houses close together), one on North Territorial Road, where roosters lived, and one on Joy Road, where the mechanic did have a farm and a field to plow. When I read the headline to this story, I had expected the surroundings to be like the Park Road location's, definitely NOT like the photograph for the story.
music to my ear
Mon, Oct 22, 2012 : 10:30 a.m.
sounds as if he has alot of business .he wants to keep all the profit instead of going in town and renting a building .to put his neighbors out like that is totally selfish that is why the zoning ordinance is in place to prevent this exact thing from occurring the neighbors know their home value will decrease .it looks like a nice neighborhood .to nice for a car repair shop. if he does not comply with the courts they will seize all his equipment that is the only way to stop him. does not look as if he is going to go away quietly.
dading dont delete me bro
Mon, Oct 22, 2012 : 10:28 a.m.
if you zoom in on the address link, you can count 7 cars in the driveway and curb in front of the house... LOL
djacks24
Mon, Oct 22, 2012 : 7:40 p.m.
I counted six, but I'm sure there are two more in the garage that are not even visible. I'm not sure it's just image distortion, but it looks like there is a lot of discoloration in the driveway where the cars are parked (like big areas where fluids have leaked from cars sitting there).