Madison Heights council denies special land use to convert house at 28767 Dartmouth into parking; alley vacation withdrawn

Madison Heights City Council voted to deny special land use PSP25-05, blocking a developer's proposal to demolish a residence at 28767 Dartmouth Street and create a two-way drive aisle and three parking spaces to serve an adjacent proposed Bubba's 33 restaurant. After public testimony from dozens of nearby residents and presentations from staff, traffic consultants and the applicant, the motion to deny passed on a roll-call vote with five councilors in favor and one opposed.

The motion to deny was made by Councilor Robock and seconded by Councilman Fleming; the clerk recorded votes as follows: Fleming (yes), Muir (no), Robock (yes), Soltis (yes), Wright (yes), Mayor Pro Tem (yes). The city attorney read prepared denial findings into the record tied to zoning sections cited in staff materials (section 10.06 and special land-use review criteria in section 15.05.03). The denial means the proposed modification to allow parking as a principal use on an R-3 (single-family) parcel will not proceed; the applicant then withdrew the related alley-vacation request.

Residents and neighborhood petitioners who spoke during the public-comment period argued the project would harm traffic safety, neighborhood character and property values. "Approving this request would set a dangerous precedent," said a resident who noted petition signatures gathered door-to-door. Multiple speakers asked the council to prioritize the safety and well-being of current residents over commercial expansion into a long-established neighborhood.

Developer representatives and their traffic consultant urged council that the proposed access would improve safety compared with the existing 17-foot alley. Traffic engineer Lauren Warren, who conducted field counts and authored the project assessment, told council the study showed only a small net increase in vehicle trips for the specific parcel: "You will see an increase of four trips daily in this site," she said, citing industry-standard trip-generation estimates used in the analysis (Lauren Warren, traffic engineer).

Applicant counsel John Gaber and developer Brian Nager stressed their view that the current alley is unsafe for two-way operations and that the revised plan adds landscaping, a six-foot masonry wall, a sidewalk connection and a no-right-turn sign at the exit to reduce neighborhood impacts. "We're trying to make an unsafe condition safer," said Gaber. The planner also noted that the restaurant itself can be developed by right in the adjacent B-2 zone and that denying tonight's special land use would not, by itself, prevent a by-right use at the nearby commercial parcel.

Council discussion centered on competing risks: several councilors emphasized a duty of care to residents and found insufficient demonstration of need under the zoning standards; others warned that denying an engineered access might leave the property to be developed by right using the narrow alley, which could worsen the very safety problems neighbors fear. Councilor Robock, who made the motion to deny, said the application did not meet the ordinance's use-specific standards and special-land-use criteria.

Outcome and next steps: The motion to deny passed; the applicant withdrew the alley-vacation request. Staff noted further coordination with the Road Commission (Oakland County) or MDOT would be required for any signal work that the developer proposes in the future. The property owner retains the right to pursue other by-right options for the commercial parcel to the west, subject to separate site-plan review and any required permits.