A planned car wash at 38400 Ten Mile Road in Farmington Hills may never open.
The city's Building Official declared the project's building permit was issued in error and made it inactive, and the property owner is fighting back.
Dr. Delair Gardi, who owns the site through 38400 W. 10 Mile Road, LLC, filed an administrative appeal that the Farmington Hills Zoning Board of Appeals will hear on Tuesday, August 11, 2026 at 7:30 p.m. at City Hall, 31555 W. Eleven Mile Road.
The dispute centers on Building Permit PB231881, which Gardi applied for on November 30, 2023. The Building Official has since declared that permit was issued in error and made it inactive. The City Planner also retracted approval of site plan SP 66-12-2021, which the Planning Commission had originally approved on February 17, 2022. The ZBA agenda does not state when either action occurred or the Building Official's specific reason for the decision.
The city adopted Zoning Text Amendment 2-2024 during the life of Gardi's permit. That ordinance, known as C-9-2024, reclassified vehicle washes in the B-3 General Business District from permitted uses to special approval uses and limited them to redevelopment of existing sites only. The Planning Commission recommended the amendment on October 17, 2024, by a 6-2 vote, and City Council held a public hearing on November 25, 2024. Gardi's appeal explicitly argues the amendment should not apply retroactively to his project.
Before the amendment, car washes could be built by right in B-3 zones without special approval. The B-3 district covers 2.3% of the city's land area, and city staff noted during the amendment process that Farmington Hills has more gas stations and car washes than comparable communities.
What Gardi is asking for
In his appeal, filed under Section 34-7.14.6.A of the city's Zoning Ordinance, Gardi asks the ZBA to reverse the Building Official's decision, stay the permit inactivation during the appeal, and determine that the city must apply the zoning rules that were in effect when his site plan was approved and his permit application was filed. He also argues that Ordinance C-9-2024's savings clause preserves his rights from before the zoning change took effect.
If the ZBA denies relief, Gardi's filing requests detailed findings on the application date, the city's post-amendment processing conduct, and reliance evidence to preserve a complete record for circuit court review.
What's next
The ZBA's decision will determine whether the car wash project moves forward or whether Gardi must take the dispute to circuit court. A site visit to 38400 Ten Mile Road may be held on Sunday, August 9, 2026 at 9 a.m.
Residents who want more information can contact Charmaine Kettler-Schmult, Director of Planning and Community Development, at 248-871-2543 or [email protected].
