The Observation Deck

In the discussion on McDonald's/Detroit Theater, there seems to be a sacrosanct argument that "well, they can do what they want because of current zoning laws".

I'm curious if anyone who knows law more than I do (which is probably everybody) could explain to me, in child-like terms, why CAN'T zoning laws change? Is there some precedent somewhere? Is it difficult? Has it just not been done?

I've done some "Google Law" research and found other communities in the US who have changed zoning laws and am trying to figure out why Lakewood is so different that we can't change them.

Thanks!

First off, I think at this point, The Barr Family deserves whatever they can get for the property. They tried, and even when faced with losing a lot of money they tried to make a go
of it. We can all argue about when we knew, me personally I have heard the $600,000
figure for years, so personally knew it was in trouble.

That said, I had heard there was talk of a moratorium on fast foods establishments on
Detroit, with both a yardage description and traffic description in place, and that was
shot down as signaling it would make other fast food places think we are not business
friendly.

What this indicates to me, is a majority of city hall would love us to do anything we can
to allow a complete revamp of what is proper, needed or wanted in Lakewood, and to
shut up and let it happen. A majority on council will eagerly tell us how we need economic
development, with all of the reasoning put forward by others here. "Well it is good"

FWIW

.

Matthew Lee wrote:In the discussion on McDonald's/Detroit Theater, there seems to be a sacrosanct argument that "well, they can do what they want because of current zoning laws".

I'm curious if anyone who knows law more than I do (which is probably everybody) could explain to me, in child-like terms, why CAN'T zoning laws change? Is there some precedent somewhere? Is it difficult? Has it just not been done?

I've done some "Google Law" research and found other communities in the US who have changed zoning laws and am trying to figure out why Lakewood is so different that we can't change them.

Thanks!

I have asked myself the same thing many times.

Every time there is new construction by some chain (Walgreen's, CVS, Rite Aid, and now McDonald's.) many people in the community get upset. There is always a claim by City Hall that there is nothing we can do about private property, that we want economic development, and that we don't want to appear unfriendly to business.

I am not afraid of economic development or business. It does seem that some communities have more restrictive development plans that businesses are able to work with. Some of those communities may be more attractive to certain types of businesses because of their restrictive plans. We may want more of those types of businesses.

I am not a fan of Crocker Park, but I do go to the Apple Store. My guess is that Apple wouldn't have put their store there if it was going to have to be next door to a McDonald's.

We don't seem very proactive or creative. Because of that, we just get what is dished out to us, and we are grateful for the crumbs of tax revenue.

I don't know.

Good question, Matthew.

Steve


.

And I would have to add that I think the lack of a restrictive zoning code creates this climate of unknown community backlash and a mishmash of enforcement, decisions, and ultimately what will be allowed to happen here in the city.

One has to wonder which of these two are more hostile to investment and business:

1. A place with a pretty easy to deal with zoning/building code but where you never know what's going to be allowed or cause people to freak out....basically a ton of uncertainty?

2. A place with a tough zoning/building code which is a PITA to deal with but makes things more predicable and the community more amenable?

I would probably argue #2 would bring more investment since the cost and risk is much more transparent and you can make a clear decision either way. #1 creates just way too much uncertainty, especially for business who don't have the time or money or inclination to deal with screaming citizens and lawsuits.

I'm just curious to see of those who are so opposed to "losing the culture" of Lakewood are going to push to make #2 happen?

They are already written down!

you would have to get city council to motion to Erase Code 10007.b etc!
and then get city council would have to vote to Erase Code 10007.b etc!

It is Civics!

The ordinance regulating 24-hour businesses is not a zoning classification, but it is a set of conditions that apply to the way businesses relate to neighborhoods. It specifies distances from homes, within which one can't operate 24 hours without a variance. It's not an outright ban; it spells out conditions a business has to meet in order to apply for a variance, and then by putting the decision in (I think) BOZA's hands, gives the opportunity to weigh the neighborhood's input. It was written during the Cain administration in the midst of a similar neighborhood battle. It's not a zoning change, but it relates, I think.