Dearborn Planning Commission Tables Vote on Garage Ordinance

The Dearborn Planning Commission says it needs more time to review proposed changes to a city zoning ordinance amendment governing the use of residential garages.

The commission voted 7-0 with Chairman Gary Errigo and Vice Chairwoman Nancy Siwik absent to table the amendment defining acceptable uses for garages at its meeting on Monday.

As it is currently written, the city's ordinance states that garages only can be used for storing vehicles, however the Planning Commission has been working with the city's attorneys to draft language that would accomodate other uses, such as for hobbies or backyard parties.

The commission discussed the issue at its Feb. 11 and April 8 meetings, and also had a study session May 28 with Mayor John B. O’Reilly, Jr.

"We want to take our time and get this right," attorney William DiBiasi said. 

The issue stems from Orchard Street residents who have come under scrutiny in recent months for converting their garages into social gathering spaces and installing glass doors instead of using standard retractable garage doors. DiBiasi said in the eyes of the city, that’s a sign of the garage possibly being turned into a living space, which is not permitted. In addition, it does not leave room to park a car, and driving a car over the door's sliding track repeatedly could cause it to break and cause a safety hazard.

All houses in the city are required to have off-street parking for at least two vehicles, and all houses built after 1993 must have a garage that can store at least two cars side by side. The requirements make it easier for emergency vehicles to navigate city streets, and also accomodate street sweepers during Public Service Days.

"While the city does require homes to have off-street parking for two vehicles, it does not mandate that people park their cars in their garage," Commissioner Theresa Skora explained. "The tricky part is determining what is fair and equitable for everyone knowing that driveways and property lots are different sizes."

At Monday's meeting, DiBiasi outlined some of the acceptable uses of garages that the Planning Commission may approve. Some revisions include permission to install carriage doors in designated historic districts provided they keep with the home's historic designs; allowing for storage of household items for those living in the house; and allowing sliding glass doors to be installed on the back or side of the garage.

Residents can have basic electrical service and a small sink in their garage, however sleeping, cooking and open-flame heaters would not be allowed. In addition, homeowners cannot store commercial machines or machinery products in garages, DiBiasi said.

"People shouldn't be sleeping in their garages," Commissioner Caryn Charter said. "Defining when a garage becomes a habitual living space has been a sticking point with us."

Prior to the vote, Commissioner Kevin Watts asked that the amendment language be changed to clarify what is considered "living" in a garage.

"To me 'living' has a nebulous meaning," he said. "You can live in your garage for two hours a day doing car repair."

Watts said ideally the ordinance should permit certain uses for garages as long as those uses do not impede city parking requirements.

"If someone wants to build a man cave or a hobby space, they still have to be able to get a car in the garage," he said.

Dearborn resident Muheeb Nabulsy expressed outrage with the city's regulation of garages.

"I feel this is a jealousy issue," he said. "People who cannot afford to renovate their home always complain when they see other people's homes."

Nabulsy has been in talks with the city for more than a year, ever since he laid down ceramic tile on his garage floor and installed sliding glass doors. His goal was when the electric overhead door is open, the sliding doors will make the space feel more like an enclosed patio, where he can sit in fresh air and visit with neighbors.

"We are not causing any issue," he said. "I can park six cars in my driveway and the street is empty. I agree with no kitchen, no cooking or anything that could hurt myself, my family or my neighbors. If I have an argument with my wife, I sleep in the garage. What's wrong with that?"

"If I am doing something illegal, you are more than welcome to come to my home and break it in front of my eyes," Nabulsy told the Commission.

A resident who identified herself only as Mrs. Carson, agreed, stating: "Who's business is it what people do with their houses? We should celebrate families being families."

Some residents however, say the modifications are distracting and dangerous.

"I don't hold anything against someone who wants to work on their garage, but I've seen chandeliers and flat screen TVs in some of these garages that have been dry walled and completely finished," Marium Wilke, president of the Eastborn Neighborhood Association said. 

Wilke said when garages are converted into living areas, owners often leave their lawn equipment, trash cans and other storage items in the backyard causing issues with blight for neighbors.

Open flames near exhaust fumes from cars and motorcycles is also dangerous, she said.

Other residents agreed, though declined to comment in front of the commission.

The Planning Commission said it will take up the issue again at a later date. The commission’s recommendations are not binding, and are sent to the city council for final approval.