Its been about three months shy of two years since a Washtenaw County Circuit Court judge ordered Ypsilanti Township’s Gault Village Shopping Plaza's owners to demolish an abandoned former Kmart in its center.
On May 28, the owners — Sylvan Township-based Union Lake Associates — were given yet another extension to complete the demolition. It must now be properly wrapped up by June 18.
It comes just a month after Union Lake’s managing partner was held in contempt of court for not fully completing the project. At that hearing, Michael McGlothin, was given another 35 days to complete the project or he would be fined $100 per day retroactive from April 24.
Township Attorney Dennis McLain said McGlothin met with township staff after the last court date and came to an agreement that was entered into the latest order by Judge Donald Shelton on May 28 and must be completed in June.
“On June 18, assuming that they will have completed the work to township’s satisfaction, hopefully we can submit an order ending the case,” McLain said.
McLain added he is pleased the project appears to be nearing its conclusion after a nearly two-year legal struggle.
“It has been a really long, tortuous process to get Union Lake to fully bring the Kmart building down,” he said.
The physical demolition of a former Kmart in Ypsilanti Township is stretching into its sixth month.
Tom Perkins | For AnnArbor.com
The store, on Grove Road near Interstate 94, had been abandoned for more than 22 years.
Shelton ordered the building demolished within 30 days in early September 2011. After a year and half of stalling and several hearings later, demolition work began in December of 2012.
But more deadlines were missed and the project was never completed to meet township building codes. The demolition site was to be leveled with the area and parking lot surrounding it. But in a March inspection, township officials found a cinder block perimeter running throughout the site, hydraulic fluid on the ground, open sanitary pipes and other issues.
McLain said inspectors requested the remaining issues be addressed, but Union Lake dumped concrete on top of the cinder block and sewage pipes, leaving the area bumpier and more uneven than it was before.
McLain said in April, Shelton gave Union Lake the option to either level the site or place a 10-foot chain link fence around it, but the township had concerns the fence would be an eyesore as well as ineffective.
Under the new agreement, Union Lake will put up several smaller fences to keep people off the site and level it.
“The proposal was satisfactory to our building director (Ron Fulton), and if he’s happy, I’m happy,” McLain said.
The issues with the demolition of the former Kmart are far from the only problems at the shopping plaza. A judge ordered the closure of a Value Foods in March 2011 after building officials found a collapsing roof and spoiled food.
Mold has been a common issue throughout the plaza, and overhangs above pedestrian walkways have been deemed dangerous by building inspectors. Most recently it was announced an ACO Hardware store would be closing, which leaves one less anchor tenant in the plaza.
The parcel on which the former Kmart sits is separate from the rest of the plaza, and several township officials have said Union Lake intends to sell the property.
“The township has accomplished a significant amount of good here, culminating with where we’re at now,” McLain said. ‘Hopefully residents recognize that and hopefully we wont have to return to court over the Kmart.”