Birmingham Towers plans postponed again

By Grace Lovins

Following a contentious discussion between Birmingham’s Planning Board, members of the public and a private developer, the special land use permit application for Birmingham Towers, being constructed at 479 S. Old Woodward, was postponed for the second time during the Wednesday, June 25, meeting.

Birmingham Towers, a proposed five-story mixed-use building, has come before the planning board a number of times in the last five years. The original plans received final site plan approval from the board in September of 2020 but has undergone several adjustments sending the item before both the planning board and board of zoning appeals several times since.

At at the June 25 meeting the owners of Birmingham Tower were hoping for final approval of a modified site plan and design as well as a special land use permit. Planning director Nick Dupuis wrote in the meeting packet that the modified plans caused considerable change to the on-site parking. Per city ordinance, approving the special land use permit request would waive the parking requirements for the site.

Board chair Scott Clein noted during the meeting that the applicants, Birmingham Tower Partners LLC, submitted a parking analysis to the city’s planning department just a few hours before the start of the meeting. He said the submission was not only “very disrespectful to the time and effort” the city puts into the process but also inconsiderate to the members of the public who came out.

“In my opinion you have left us no choice,” Clein said. “It is our duty as a board representing the city of Birmingham and indeed the city of Birmingham to provide due process to your application so this board cannot in my mind take any action on your proposal tonight because we have a significant submittal from you that has not been vetted and the reason it has not been vetted is because that it was submitted late afternoon today.”

Birmingham Towers LLC’s attorney Patrick Howe, of JP Howe PLLC, said that the report was sent to the board as a courtesy and wasn’t meant to “slip under the door.” Doraid Markus, one of the owners of Birmingham Towers, offered to withdraw the report and submit it at a later date before the city commission reviews the application. To that, Clein asked how commissioners could analyze the board’s recommendation if the commission was receiving brand new information.

Only one planning board member, Daniel Share, disagreed with Clein, saying that he would not support a motion to postpone the item without giving Birmingham Tower Partners the opportunity to completely withdraw the report.

While things heated up during public comment when residents expressed their frustrations with attending a meeting only to have the item postponed again, the board ultimately voted 5-1 to postpone the application until the Wednesday, July 23, meeting. Share was the lone vote against postponement.