Plymouth BZA upholds building inspectors decision to remove pallets from N. Michigan Road business

One man’s trash is another man’s treasure. At least that is what brothers Lonnie and Bryan Stutler, the co-owners of 7469 North Michigan Road, believe. 

Lonnie and Bryan appeared before the Plymouth Board of Zoning Appeals last week seeking an administrative appeal of a violation for lack of action to clean up the property that carries a $200 fine.

While the brothers both own the commercially zoned property, Bryan Stutler operates the business.  Lonnie told the board, “I know it looks like a big mess, but this stuff has value.  There’s a lot of used commercial and industrial equipment, machines, and parts.”

In February, the Plymouth Building Commissioner sent a letter to the property owners informing them of a violation of the city’s zoning ordinance. The ordinance states that all properties shall at all times be maintained and used only in a clean, neat, and well-groomed condition, free from all natural and man-made debris, junk, rubbish, trash, and similar items.  No waste material such as but not limited to garbage, rubbish, household appliances, inoperable vehicles, furniture designed for interior use, gasoline, oil, flammables, soils, tars, chemicals, greases, noxious weeds, industrial or agricultural waste, or any other material of such nature, quantity, obnoxious, toxicity, or temperature so as to contaminate, pollute or harm water bodies or ground water provide a habitat for disease carrying animals and insets, or represent a public safety hazard shall be deposited, located, stored, or discharged outside on any lot.

The letter gave 15 days to remove the debris, and failure to do so could be grounds for a fine of $100 to $2,500 for each day the violation continues. 

On March 11^th, a representative from 7469 North Michigan Road came to the Building Commissioner’s office to discuss the matter, and an extension was granted until April 11^th for additional cleanup.

On April 24, the Building Commissioner visited the property and told them the wood pallets needed to be removed and to continue working on cleaning the property. Manuwal suggested they contact the County Drainage Board on the water issue. 

On June 9^th, the Building Commissioner sent a letter stating, “I am informing you that I have not noticed any significant improvements to this property and am giving notice.  You have 15 days to come into compliance with the City of Plymouth’s Zoning Ordinance, Title 6, Chapter 040, Section 0. The letter also told them that they could appeal to the Board of Zoning Appeals.

On June 25^th, a Fines for Violation letter was sent to the Stutler detailing their noncompliance with the previous order and imposing a $200 fine.    

The Plymouth BZA considered the brother’s appeal of having to remove the pallets at their August 5^th meeting.

Bryan Stutler told the BZA that the pallets are needed to place items on so they can be moved to clean up the property.  He said they’ve had the commercial property since the early 70s, but the county GIS shows that they purchased the property from Don Fritz until July 12, 2022, through a personal representative’s deed.  

The business buys and sells commercial second-hand goods such as furnace parts and tractor parts, and also operates a small engine repair shop.

The brothers accused the Auto Park of filling in the drainage ditch a few years ago, causing water to flood the back portion of their property, making it unusable. BZA member Mark Gidley asked if they had contacted the County Drainage Board, and their response was yes.  When asked what the board said, the brothers said they hadn’t gotten a response.

BZA member Paul Wendel told the Stutlers, “This is the entrance to the city.  We’d like you to make it more presentable.” He asked if they could get everything behind the fence, and Lonnie Stutler said everything is behind the fence.  Wendel asked if the business was a junk yard, and they said no, its used parts for sale and engine repaid.    

Bryan Stutler said he doesn’t work at the business full-time.  He takes other jobs because he can't rely on it totally for his income.

Plymouth Building Commissioner Dennis Manuwal said the pallets were an easier first step in the cleanup process.  He said the whole property is a problem, and this was not the only business along North Michigan Road that was told to clean up their property. 

The Plymouth Board of Zoning Appeals asked the city attorney for a definition of the business.  He said the closest use was determined to be an auto salvage yard, which is a special use in a C-3 zoning district and requires approval from the BZA to operate. 

Plan Director, Ty Adley, reminded the BZA only thing to consider in Stutler’s appeal is whether the pallets can stay on the property. 

The Plymouth Board of Zoning Appeals upheld the Building Commissioner's decision, and the fine that was issued stands because substantial improvements have not been made. The BZA told them to remove the pallets and continue with the cleanup process.