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HomeMy WebLinkAbout2018.06.15.MM Commission packetLansing City Clerk’s Office Ninth Floor, City Hall, 124 W. Michigan Ave., Lansing, MI 48933-1695 517-483-4131 517-377-0068 FAX www.lansingmi.gov/clerk city.clerk@lansingmi.gov City of Lansing Medical Marihuana Commission Friday, June 15, 2018 2 p.m. 124 W Michigan Avenue City Clerk Conference Room, 9th Floor Agenda 1. Call to Order 2. Approval of the Agenda 3. Approval of Minutes 4. Commission Appeal Hearings TNT Industries LLC - 1825 E Michigan Ave Mike & Trevor LLC – 4314 S Cedar Street 5. Excused Absences 6. Public Comment 7. Adjournment Chris Swope Lansing City Clerk MINUTES City of Lansing Medical Marihuana Commission REGULAR MEETING May 18, 2018 – 2:00 P.M. City Clerk 9th Floor Conference Room 124 West Michigan Avenue The meeting was called to order at 2:03 P.M. BOARD MEMBERS PRESENT BY ROLL CALL: Brockton Feltman - Vice Chair Anita Turner Tracy Winston - Chair John Addis A QUORUM WAS PRESENT STAFF PRESENT: Chris Swope, City Clerk Brian Jackson, Chief Deputy City Clerk Deb Biehler, Office of the City Clerk Amanda O’Boyle, Office of the City Attorney Jim Bennett, Office of Building Safety APPROVAL OF AGENDA: Moved by Brockton Feltman Second by Anita Turner MOTION CARRIED APPROVAL OF MINUTES: Moved by Brockton Feltman to accept 4/20/18 Minutes with addition of Excused Absence Second by Anita Turner MOTION CARRIED COMMISSION APPEAL HEARING: Kesto Holdings, Inc. – 5528 S Martin Luther King Blvd – Represented by Jennifer Domingue The Appeal was heard following the approved Medical Marihuana Commission Appeal Hearing Format. Motion by John Addis to reverse the decision of the Clerk. Motion died for lack of second. Motion by Brockton Feltman to uphold the Clerk’s decision. Second by Anita Turner Roll Call vote: John Addis – No Brock Feltman – Yes Anita Turner - Yes Tracy Winston – Yes MOTION CARRIED PUBLIC COMMENT: Elaine Womboldt Jeff Barker Patricia Spitzley Brant Johnson ADJOURNMENT: 3:35 P.M. Commission .· Appeal TNT Industries 6/15 2018 Commission Appeal Hearing Officer Packet stamps endicia Shipping Label Receipt Delivery Confirmation TM Service Number: 9405 5118 9956 0595 7836 61 Priority Mail 2-DAY with USPS TRACKING#* Electronic Service Fee: $0.000 Total Postage and Fees: $6.55 Weight: 1 oz Print Date: 02/0512018 Mailing Date: 02/05/2018 From: Chris Swope To: Lansing City Clerk's Office 124 W Michigan Ave Floor 9 Lansing Ml 48933 TNT Industries LLC c/o Raman H Sagmani 4315 Willow Creek Dr Troy Ml 48085-5727 USPS Postmark Here •Regular Priority Mail 2-DAY Service postage rates apply. There is no fee for Delivery Confirmation"' service on Priority Mail services with use of this electronic shipping label. Postmar1< reqi.ired if fee refund reQJested. Delivery information is not available by phone for the electronic option. Instructions: 1. Adhere shipping label to package with tape or glue -DO NOT TAPE OVER BARCODE. Be sure all edges are secured. Self-adhesive label is recommended. 2. Place the label so it does not wrap around the edge of the package. 3. This package may be deposited in any collection box, handed to your mail canier, or presented to a clerk at your local Post Office. 4. Each confirmation number is unique and can be used only once - DO NOT PHOTOCOPY. 5. You must mail this package on the "mail date" that is specified on this label. February 5, 2018 TNT Industries LLC c/o Raman H Sagmani 4315 Willow Creek Dr Troy, Ml 48085 RE: 1825 E Michigan Ave, Lansing Dear Provisioning Center Applicant: Chris Swope Lansing City Clerk This is to advise you that your City of Lansing Medical Marihuana license application has been recommended for denial by the Building Safety Department. The structure lacks a valid Certificate of Occu anc as a retail rou M) use and no alterations or obtaining a change o use group permit is indicated on the application. This is in violation of Michigan Build Code 2015 section 111.1. The submitted waste disposal plan does not contain sufficient detail to determine compliance with the State of Michigan Emergency Rule 36. Please resubmit. A copy of the Emergency Rules can be found at the Licensing and Regulatory Affairs website http://www.michigan.gov/lara/0.4601 ,7-154-79571 83994---.00.html or by phone 517-284-8599. If you do not address this deficiency with the City of Lansing within ten (10) business days of the date of this letter, your application will be denied. Please submit the required plan to the Clerk's Office. Lansing City Clerk's Office Ninth Floor, City Hall, 124 W. Michigan Ave., Lansing, Ml 48933-1695 517-483-4131 $ 517-377-0068 FAX ww.lansingmi.gov/clerk $ clerk@lansingmi.gov ·"j ,-··.S' '-" I 1 ' v · .. · Name of Establishment I Establishment DBA (If Known) TNT INDUSTRIES LLC Establishment Address City State .1825 E MICHIGAN AVE Lansing Ml Medical Marihuana Provisioning Center Application OFFICAL USE ONLY February 3, 2018 APPROVAL DENIED Building Review: Approval Denied -Structure lacks a valid Certificate of Occupancy as a retail (group M) use and no alterations or obtaining a change of use group permit is indicated on the application. The facility ~s have knowingly operated without Certificate of Occupancy in violation of Michigan Build Code 2015 section 111.1. The facility operators have a history of noncompliance, see MCL 333 .27402 (3) (g). Sanitation and Waste Disposal Review: Approval Denial: The submitted waste disposal plan does not contain sufficient detail to determine compliance with Emergency Rule 36. 4f James Bennett, C.B.O. Building Safety Office Department of Economic Development and Planning Page 1of1 f\o.(\ \o., 1 ·~l :._.·· '.\ (\ ·~ · {· . . i ·-;.,., ·.-., w · 11 -.;··~ ;.v·. . ;/ ··J { ·, 0 g,t ~<.-.. ("· i..(. [I , . ) ;· -···y \ ( . l y 8 () '6 '5 i r ~/··· stamJ)s endicia Shipping Label Receipt Delivery Confirmation™ Service Number: 9405 5118 9956 0582 4233 10 Priority Mail 2-DAY with USPS TRACKING#* Electronic Service Fee: $0.000 Total Postage and Fees: $6.55 Weight: 1 oz Print Date: 0212112018 Mailing Date: 0212112018 From: Chris Swope To: Lansing City Clerk's Office 124 W Michigan Ave Floor 9 Lansing Ml 48933 TNT Industries LLC clo Raman H Sagmani 4315 Willow Creek Dr Troy Ml 48085-5727 USPS Postmark Here 'Regular Priority Mail 2-DAY Service postage rates apply. There is no fee for Delivery Confirmation"' service on Priority Meil services with use of this electronic shipping label. Postmark required if fee refund requested. Delivery information is not available by phone for the electronic option. Instructions: 1. Adhere shipping label to package with tape or glue -DO NOT TAPE OVER BARCODE. Be sure all edges are secured. Self-adhesive label is recommended. 2. Place the label so it does not wrap around the edge of the package. 3. This package may be deposited in any collection box, handed to your mail carrier, or presented to a clerk at your local Post Office. 4. Each confirmation number is unique and can be used only once - DO NOT PHOTOCOPY. 5. You must mail this package on the "mail date" that is specified on this label. February 21, 2018 TNT Industries LLC c/o Raman Sagmani 4315 Willow Creek Dr Troy, Michigan 48085 Dear Provisioning Center Applicant, Chris Swope Lansing City Clerk This letter is to inform you that your application to operate a Medical Marihuana Provisioning Center in the City of Lansing at 1825 E Michigan Avenue has been denied. You have failed to obtain a valid Certificate of Occupancy as a retail (group M) use. You have the right to appeal this decision within 14 days of the date of this letter by filing a written statement with the City Clerk's Office setting forth fully the grounds for the appeal. Chapter 1300 provides that should the applicant not receive a license, one-half the application fee shall be returned. This refund will be processed after all appeals are exhausted. Sincerely, Chris Swope City Clerk cc: M. Yankowski, Lansing Police Chief J. Smiertka, Lansing City Attorney Lansing City Clerk's Office Ninth Floor, City Hall, 124 W. Michigan Ave., Lansing, Ml 48933-1695 517-483-4131 $ 517-377-0068 FAX www.lansingmi.gov/clerk $ clerk@lansingmi.gov Name of Establishment I Establishment OBA (If Known) TNT INDUSTRIES LLC Establishment Address City State 1825 E MICHIGAN AVE Lansing Ml Medical Marihuana Provisioning Center Application OFFICAL USE ONLY February 3, 2018 APPROVAL DENIED Building Review: Approval Denied -Structure lacks a valid Certificate of Occupancy as a retail (group M) use and no alterations or obtaining a change of use group permit is indicated on the application. The facility operators have knowingly operated without Certificate of Occupancy in violation of Michigan Build Code 2015 section 111.1. The facility operators have a history of noncompliance, see MCL 333.27402 (3) (g). Sanitation and Waste Disposal Review: Approval Denial: The submitted waste disposal plan does not contain sufficient detail to determine compliance with Emergency Rule 36. James Bennett, C.B.0. Building Safety Office Depa11ment of Economic Development and Planning Page 1of1 Biehler, Deb From: Swope, Chris Sent: To: Thursday, February 22, 2018 9:38 AM Biehler, Deb; Jackson, Brian Subject: Fwd: Capital Wellness Response Letter Attachments: Capital Wellness Appeal.pdf; ATTOOOOl.htm; Capital Wellness Drawings.pdf; A TI00002.htm Sincerely, 1° ,_-,-_,,--------·--···-1 Chris Swope, CMMC/MMC Lansing City Clerk 124 W. Michigan Ave, 9th Floor Lansing, MI 48933-1695 Main: (517) 483-4131 Direct: (517) 483-4130 Fax: (517) 377-0068 chris.swope@lansingmi.gov www.lansingmi.gov/clerk www.facebook.com/LansingClerkSwope Sent from my iPhone CONFIDENTIALITY NOTICE: This email contains information from the sender that may be CONFIDENTIAL, LEGALLY PRIVILEGED, PROPRIETARY or otherwise protected from disclosure. This email is intended for use only by the person or entity to whom it is addressed. If you are not the intended recipient, any use, disclosure, copying, distribution, printing, or any action taken in reliance on the contents of this email, is strictly prohibited. If you received this email in error, please contact the sending party by replying in an email to the sender, delete the email from your computer system and shred any paper copies of the email you printed. Begin forwarded message: From: Bruce Rosenthal <bruce.rosenthal@att.net> Date: February 22, 2018 at 9:01:00 AM EST To: Chris Swope <chris.swope@lansingmi.gov> Cc: Robert Ficano <robertficano@aol.com>, Ray Sagmani <rsagmani@comcast.net>, Michael Yank:owski <michael.yankowski@lansingmi.gov>, "j.smiertka@iprimacivitas.org" <j.smie1ika@primacivitas.org> Subject: Capital Wellness Response Letter Reply-To: Bruce Rosenthal <bruce.rosenthal@att.net> Dear Mr. Swope, 1 Attached please find our initial response to your letter dated February 21, 2018 regarding TNT Industries· LLC.,and Raman Sagmani. If you have any questions please feel free to contact me at any time. Thank you for your attention to this matter. Very truly yours, Bruce F Rosenthal, Esq. Bruce Rosenthal, PLLC 4301 Orchard Lake Road Suite 180, PMB 116 West Bloomfield, Ml 48323 Office Phone: 248-430-0804 Office Fax: 248-432-7644 Cell Phone: 248-464-9803 E-mail: bruce.rosenthal@att.net This email has been scanned by the City of Lansing Symantec Email Security.cloud service. For more information please visit http://www.symanteccloud.com 2 BRUCE F. ROSENTHAL, ESQ. ROBERT A. FICANO, ESQ. February I 0, 2018 Mr. Chris Swope Lansing City Clerk Lansing City Clerk's Office Ninth Floor, City Hall 124 W. Michigan Ave. Lansing, MI 48933-1695 Fax: 517-377-0068 City.clerk@lansingmi.gov ATTORNEYS AT LAW 4301 ORCHARD LAKE ROAD SUITE 180, PMB 116 WEST BLOOMFIELD, MI 48323 (248) 464-9803 PHONE (248) 430-0805 FAX Email: bruce.rosenthal@att.net Re: TNT Industries, LLC/Raman Sagmani 1202 S. Washington Dear Mr. Swope, Please be advised that Mr. Robert A. Ficano and I represent TNT Industries, LLC and Mr. Raman Sagmani with respect to their application to operate a Medical Marihuana Facility at 1825 E. Michigan Ave., Lansing, Michigan. It has come to our attention pursuant to your letter dated Febmary 21, 2018 that there is a question regarding their Certificate of Occupancy as a Group M retail. Our architect Ms. Liz Hanow and Mr. Sagmani have been working with your department for any code issues and to cure any deficiencies if any for their Certificate of Ocwp<:tncy. Attached please find the requested revised project information submitted to PZE on our Commercial Plan Review as recently as February 20, 2018. We will be following up with your office within 14 days as additional facts and information becomes available. Thank you for your attention to this matter. If you have any questions please feel free to contact me at any time. cc: Robert A. Pica.no Raman Sagmani Mr. M Y ankowski Mr. J. Smie1ika 1 Very truly yours, Bruce F. Rosenthal, Esq. ::; ("'. ',") ) . { -~ '6 '-._) t) 't ~ ~ I ..... I ___ .,. ___ ,, 1n-ose oR 112-CUI ATT ACHe.O TO SIDE OP JOIST I TO STUD LAID f"LAT ON F\..OOR --CREATE TIGHT BLOCKING !!l!TlllEEH SPACES BELOW FLOOR 2Xt'S ". OC 2X'4 K.NEE WALL ANCHORED TO FL.OOR I/OR WAl.L '4.!S-OC WIGRX FASTENERS OREO UPPER PLATFORM FRAMINC.. DETAIL 'A' 10· ~l~~l~~lONS ~ "' I-< E l('-0" t -----r,-.-.,--.-r -----.. I I I I I -----1 I I I I I -----~ : : : ~ ,._•~· -----~ I I : f ~1~ "" ,.. a. -HST Al.L CAI.ILK OR Q. STUfP INSULATION -.f: NeAR TM1$ JOIST TO GUARANTEE SEAi.. BELOUS I JOIST -----1 I -----~ I I I I I I I I I I I I I -----.. • I I I LOWER PLATFORM FRAMINC.. CIRCLE NOTED C011MENTS ARI!. Re.5POHse.s TO r1RST PLAN R!Vlel1J 12-1s-2om I I Q) see Dl!TAll. "A' ABOVE FOR PLATPORM CONSTRUCTION ~ SEE OE TA.IL 'B' Aeove FOR HANDRAIL CONSTRUCTION r.;\ HEIJJ AND EXISTINU OOOR& ARE :u· UJ ~ UJ/ LEVER HAHOLe.S. ~I DETAIL 'C ' (j) :~~~~: ~~l~!IN~M~~~~L I /oR~=·E H I J I '-J L---1..n.._1, I I o~..".:''~ ... ~ © eoue. OF GLAZINC, IS L E5S TMAN 11-FROM EOC,E OF COOR IN CLOSED POSITION--NOH-SAFE.Tl' C..LASS OKAY C.0 " MIN -<"-~ ~ GRAS BAR ·z ;: 9 " K IS BETUJEEN T I ;., t 19" ~VERIFY THAT UJC 11 I ,,. FROM UJALL C t LAV ELEVATIONS f7\ EXISTING RESTROOh UIAS MACE BP \IV IN :2010 CONTRACTOR WILL VERIP.Y Ned.I REQUIREMENTS FOR GRAS BARS SEE OE T All. ·c • (j} SECURITY S'l'SlEM OH DOOR ONt. Y LIMliS EttTRY TO SMOlllROOM, HOT EXITlNC... WHICH REQUIRES OHE ~AHO I NO SPECIAL KNOWLEDGE ® lk°iE 0s~~~~~~AlTAd~~16eC~ff.~E:E t:r 0 NEl!I :.. OFFICE~ "' w Q)~t111',.~1tn I ~ 8 ,, " 0 9 l'i~'~, vt\QtlllM '··· DIAMETE·~-0" ,. I METAL OR UlO HANDRAIL ATOP 1X1 UPRK.HT!i 1.s· 01AMETE~ ~ I METAL OR uoo~~ HANDRAIL "TURNS IN AJ\0 ANO A'TTAC!if.S TO WALL l:X-4 STUD NOTCHED l" I AT'TACH!.0 TO Rll1 JOJST DETAIL 'B' :~ '~~·10" (2) Dl&l'\.A'fCAUS O' CMf'LAT CA,U, EMPLOYEE. Al'iEA. JO:! SQ l"T RE VISED PROJECT INFORMATION PROJECT 15 THE CONVeRSIOH OF A ~ORMl!I': GROCe.Rr .STO"E INTO A MARIJU•HA OISPl!HSARY CHANGE IN OCCUPANCY l'ROtt A TO t1. EARLIER PERMIT FOR !tUC:H CHANGE l!JAS FILED IN 201'1 BUT APPARENTLY Hl!V!R: COt1PLE!.Tl!O. _CURRENT TENAJiT HOPE$ TO AOC PLATFORM AKO ShALL OFFICE, PARTITION TO DIVIDE!. E!.NTRY l'ROtl RECePTION. AOO\TIONAL UJORll; REOUIREO TO BRIMC.. eUILOIHG UP TO coce FOR OCCUPANCY CHANGE. tHCL\IOES VERIFICATIOtt OF SI' UIC ANO ENLARC,EMENT OF AN EXISTINC.. DOORWAY. OCCUPANCY OP TOT AL BUILCIHC. I! wno ... CUSTOME!.RS •1011'0•2 CUSTOHERS • S02/IOO•S EMPLOYEES PRIOR EXPIReO Pl!RHIT MAY HAVe. LISTED CONSTRUCTION TYPE AS SB, euT CORRECT OESIC,NATIO~ IS 3B. -=P gg~~~~~~~~ ~y~iR'€A~~IL! ~ BUlLOINC. IS HOT SPRINKLERED ~ ~ AREA Ofl Bc.JILOING IS 1110 SO l"T LlH TH.t.M 50 DCC\Jr,t."1' Alfl ,I. D' 11.1.lHD l't'll'LOTll AltlA II IOl SC l'T nae :IOl]••l01.U CXCl~TIC!t I •• """" lilOT IHO\IJl:IO ., lru-LOYll AltlA I IOOO IQ l'T OCCUPA.HC'( 502 SQ PT ettPLO'l'ee ARl!A LS SQ FT R!C!.PTIOH ARE" 'TOT AL EM~LOYEE AREA --5!15/100 • ' e11PLOYees IL2 sa FT STORE FL.OOR 105 SQ FT RECEPTION AREA TOTAL CUSTOMER AREA --2LVLO • & CUSTOMERS TOT Al OCCUPANCY • II LESS THAN 15 --J DRIHKIHC.. ,.OUNT AIH NOT RE.OUIRfO TABLE MPC 103.1 EXCEPTION F --NO OF REOutREO IF OCCUP.Q.NCY IS LESS 'THAN 15 PERSONS D D D D ve .. TIVl 3-1-:2011 ---·. LIZ HARROW ARCl-llTECT U1, OAl&T I.AHi! £ LA~&tNCo •U•:n r-MOMe/ l"A1C )11 ., •• OD CONTACT, RAY SAC>nANI m ,11 >100 . FLOOR PLAN L (l /\ E G Mt.ti 000111 )UO Olt )04111 ~~':.t~cs ll!Wl~TUtC. DOOll E N D !.11~111c.. 111•~1. 101~\L rJ.0 THeSE UIALLS !!HT Al.LEO BY PRIOR TEWAl'fT = SCALE1 l/B• • 1·-0· RENOVATIONS TO EXIST INC. MARIJUANA DISPENSARY 1!125 E ~){GAH l,A.NS!NC. '1Hl . . SHEET ONE OF ONE - OFFICE II! Ill 1-z :::> 0 u ~ II! 0 3 PLATFORM STORE FLOOR "1 SQ n DISPLAY CASES EMPLOYEE AREA S01 SQ FT (MOP SINK D FU~ BF llJC t--e c cJ 2 . -c}~J ·-1 (~ c;/q b 0 WAITING ROOM FLOOR PLAN SCALE: 1/6" • l'-0" CAFIT AL WELLNESS 1825 E MICHIC.AN LANSING 18~12 0 I 0 N 0 I ro ··-··-·--··-··-··-··-··-··-··-··-·-=n I I I 1'-o· == = = 1·-0· 0 I EXISTING STORE = = = = 1·-0-or-o· ,·-er ,--o- 10 PARKINC. SPACES, INCLUDING I BF = = 0'-0'" I I I I I I I L ____ _ ]-··-··-··-·--· ____ ··-· __ ·Jj SITE PLAN SCALE: i • l'-'-0'" CAPITAL WELLNESS rJ! t 'c;( J -cJ-cJ -! ; ofcJ) - 18:ZS E MICHIGAN LANSING ~8~12 Biehler, Deb From: Sent: To: Cc: Subject: Attachments: Scott, Tracy Monday, March 05, 2018 1:23 PM Swope, Chris Biehler, Deb; Jackson, Brian FW: Notice of Appeal and Request for Hearing-TNT Industries LLC, 1825 E. Michigan Ave. Notice of Appeal-TNT Industries LLC.pdf ------···-·-···-·--·-.. -·-----·-----------------·--·--------·--.. -----·--·------.. --·---- From: Bruce Rosenthal [mailto:bruce.rosenthal@att.net] Sent: Monday, March OS, 2018 1:10 PM To: Clerk, City Cc: CityAtty; Yankowski, Michael; Melissa Cupp; Robert Ficano; Ray Sagmani Subject: Notice of Appeal and Request for Hearing-TNT Industries LLC, 1825 E. Michigan Ave. Dear Mr. Swope, Attached please find our Notice of Appeal and Request for Hearing for TNT Industries LLC, located at 1825 E. Michigan Ave Lansing Ml. If you have any questions please feel free to contact me on my cell at 248-464-9803. Thank you for your attention to this matter. Very truly yours, Bruce F Rosenthal, Esq . Bruce Rosenthal, PLLC 4301 Orchard Lake Road Suite 180, PMB 116 West Bloomfield, Ml 48323 Office Phone: 248-430-0804 Office Fax: 248-432-7644 Cell Phone: 248-464-9803 E-mail: bruce. rosenthal@att.net This email has been scanned by the City of Lansing Symantec Email Security.cloud service. For more information please visit http://www.symanteccloud.com 1 BRUCE F. ROSENTHAL, ESQ. ROBERT A. FICANO, ESQ. March 5, 2018 Mr. Chris Swope Lansing City Clerk Lansing City Clerk's Office Ninth Floor, City Hall 124 W. Michigan Ave. Lansing, MI 48933-1695 City.clerk@lansingmi.gov ATTORNEYS AT LAW 4301 ORCHARD LAKE ROAD SUITE 180, PMB 116 WEST BLOOMFIELD, MI 48323 (248) 464-9803 PHONE (248) 430-0805 FAX Email: bruce.rosenthal@att.net Re: Appeal 1825 E. Michigan Ave. Certificate of Occupancy as a Retail Group M use. NOTICE OF APPEAL REQUEST FOR HEARING Now comes TNT Industries LLC c/o Raman Sagmani, by and through its attorneys Robert A. Ficano and Bruce F. Rosenthal and for their appeal and request for Hearing state as follows; 1. On February 21, 2018, the Lansing City Clerk's Office issued a letter to TNT Industries LLC located at 1825 E. Michigan Ave, denying its application to operate a Medical Marihuana Provisioning Center in the City of Lansing at 1825 E. Michigan Ave. (a copy of which is attached hereto as Exhibit "A"). 2. On February 22, 2018 Bruce F. Rosenthal issued our initial response to the above described denial. Mr. Sagmani and his architect had been working with the City of Lansing Department of Planning and Neighborhood Development Building and Safety Office specifically Mr. James Bennett. We submitted revised project information to PZE on our Commercial Plan Review as recently as February 20, 2018. (a copy of the letter is attached hereto as Exhibit "B"). 3. A copy of the Revised Project Information as provided to the Depaitment of Planning by our architect Ms. Liz Harrow is attached hereto as Exhibit "C". All fees and requirements have been fulfilled by TNT Industries LLC. 4. On February 28, 2018 Mr. Ficano and Mr. Rosenthal traveled to the City of Lansing Department of Planning to meet with Mr. James Bennett to discuss the submitted plans in compliance with the requested Ce1iificate of Occupancy. Mr. Bennett was unable to meet with us and it was suggested that we meet with Mr. Jonathon Snyder Chief Plan Review Analyst, we asked for Mr. Snyder and he was not available so we left our business cards and asked Mr. Snyder to contact us. We have attempted to contact Mr. Snyder several times but to no avail. On March 2, 2018 Mr. Ficano sent an e-mail to Mr. Snyder about the issues at hand (Please see e-mail dated March 2, 2018 attached hereto as Exhibit "D"). As of the date of this Appeal no response from the Depmtment of Planning has taken place. 5. Upon information and belief the facility in question located at 1825 E. Michigan Ave. had e required Certificate of Occupancy via the previous owner. We are seeking through the Department V./ VV Planning.all records of prior ce1~ificates, requests and building pem1its issued and inspected. (r'p/) 6) Upon information and belief in calendar year 2017, TNT Industries LLC through their ~/ contractor drew, fulfilled and completed permits for construction of the property. Normal course of conduct would provide that if a Certificate of Occupancy was not present then the building permits could not be issued and completed. This is one of the reasons we contacted the Depaliment of Planning to obtain the history on this address. 7) We have sought compliance with all areas of our Medical Marihuana Provisioning Center Application with both the City of Lansing and State of Michigan and to date have provided all requested information. 8) We believe it would be highly prejudicial to deny TNT Industries LLC application with the City of Lansing without a complete review of all records and a Hearing to determine the issues of compliance. We respectfully request a Hearing on this matter and to be provided with all documentation at the City of Lansing seeking compliance with or affirmation of the existence of an appropriate Certificate of Occupancy as requested in Mr. Swope's letter of February 21, 2018. Thank you for yom attention to these matters. cc: M. Y ankowski J. Smietka M. Cupp-RWC R.Sagmani L. Harrow 2 Very truly yours, "<.·--- \j c--·-·-----~ Bruce F. Rosenthal, Esq ~L.J i;, ~M.-0 (riv1 Robert A. Ficano, Esq. Exhibit ''A'' February 21, 2018 TNT Industries LLC clo Raman Sagmani 4315 Willow Creek Dr Troy, Michigan 48085 Dear Provisioning Center Applicant, Chris Swope Lansing City Clerk This Jetter is to inform you that your application to operate a Medical Marihuana Provisioning Center in the City of Lansing at 1825 E Michigan Avenue has been denied. You have failed to obtain a valid Certificate of Occupancy as a retail (group M) use. You have the right to appeal this decision within 14 days of the date of this letter by filing a written statement with the City Clerk's Office setting forth fully the grounds for the appeal. Chapter 1300 provides that should the applicant not receive a license, one-half the application fee shall be returned. This refund will be processed after all appeals are exhausted. Sincerely, Chris Swope City Clerk cc: M. Yankowski, Lansing Police Chief J. Smiertka, Lansing City Attorney Lansing City Clerk's Office Ninth Floor, City Hall, 124 W. Michigan Ave., Lansing, Ml 48933-1695 517-483-4131 $ 517-377-0068 FAX www.lansingmi.gov/clerk $ clerk@lansingmi.gov Exhibit ''B'' BRUCE F. ROSENTHAL, ESQ. ROBERT A. FICANO, ESQ. February 10, 2018 Mr. Clu·is Swope Lansing City Clerk Lansing City Clerk's Office Ninth Floor, City Hall 124 W. Michigan Ave. Lansing, MI 48933-1695 Fax: 517-377-0068 City.clerk@lansingmi.gov ATTORNEYS AT LAW 4301 ORCHARD LAKE ROAD SUITE 180, PMB I16 WEST BLOOMFIELD, MI 48323 (248) 464-9803 PHONE (248) 430-0805 FAX Email: bruce.rosenthal@.att.net Re: TNT Industries, LLC/Raman Sagmani 1202 S. Washington Dear Mr. Swope, Please be a.dvised that Mr. Robert A. Ficano and I represent TNT Industries, LLC and Mr. Raman Sagmani with respect to their application to operate a Medical Marihuana Facility at 1825 E. Michigan Ave., Lansing, Michigan. It has come to our attention pursuant to your letter dated February 21, 2018 that there is a question regarding their Certificate of Occupancy as a Group M retail. Our architect Ms. Liz Harrow and Mr. Sagmani have been working with your department for any code issues and to cure any deficiencies if any for their Certificate of Occupancy. Attached please find the requested revised project information submitted to PZE on our Commercial Plan Review as recently as February 20, 2018. We will be following up with your office within 14 days as additional facts and information becomes available. Thank you for your attention to this matter. If you have any questions please feel free to contact me at any time. cc: Robert A. Ficano Raman Sagmani Mr. M Y ankowski Mr. J. Srniertka Very truly yours, Bruce F. Rosenthal, Esq. Exhibit ''C'' I ~· I I 1-------,, ___ .,. __ _ r-------· 11'2" OHt OR ":r 0!:11 A1'1 ACHeO TO 510£ OP JOl&T I TO nuo LAID l'LAT ON r'LOOR -·CReATI! TIC.HT DLOCt.tHC. BllTIZIEEN ~JI-Ace& Dl:.LOllJ FLOOR 2>U'5 IL" OC :JX ... 1'NEE WALL ANCHORED TO FLOOR I/OR WALL •Ur OC lllC.RX FA&TEHERS OR EQ UPPER PLATFORM FRAMING DETAIL 'A' 10- .VERIFY I oc-o· I -----r1-.-T-rr -----, I I I I ~ -----1 I I I I I -----~ : : : ,!,·-~· -----, I l l ~ __,__.__.. w ... -~.m ·s LAID OIRl!CTL'r. - - -__ O_~·l!X1SilHC. llLI! ri:LOOR ~ ~1~ ~ii'. I""~ .. ii L ""' tt.S.T ALL CAUL!!; 0~ STUFF lNSULATIOH Hl!AR 'rHI~ JOtU "' -----'! -----J I -----, TO GUA.RANT!.! Sl!AL BBL.Om I J019T I 0 I I I I I I I I I I I I LOWER PLATFORM FRAMINC. CIRCLE NOTED COMMENT!. AR£ Rll.L~ON&e.:, TO l"l"T PLAtl' 1ti:.v11~.w ll·t5·:J01'1 {) 51!1!. 01!.TAIL 'A' ABOV! fOR Pl..ATfORM CONSTRUCTION a> sea Dl!:T AIL ·s· A.BOYi! POR HANORA~ CON6TRUCT10N 1 K :r~r~::~ .. " ·c· ~ Ne.Ill AHO !Xl$'TINC. OOORS ARE 3,· II ~ WI t.!!VfR HANOl~& (j) RBMOVI! !>CISTINC. DOOR 1 l'RAMI! Re.Hove lJ" 01' CNU WAl.L TO DI" H ~ t!OGe OP G\.A'ZING 1$ t.ess THAH l1" ~ r'ROM ecc..e Of DOOR IN C\.OSEO POSITION .... NOM-SM&.TY CIL.ASS OICAl' '-C>"' MIN {'~ .: ,YRAB BAR ? " K IS BETWEEN T ' ;., t 19-JJVERIFY T~AT iUC 11 I 1"1• PROM ttlALL C t LAV ELEVATIONS r.'\. EXJSTINC. lt65TROon WAS HAO&. ~F '*' IH ~OtO i~M~,;~~iI~~s ~L6R v~:~l ~~%& SEG DE!T AIL 'C' (j) SECURITY S'l'!JTEN OH DOOR ONLY LIMITS l!HTRY TO SHOWROOM, HO'T EXITINC., WHICH R!QlJIRE!S ONE HANO I NO SPECIAL Kt40WLeOC.E. ® ~~~I!. 0s~~c~~~11AJ.f~1~ecin~~E:e "" 1,s· DIAMETER QJ_,,. ~ I METAL OR tlO HAND Ft All AlOP lX1 UPRIC.HT!. t.5" OtAl"IETER ~ I M!T Al OR lDOO-;---~ MANOR.A.IL "rURNS IN ANO AHO ATTAC~S TO VIALL 2)(" STUD NO'TCHl!D :'l" I A11ACH!O TO RU1 .101ST DETAIL 'B' ~~tat\IOS 011 ~~,,, NEii :.. OPPIC~' " .. l[) ........ o I :;; .. ~.,,.o"" B " "' Q " YflCUllM ., ,,.. Oii IAllOS ~ .. Dail"\. AT CAU.l ·w-l"\.4,fCiiU EH~OYe.e .a.Re.\ 10110 ,., RE VISED PROJECT INFORMATION PROJecT I~ THC COHVeitt:ucm OP A l'ORMl!.R Gl':OCeRY STORI! l.HTO A MARIJUANA OISP!PolSARY CHAHC.E IN OCCUPAHCY ,.R0t1 A TO M. EARLIER PERMl1 P.OR 5UCH CHANG& t:IA& PIU.O IN 2011 BUT APPAR!MTL Y Hl!.V!A: COMPl.!.11!0. CUR~ENT TEHAMT HOPl!S TO AOC PLATl"ORt'I ANO SMALL. Ol'PICE. .. PARTITION TO OIVJOI! e.HTRY PROM Re.C!PTIOH, ADDtTIONAL WORK. REOUIRl!.0 10 BRIHC. BUILCINC. UP TO COOi! FOR OCCUPAHCT CHl\HC.E. IMClUCES VERIFICATION OF Bl' llC ANO l!MlARC.EMl!.NT 01' AH E>Cl5TINC:. OOORWAY. OCCUPAl-IC'r' OF T01Al 6UrlOIMCr. t! ltt"O •'I CUSTON!RS •101110•~ CU!oTOHE.Rr. • S021100•5 BHPLO'l'E!E! PRIOR EXPIReD PERt1T NAY HAV! \.151E!O COH!rTRUCTIOl'l TYPl AS ,IS, 8UT CORRBCT Ol!IMC.l'IA.TIOH I~ SB. -;-) CONSTRUCTIOH TYPE IS la -=4 g;f~~~Nij.Y H'61"s~~:.'i~~~~~ ~ ~ A.REA 01' BU1LOIMC. 15 "10 SQ n UH THAW JO OCCU"'A"T• Bir:~~~:~~ =~·~KH r;; '*°~: ;: OCCUP.a.NCY S02 SQ n Et'IPLOYl!e AR!A 4S S.0 l'T REC!.PTIOM ARBA 10i AL RHPLOYll AREA -· HS/100 • l 11.MPLOYB.E.& 1'7 &Q PT 910Re. r'LOOR IOS SQ H RECEPTION AREA T01AL CUSTOM!.R AREA.,_ 2'11'0 • S CIJS'TOl"ll!R!. TOT AL OCCUPANCY • II LESS. lHAH ~ -·t ORlKKtHC. r'OUHTAlK HOT ft!QUIRED T A8Le. nPC 103.1 EXCEP110N F iS1~s~F 'T~'i~U:Ep~:fs8fsCUPAHCY D D D .:.-, ........... , .. , .. 2011 LIZ HARROW ARCHITECT ... ., DAIDY LANll • LAP4.iNC. -tH';r. l""WOH1!1 P'AI< HI I.> .. 06 t>aat"'6 .-HO:Nd.MA ... I :'•c"a~b~\':.tc ~k~t~g CONTACT1 RAT SA"'1Alil m ISlS100 FLOOR PLAN 5CALl!1 11r • r-o· RENOVATIONS L E G E N 0 TO EXISTIHC:.. MARIJUANA DISPENSARY 18lS E 111Cl<GA1t 1.AN;O«C. 11•1 fl lftCI OOOtl --ll)ll)!NC.111.llL , • .a otll , .... , \.&V•• ..... ,.ou1• =-10-''""'-'-DO TMl!&t!. IUALLS lhlTALLEO SM!f.T ONE OF ONE /\ BY PRIOR TEN~T Ull)T .. C. ~ J~1'"4lL 00011 OFFICE II:'. w 1--z :J 0 u !IC Ill 0 3 PLATPOR:M STORE FLOOR 11.2 50 f'T EXIT SIG IJJ/ Et1ERGf-LITE! 015PLA Y CASES EMPLOYEE AREA 502 50 FT D FU~ ·BF a/C WAITINC. ROOM FLOOR PLAN SCALE: l/8" • r-o· 0 CAPITAL WELLNESS 1825 E MlCHlC.AN LANSING 18,12 --------·----· --·--· ---· ·- 0 I I I -0 N 0 I 1·-0-.,...o· ,·-o- = = = I = I = EXISTING STORE I ! = = = = = ~ = ~ ~ ~ "'"-o· ct·-cr -r-o· .,...o-1·-0-e·-o· i ~ '..>.-- ~ I 10 PARKING SPACES. 0 INCLUDINC. I BF I I -JI L _____ _, ... J -------·----·---·--- SITE PLAN &CALE, I"• .. ·-er CAPITAL WELLNESS 1825 E MICHIC.AN LANSINC. ~8~12 Exhibit ''D'' Subject: Fwd: Capitol Wellnes 1825 E.Michigan Ave From: Robert Ficano (RobertFicano@aol.com) bruce. rosenthal@att.net; To: Date: Friday, March 2, 2018 12:04 PM Sent from my iPhone Begin forwarded message: From: Robert Ficano <RobertFicano@aol.com> Date: March 2, 2018at11:35:26 AM EST To: Jon.snyder@lansingmi.gov Subject: Capitol Wcllncs 1825 E.Michigan Ave Mr Snyder I and Mr. Bruce Rosenthal represent the above provisioning center. The owner is currently applying for a COO and all drawings,permits and review fees have been submitted to your Department. Work on the location was performed with approved fees and permits in 2017. No issue of COO was raised and approval was given by the Department of planning in 2017. Any expedited help for approval be appreciated. We would be glad to discuss the matter with you. Feel free to call or email (313-363-2233) Sincerely Robert Ficano Sent from my iPhone Biehler, Deb From: Sent: To: Cc: Subject: Attachments: Dear Mr. Snyder, Bruce Rosenthal < bruce.rosenthal@att.net> Wednesday, March 07, 2018 8:47 AM Snyder, Jon Clerk, City; Robert Ficano 1825 E. Michigan Ave. Exhibit A.pdf As your are aware Mr. Ficano and I represent TNT Industries LLC and Raman Sagmani. Permit Number PB17-0420 was applied for and issued on April 12, 2017. The applicant on said permit was Ray Sagmani at 1825 E. Michigan Ave., Lansing, Ml 48912 (a copy of which is attached hereto as Exhibit "A"). Mr. Sagmani by and through his architect Ms. Liz Harrow submitted updated drawings and plans to be compliant with the Lansing City Code and 2012 Michigan Building Code. Mr. Sagmani was not given notification of the expiring permit and never received the expiring permit notice letter that you reference in your March 5, 2018 email to Mr. Ficano. It is our position that as the applicant and the person who paid the project fees for Permit Number PB17-0420, Mr. Sagmani at 1825 Michigan Ave. should have received the December 20, 2017 Notice. We would respectfully request a review of your entire file on this matter in order to complete our response to the issues at hand. Please let us know when this information will be available. TNT Industries LLC and Mr. Raman Sagmani have been and continue to seek full compliance with all Building Codes. Thank you for your attention to his matter. Very truly yours, Bruce F. Rosenthal Bruce Rosenthal, PLLC 4301 Orchard Lake Road Suite 180, PMB 116 West Bloomfield, Ml 48323 Office Phone: 248-430-0804 Office Fax: 248-432-7644 Cell Phone: 248-464-9803 E-mail: bruce.rosenthal@att.net ,... ........ :,;:_:., r-......._:. 1:..:.:.:.:i (,.. c:::':' ·"'·' -";'---.~. 7 ·· -•· _:_:·', ·' ::·:::.j i-1-i .. 1 -· ; C) \ ·, --1 -H-··· r-i --·I I -..... ,. :1:-:.~ "" . , --. ("') :J;: rr: ,. __ C) r-··~~: . , __ rr-~ ,. ··' .. .. o:.= 1 . I Exhibit ''A'' ;--.. :~-:·. ~~~ ::· -::J; -~--~~ :-.. ~ ::·-, .. . ..::. -· -< ;:-~ -:·:.:.~· c-1 _ _. :: r:-1 i:. 6 rq ~- ::-:·:} ---~.:..~: cc Applicant: RAYSAGMANI 1825 E MICHIGAN A VE Lansing MI 48912 Building Safety Office Department of Planning and Neighborhood Development 316 North Capital Ave Suite C-1 /k2y (./~ .(~·~ Lansing, Michigan 48933-1238 . / l-L-7 ._./ ( · (517) 483-4355 £@,?~i;:~~~~'~W~i1f ft~,, I . . . . Type I Status: ISSUED Permit Number: PB17-0420 Applied: 0411212017 . Issued: 04112/20 J 7 Expires: l 0/09/2017 Finaled: THE BUILDING PERMIT OR COPY SHALL BE KEPT ON THE SITE OF THE WORK UNTIL COMPLETION OF TBE PROJECT LOCATION OWNER CONTRACTOR 0 1825 E MICHIGAN A VE ZOELLER NATALIE M 33-01-01-15-280-121 1414 OLD MILL RD Zoning District: A EAST LANSING MI 48823-2154 Phone: Phone: (S17) 708 7023 Fax: Fax: Inspector: Larry Connelly (517) 483 4363 Larry.connelly@Iansingmi.gov Work Description: an office will be framed within the retail area of an existing store, and the first entry area will be subdivided into two spaces Stipulations: Contractor must provide a paper copy of the approved plans or an electronic copy of the approved plans and a suitable means of viewing them for use by the inspection staff. Primary Constructions Type: SB Primary Use Group: M Permit Item Technology Fee Com $1-$2,000 Primary Zoning District A Project: JCIA17-0011 Work Type Standard Item Standard Item Commercial Fee Basis 1.00 1.00 Fee Total! Amount Paid: Balance Due: :::> ··-.•-: I • , ' .. ·' Item Total $10.00 $90.00 $100.00 $100.00 $0.00 .. · · .... j J ; BUILDING PERMIT Issued: 04/12/2017 Work Description: an office will be framed within the retail area of an existing stor is being erected in compliance with the Michigan Building Codes, under Permit number: PB 1 7 -0 4 2 0 issued by the Building Safety Office, City of Lansing, Michigan. {517) 483-4355 Address: 1825 E MICHIGAN A VE IT SHALL BE THE DUTY OF THE PERMIT HOLDER OR APPROVED PLANS MUST BE RETAINED ON JOB AND THIS AUTHORIZED AGENT TO CALL FO.R INSPECTIONS CARD KEPT POSTED UNTIL FINAL INSPECTION HAS BEEN REQUIRED BY THIS PERMIT. MADE. WHERE A CERTIFICATE OF OCCUPANCY IS WORK SHALL NOT PROCEED UNTIL THE INSPECTOR HAS REQUIRED, SUCH BUILDING SHALL NOT BE OCCUPIED APPROVED THE VARIOUS STAGES OF CONSTRUCTION. UNTIL FINAL INSPETION HAS BEEN MADE AND A CERTIFICATE OF OCCUPANCY ISSUD. THE BUILDING INSPECTOR REQUIRES 24 HOURS NOTICE PRIOR TO MAKING INSPECTIONS: REQUESTS FOR INSPECTIONS MAY BE MADE IN WRITING OR BY TELEPHONE. POST THIS CARD SO IT IS VISIBLE FROM THE STREET Building Inspection Approv11ls Electrical Inspection Approvals Htg. & Refrig Inspection Approvals Plumbing Inspection Approvals 1 ·.::; 2 3 1 1 1 2 2 2 3 3 3 Separate permits are required for electrical, plumbing and mechanical installations. PERMIT WILL BECOME NULL AND VOID IF CONSTRUCTION WORK IS NOT STARTED WITHIN 180 DAYS OF DATE THE PERMIT IS ISSUED. ·~·-· """:~;_:, ... · -; · ( . : .i .•... ! ; (-·.~ ·-· --< c-:: : .. .-.. ' ' .... ,. ... ~· . .:1 C.""7.l !:·::-.i .. ; .. .. J : ' : ~ : :~~·.) ......... r--r· ! 7·:.~ ~::::: r-·r-, C:) -.__ , ' l:'.) stamr>s endicia Shipping Label Receipt Delivery Confirmation TM Service Number: 9405 5118 9956 0513 7161 22 Priority Mail 2-DAY with USPS TRACKING#* Electronic Service Fee: $0.000 Total Postage and Fees: $6.55 Weight: 1 oz Print Date: 03/16/2018 Mailing Date: 03/16/2018 From: Chris Swope To: Lansing City Clerk's Office 124 W Michigan Ave Floor 9 Lansing MI 48933 TNT Industries LLC c/o Raman H Sagmani 4315 Willow Creek Dr Troy Ml 48085-5727 USPS Postmark Here 'Regular Priority Mail 2-DAY SeNice postage rates apply. There is no fee for Delivery Confirmation1w service on Priority Mail services with use of this electronic shipping label. Postmark required if fee refund requested. Delivery information is not available by phone for the electronic option. Instructions: 1. Adhere shipping label to package with tape or glue -DO NOT TAPE OVER BARCODE. Be sure all edges are secured. Self-adhesive label is recommended. 2. Place the label so it does not wrap around the edge of the package. 3. This package may be deposited in any collection box, handed to your mail carrier, or presented to a clerk at your local Post Office. 4. Each confirmation number is unique and can be used only once - DO NOT PHOTOCOPY. 5. You must mail this package on the "mail date" that is specified on this label. March 16, 2018 TNT Industries LLC c/o Raman H Sagmani 4315 Willow Creek Dr Troy, Ml 48085 Dear Mr. Sagmani, Chris Swope Lansing City Clerk We have received your appeal of the denial of licensure. Please note that initial appeals are referred to a hearing officer appointed by the City Clerk who will review any information submitted in the appeal as well as information submitted by the City Clerk. The hearing officer will consider the information submitted and make a recommendation to the City Clerk, who will make a decision on the appeal. To encourage efficiency, appeals will be conducted as a paper hearing without oral presentation. Please ensure that you include all additional information in your written appeal that you would like the hearing officer to consider. Please submit the additional information to the City Clerk's Office within seven (7) days from the date of this notice. If you have begun business operations pursuant to State Emergency Rule 19 and Executive Order 2017-02, you must cease operations. Operations may resume only if your appeal is granted and the requirements of the temporary operation are satisfied. Sincerely, Chris Swope City Clerk cc: M. Yankowski, Lansing Police Chief J. Smiertka, Lansing City Attorney Lansing City Clerk's Office Ninth Floor, City Hall, 124 W. Michigan Ave., Lansing, Ml 48933-1695 517-483-4131 $ 517-377-0068 FAX www.lansingmi.gov/clerk $ clerk@lansingmi.gov Biehler, Deb From: Sent: To: Subject: March 16, 2018 TNT Industries LLC c/o Raman H Sagmani 4315 Willow Creek Dr Troy, Ml 48085 Dear Mr. Sagmani, Biehler, Deb Friday, March 16, 2018 4:11 PM 'rsagmani@comcast.net' Provisioning Center Application Update We have received your appeal of the denial of licensure. Please note that initial appeals are referred to a hearing officer appointed by the City Clerk who will review any information submitted in the appeal as well as information submitted by the City Clerk. The hearing officer will consider the information submitted and make a recommendation to the City Clerk, who will make a decision on the appeal. To encourage efficiency, appeals will be conducted as a paper hearing without oral presentation. Please ensure that you include all additional information in your written appeal that you would like the hearing officer to consider. Please submit the additional information to the City Clerk's Office within seven (7) days from the date of this notice. If you have begun business operations pursuant to State Emergency Rule 19 and Executive Order 2017-02, you must cease operations. Operations may resume only if your appeal is granted and the requirements of the temporary operation are satisfied. Sincerely, Chris Swope City Clerk cc: M. Yankowski, Lansing Police Chief J. Smiertka, Lansing City Attorney 1 BRUCE F. ROSENTHAL, ESQ. ROBERT A. FICANO, ESQ. April 7, 2018: l\.k Chris Swope Lruisihg City Clerk Lansing City Clerk~s Office Ninth Floor, City Hall 124 W. Michigan Ave; Lansii,lg, MI 48933-1695 City .clerk@laiisingmi.gov Re: Supplement to Appeal 1825 E. Michigan Ave. ATTORNEYS AT .LAW 4301 ORCHARD LAKE ROAD SUITE 180, P11B 116 WEST BLdOMFIELD, MI 48323 (248) 464-9803 PHONE (248) 430~0805 FAX Email:· bruce.rosenthal@att net Certificate of Occupancy as a Retail Group Muse. SlJPPLEMENT TO APPEAL AND REQUEST FOR HEARING 1825 E. MICHIGAN A VE. Now comes TNT Iridustrie~ LLC c/o Raman, Sagmani, by and through th~ir ~ttorney~ Robert A Fi.cano and Brµ9e F. Rosenthal arid fol'. this Supplement to Appeal and Request for Hearing states as follows; 1. On March 5, 2018; TNT Iridtistries LLC c/o Raman Sagmani timely filed their Notice of Appeal in this matter. 2. On March 8, 2018 counsel for TNT Jndustries, LLC, c/o Raman Saghiani filed with the City of Lansing their Freedom oflnformation Act (FOIA Request) through the Lahsirtg City Attorney's office. 3. On March 21, 2018 counsel for TNT Industries, LLC notified the Lansing City Clerk's Office that w~ were awaiting the FOIA responses. 4. On April 6, 2018 through Assistant City Attorney Ms. Aplanda O'Boyle we received responses to FOIA Request Number 18~309. Said responses are attached hereto as Exhibit "A" and made part of the appeal in this matter. 5. The attached documents Clearly show that the applicaIJ.t for the Building Permit Application on April 4, 2017 was Mr. Ray Sagmani. Said application Number PL 170420 showed the address as 1825 E. Michigan Ave .. , Lansing, MI 48912, property owp.era:s Simon Zen:ich, .and telephbne h11mbers 248-953-5700 and 517-708-7023. The Building Perrititj\ppliGation was paiq for and signed b.y Ramaµ Sagmani. The letter from the City of Lansing Building Safoty Office reg?Tding Expiring Permit Office was sent to Natalie M. Zoeller at 1414 Old Ivlill Road, EastLansing, MI 48823-2154. Said notice was not given to the Pefuiit Applicant TNT Industries, LLC c/'o Raman Sagmani either physically or co11structively arjd theref.ote Mr. Sagmarti was never given the Expiring Permit Notice: or the deficiency would have been cured, · . We respectfully request that .this ir:1formation obtained through our FOIA Request be included in our Notice of Appeal-Requ.est for Hearing filed in this matter on March 5, 2018. Thank you for your attention to this matter. c::P: Deb Biehler M. Y ankOwski B. Jackson City Attorney's Office Joseph Aboud M. Clipp-RWC R. Sagmani L. Harrow 2 Very· truly yours, Bruce F. Rosenthal, Esq CLLL~~~ Robert A. Ficano, Esq. Exhibit ''A'' Subject: FOiA 1 ~-309 From: O'Boyle, Amanda (Amanda;O'Boyle@lansingmLgov) To: broce.roserithal@att.riet; Date: Friday, April 6, 2018 3:14 PM Dear Mr. Rosenthal, Please find attached all responsive documents identified relating to you:r FOJArequest, i 8-309. Amanda O'Boyle Assistant City Attorney City of Lansing-Office of the City Attorney 124 W. Michigan Ave. I Lansing, Mr 48933 0: 517-483-4320 E: Amanda.O'Boyle@lansingrhi.gov Website I Facebook I Twitter I Instagram Andy Schor,. Mayor Attachments • PB17'-0420 1825 E Michigan Inspections,pdf(38.55KB) • PBI 7-04201825 E Michigan.pdf (173.llKB) • PBl 7-0420 Building Permit Application 182§ E Michigart.pdf (853.27KB) • PBl 7-0420 Expiring Permit Notice 1825 E Michigan.pdf (S7.90KB} • imageOOl.png (9.6SKB) I ~1u1.1mo:~~mel!Jmi?{ffmil~~o.r-211t1~~~r~¥Ji~§£~~~~~ ··~:!!~~·~'~i~i~~§wf!~!!iT~~~~;~ Property.:~litofm~'t16n· · · c • t.~: ~T ~. ' -~' · ·.' · ' · ·. · ·:·:;.: :~-:--.... ~--· ... .-,:· , :.-.. ·: ,. · : : f ?~~;~·: ~:: . · ·)?~r'.~~\r;~"'7o": , · ', ·:::t,:f1~:1)~(:. ; · · 33-01-01-15-280-121 1825 E MICHIGAN AVE Subdivision: LANSING MI, 48912 Lot: Block: Owner: ZOELLER NATAUE M Occupant: Applicant: RAY SAGMANI Contractor: Licensee: License Issued: License Expires: .1 · · Date fssued: 04/12/2017 Date EXpires: Work Description: ·:··; :~ . :·z .. 10/09/2017 Phdne: Phone: Phone: Phone:, Phone: ....... . . ;:. . . . . ·.·:: ~·; :· .. ~ .. (517) 708 7023 Status: EXPIRED an office will be tramed within the .retail area of an existing store, and the first entry area will be subdivided into two spaces Stipulations: .. · ·~;~ : .~: .. :.: · .. · ... Contractor must provide a paper. copy of the approved· plans or an electronic c;opy of the approved plans arid a. sliitable means of viewing them for use by the inspection staff. · Fee.Inf'i:lrmation . Standard Item Tei;:hnology Fee Standard Item CommCom $1-$2,000 .• , • l ... -;. <: .J. •. :~· ·.: .. ; . .. ' . .i . l,00 LOO 10.00 . 90.00 '· I"'· . .A.ndy $char, Maybr Applicant: RAYSAGMANI 1825 E MICHIGAN A VE Lansing MI 48912 Building Safety Office Economic Development & Planning 316 North Capital Ave Suite C•l Lansing, Michigan 48933-1238 (517) 483-4355 . . ' Type Status: EXPIRED Permit Number: PB17-0420 Applied: 0411,212017 Issued: 04/12/2017 ExpiieS: 10/09/2017 Finaled: THE BUILDING PERMIT OR COPY SHALL BE KEPT ON THESITE OF THE WORK UNTIL COJl.iPLETION OF THE.PROJECT LOCATION OWNE.R CONTRACTOR 0 1825 E MICHIGAN A VE ZOELLER NATALIEM 33-01-01-15-280-121 1414 OLD MILL RD Zoning District: A EAST LANSING MI 48823-2154 Phone: Phone: (517) 708 7023 Fax: Fax: Inspector: Larry Connelly (517) 483. 4363 Lany.connelly@lansingmi.gov WorkDescription: an officewill be framed within: the.retail area of an existing store, and the first entry area will be subdivided into two SJ?aces Stipulations: Contractor must provide a paper copy of the approved plans or an electronic copy of the approved plans and a suitable means of viewing them for U:Se by the inspection staff. Primary Com;tructions Type: 58 Primary Use Gr()up: M Permit Item Technology Fee Com $1-$2,000 Primary Zofi.ing District: A Proji:ct: !CIA,17-0011 Work Type Standard Item Standard Item Commercial Fee Basis 1.00 1.00 Fee Total: Amount Paid: Balance Due: Item Tqtal $HJ.DO $90.00 $100.00 $100.00 $0.00 CONDITIONS UNDER WIDCH BUILDING PERMIT ISSUED This pennit is issued upon.the.express c9nditions that the person,,firiiJ, or c<irporation nam~d on this permit is responsible for all \\iork authorized by this pennit to its completion and that such work shall confonn in all respects to the statements certified to in the application for this pennit and that all work: shall be done in accordance with the provisions of the statutes of the State of Michigan and the ordinances and codes of the City of Lansing pertaining to the erection of buildings. his pennit may be revoked at ariy tiine upon violation of said statutes, ordinances or codes. Also, a permit shall be deemed nil II and void if work is not c01nmenced within (6) rrionths of the da.te permit is issued. Y /t t:..-/1 I -fa-f' ~ t if/ t -z:... / /-7 Approved plans and specifications shall remain on the construction site for all fuspections. Any deviation from the approved plans shall require approval as in the original examination and approval process. Any person who owns, controls; or is in possession of a construction site or building under construction shall "maintain the construction site? building under construction, and adjacent area free oflitter, garbage, debris .and waste material" and "maintain th~.street,.road, o~ highways adjacent to, or abutting .the construction site free of dust, sand, mud, dirt, litter, g~rbage, debris, or waste material and sweep such areas at least once per week. ('CERTIFICATE OF OCCUPANCY: \\1here a certificate of Occupancy is required, such b~iilding shall not be occupied until final inspection l!ias been made and certificate issued, as per Section .110 of the Michigan Building Code. SIDEWALKS: installation cif sidewalks is the re5ponsibility of the property owner. Contact the Public Service Department for specific requirements. WARNING: Check deed restrictions and subdivision re5trictiiJns before starting construction. ADDITrONAL SPECfAL NOTE FOR COMMERCfAL/INDUSTRIAL PROJECTS: construction and development signage for.new projects shall be subject to the issuance of the building peimit and comply with the City of Lansing sign ordinance. NOTICE: if this structlireis in, or becomes submitted into the city's make safe or demolish process, issilance of any building arid/or trade pennit(s) does not in any way alter the demolition schedule or give rise to a cause· of action: to prevent the demolition of this property. The permit applicant/owner assumes any risks and costs associated with obtaining the pennit(s) for the property listed above. Due to the volume ofinspections, all requestfor inspections must be received at least 24 Mu.rs in advance. BEFORE YOU DIG You must call 1-800"482~ 7 I 71 atleast 3 working days before digging. Have the following information available: * County, City or Township * Location of work -street address * Intersecting streets/roads "' Distance from intersection/direction + Ex1ent of work Front/rear/both si.des * Date of excavati.ori * Start time of excavation *'Type ofwbrk * Caller's name *Contractor -Contact phone number * Co.ntact person -ad9i.tional information Warning advisory re: Pressur~ treated Lumber Based on current data 'from a rturn:her of industry sources, it is highly recommended that all metal fa contact with ACQ treated lumber and other new generation treated lumber (not CCA) be only 304 or 316 stainless steel or ACQ compatible material. This includes all Fasteners, Connectors, Flashings, etc~ NOTICE: If this structure or tenant space is ever associated with the sale, .distribution, processing, storage, or cultivation of Iyledical Marihuana, the issuance or ;ippi"oval ofany buiJduig and/or trade-permit does not in anyway alter any requirements imposed by State of Michigan or City of Lansing laws as they may relate to such activities. City of Lansing Building Safely Office 316 N Capitol Ave .. Suite C-1 Lansing, Ml 48933-1238 (517} 483-4355 Projeict #: -'----'--:-.-'--,....----- LOCATION Addr7RJ5~-· · A / l 6 ~~g~~ JOI r. 'Lo-;t:--;N:oo"-."-"-;__;;;--~'""'~'-1· ''-:s~~--;,,~-1;;:-~~..,..~~..,.-io~!~_,-'.'·1'--'Ct.""": •• -'"'·--""1-_,_!'""1/'-·.._ r-".,..,...-.,---"·L....:..::.i::;;.;f./c:,' 1""·~;::;-·~:-~:...'c--";~:--;, N-.0-."'".(._·'/'-Y,_·_-'~'-/::t...J_·"r:...7:_/_2_. ----11 Applicant ---·~-----'t-;--;-o----:::--::-~-:-:=:=-----:----;------:---+--:=-----:c:--:--:-:--::--::---:-----J . Address i ~'2$" 8" 1''1 r'( h: 'i' i:/'>., de" t· 1 Phone c •. : ,... .::; Yf· 7,f'}. ·.$"71;>(; Property Owner Citv State, Zip L.c ... ,~.{·c~, {\-Jr '/.f'~IJ. S/7--'7(;;.)" -7,:i).J Address I Phone Contractor Architect/Engineer DESCRIBE WORK: City, State, Zip Address City; State, Zip Email- Address City, State, Zip Email - Phone License Number fa;p. [)ate Phone License Number For Residential Property: Number of dwelling units Number of Bedrooms ;-~~~:~:Ji For Commercial Property: Sq~ Footage Firs Suppression System? Yes__ No . ft~: ?~ <>/ • Applicant .has read, understands; a.nd accepts the conditions in PA.RT.I on the ~everse side. f ~-:rt-; :.:·',:.\! • Resld.ent1al con.tractors MUST complete PART II on the reverse side of this form, ! (c.5 ;:;. '.::,.d Section 23a of'lhe State Conslrucllon Code Act <if 1972, 1972 PA230, MCL 125.1.523A;prohlbitsapersorifrom J y( ('...::. -:-.:. :') conspiring to_ circumvent the llce!1siri~ requirements of th.is stale relating to persons ~1h~ are.t~ perform work ; ~~. ~:;,:; "'.:'. .. 1j on a residential bulldlng or a res1denl1al·structuro. Violators of Section 23.i! are sUl?Jcct .to civil fines. jlq ~ . .., :;.;:,·!I .. ·--~--. .:.---~~·--~---·~--~-~ .. ·=·=::~ .. -~-~-~-··· t/.· .-/· ... ) ...... /"'7. ! -· r .. ~~~-~.~~~=-."':'l_,_~~-)1/ .... ·:.<:;:::~~ .. ---I . .,. ;. -· AoollC:aiit Sitmature Q.ate FOR OFFICE USE ONLY o New Building (Com) o Convert . Vaiuation of Work$~ ;[)aU. W . o New Building (SFR) oSiding o I ear Off & Re-roof' o Foundation Only o Addition o Alteration o Repair oTear-out o Garage/Carport o Deck/Porch o Pool o Other------- o Certificate of Occupancy Required. o · Mob[le Home Set-up o lrtvestigatioh Fee o Community Development Program o Residential Rental CONSTRUCTION TYPE _____ USE GROUP---'---- ZONING DISTRICT LAND USE._ . ._. __ _;_;_ __ _ PROJECT IS IN THE FLOOD PLAIN: 0 Yes o No COMMENTS Plan Review Fee $."'-. -'--..,,,...,,...,--,.;..__ ____ _ . • . . (·_ ~;i >/ :~ r . i Building Permit Fee $ ! ; __ ,,.; .. ' ·· (/ Technology Fee $ .10.00 (All Building.Permits) Building Permit$ 2·5.0.0 *"' · - Appiication Electronic Conversi.o.n $ .. TOTAL FEE '$ l/~i( ),,-/.,..1.;-:-'"l(.,,....0 ./:.;-,-. ---- APPROVALS . e fees.apply only to Jlceris.ed contractors for Perrrilt types that can be obtained onllna (~ooflng, Siding And Roofing ;ind Siding) · Building Pe(mit -Page 2 of 2 PARTI Section 23a of the State,C~ns!ruction Code Act.of 1972, Aet No. 230 of the Public Acts of 1972, being .. Section 1~5.1523a_i:>f the Michigan Compiled Laws, prohibits a person from conspiring to.circumvent . th~ ll~ensmg req_uire~ents of this state relating to persons who are to.perform work on a re.sidential . bu1fdmg or a res1dent1al structure. Violators of Section 23a are subject to civil fines. PART II FORRESIDENTIAL CONTRACTOR ONLY: Appli~ant.is respo~sibie for the payment of all fees and charges applicable to this application and must provide the following 1~formation. . Name Phone Address I City j stale I Zip Federal l:D. No. MESC Employer Number or Reason f~r Ex~mptio'n Worker's Comp. Insurance Carrier or Reason for Exemption I hereby certify that the proposed work is ai:Jth.orizeo by the owner of record arid thcit I have been authoiized·by the owner to make this application as his authqrized agent, and we (lgree to conform to all applicable laws of the State of Michigan. All information submitted on this applicatibh is accqrate to the best of my knowledge. Section 23a of the State Construction Code Act of 1972, Act No. 230 of the Public Acts of 1972, being Section 125.1523a of the Michigan Compiled Laws,.prohibits a person from conspiring to pir~urnvent the licensing requirements of this state refating to persons y.iho are to perform work on a residential building ora residential structure. Vioiators of Section 23a are subject to clvil ·fines~ Signature oJ Applicant I Applicallor1 Date· Investigation fee.: Whenever any Work for which a permiUs required by Cod~ has t:>ee~qornmenced without first obtaining said permit, a special investigation shall be mad.e before. a permit may be ts~~ed for such work. An investigation fee, in additioh to the permit fee, shall be collect_ed whether or not a p~rm1t r.s t~en or subsequ~~tly issuec;I. The payment of such investigation fee shall not exempt any person from compliance with all other prov1s1ons of the Code: nor from any penalty prescribed by law. Effective July 1 .• 2016 LastL!Ji.date 09/12/2010 Virg Bemero. Mayor ZOELLER NAT ALIE M 1414 OLD MILL RD Department of Planning and Neighborhood Development 316 N. Capitol· Ave., Suite C-1 -Lwising, Ml 48933-1238 -(517) 483-4355·-Fa.-.:·(517)377-0169 Rohen Johnson; Director www.lansingmi.gov Building Safety Office EAST LANSING, MI 4'8823-2154 EXPffiING PERMIT NOTICE Re: 1825 E MICHIGAN A VE To whom it may concern, Please be advised that our records indicate that the permit that you have secured for the above address has expired. Please call for an inspection or submit a written request to have the permit extended. Permit No. PBl 7-0420 Expiration Date 10/09/2017 Wo:rk Description: An office will be framed within ·the retail area of an existjng store, and the first entry area will be subdivided into two spaces Please contact the inspector checked below to schedule your inspection. Steve Swan s 17-483-4365 ·Jon Snyder 517-483-6837 John Glover 517-483..:4366 Chad Wakley 517-483-4364 Brian Carter 517-483-4369 ~hri~ 1;llackburn 517-483.-4371 Brian Shields 517-483-4577 x · Larry Connelly 517-483-43.63 Dave Burton 517-483-4367 Mike Thompson 517-483-4368 If yo ti feel you have received this notice in error, please contact the inspector above. Thank you. RJfiS.5 Eve1y permit issued sl:ia(l become inv(llid unless the work authorized by such permit is commenc~d within 180 days after }ts issuance, or if the Workiiuthorized by such permit Is suspended or abandone<!for a period of 180 days after the time th,e woi·k is commenced The building official is aut/:zorized to grant, (n writing, one or mor.e· extensions of tinie, for periods not more than. iBO days each. The eitension shall be requested fn writing and justifiable cause demonstrated. AFFIDAVIT OF SIMON ZEINEH STATEOFMICIDGAN ) ) COUNTY OF INGHAM ) I, Simon Zeineh, Affiant herein, swear and affirm as follows: 1. I make this affidavit based on my personal knowledge of the facts and events stated below, and if called to testify, I am competent to testify to these facts and events. 2. I am authorized to lease the property located at 1825 E Michigan A venue, Lansing, Michigan 48912. 3. I have leased the property pursuant to a lease agreement dated December 1, 2016 to TNT Industries, LLC. 4. TNT Industries, LLC does business under the name "Capital Wellness." 5. I authorize the tenant, TNT Industries, LLC to be used as a medical marihuana provisioning center under the Medical Marihuana Facilities and Licensing Act, Public Act 281 of 2016 in a lawful and license 6. I declare that the statements above are true to the best of my information, knowledge, and belief. 6~ Simo~t STATE OF MICHIGAN ) ) § COUNTY OF INGHAM ) On this 14th day of December, 2017, Simon Zeineh, Affiant, personally appeared, known to me (or satisfactorily proven) to be the person whose name is subscribed to within this Affidavit, and being first duly sworn, deposes and says that he has read the foregoing Affidavit subscribed by him, and that the matters stated herein are true to the best of his information, knowledge, and belief. ,_, Lmdsa ontalvo, Notary Public Ingham County My Commission Expires: March 6, 2023 Biehler, Deb From: Swope, Chris Sent: To: Sunday, April 08, 2018 5:49 PM Bruce Rosenthal Cc: Biehler, Deb; Yankowski, Michael; Jackson, Brian; CityAtty; Abood, Joseph; Robert Ficano; Ray Sagmani; Melissa Cupp Subject: Re: Supplement To Appeal per FOIA request-1825 E. Michigan Ave. Capital Wellness Publicly available City an county records (assessor and register of deeds) seem to show Natalie Zoeller as the owner of 1825 E Michigan. Is there any evidence that Simon Zenich is the owner? Thanks Sincerely, 1° =--,=·--·-----·------1 Chris Swope, CMMC/MMC Lansing City Clerk 124 W. Michigan Ave, 9th Floor Lansing, MI 48933-1695 Main: (517) 483-4131 Direct: (517) 483-4130 Fax: (517) 377-0068 chris. swope@lansingmi.gov www.lansingmi.gov/clerk www.facebook.com/LansingClerkSwope Sent from my iPhone CONFIDENTIALITY NOTICE: This email contains information from the sender that may be CONFIDENTIAL, LEGALLY PRIVILEGED, PROPRIETARY or otherwise protected from disclosure. This email is intended for use only by the person or entity to whom it is addressed. If you are not the intended recipient, any use, disclosure, copying, distribution, printing, or any action taken in reliance on the contents of this email, is strictly prohibited. If you received this email in error, please contact the sending party by replying in an email to the sender, delete the email from your computer system and shred any paper copies of the email you printed. On Apr 8, 2018, at 4:03 PM, Bruce Rosenthal <bruce.rosenthal@att.net> wrote: Dear Mr. Swope, Attached please find our Supplement To Appeal and Request for Hearing on 1825 E. Michigan Ave, pursuant to our FOIA request and response from the Lansing City Attorneys Office. Please include this with our Appeal package. Thank you for your attention to this matter. 1 Very truly yours, Bruce F Rosenthal, Esq. Bruce Rosenthal, PLLC 4301 Orchard Lake Road Suite 180, PMB 116 West Bloomfield, Ml 48323 Office Phone: 248-430-0804 Office Fax: 248-432-7644 Cell Phone: 248-464-9803 E-mail: bruce.rosenthal@att.net <Supplement to Appeal-Capital Wellness.pdf> 2 WARRANTY DEED The Granter, Natalie M. Zoeller Trust, whose address is 1350 East Lake Lansing Road, East Lansing, Michigan 48823, conveys and warrants to Zinco, Inc., a Michigan corporation, whose address is 2800 E. Grand River Avenue, Suite B, Lansing, Michigan 48912, the following described premises (the "Premises") situated in the City of Lansing, County of Ingham, and State of Michigan: The Northwest corner of East Michigan Avenue and Horton Street, being sixty-nine and one-half (69%) feet on East Michigan Avenue and one hundred five (105) feet on Horton Street, more particularly described as follows Commencing at a point fourteen (14) rods and eight and one~half {8%) feet West of the Southeast corner of the northeast % of Section 15, T4N, R2W; thence North thirteen (13) rods; thence West sixty-nine and one-half (69Yi) feet; thence South thirteen (13) rods; thence East sixty-nine and one-half (69 1/2) feet tc» the point of beginning, exceptthe North one hundred nine and one-half (109%) feet thereof; more commonly known as 1825 East Michigan Avenue, Lansing, Michigan 48912; for the sum of ONE HUNDRED FIFTEEN THOUSAND and N0/100 DOLLARS ($115,000.00). ·--------- Dated this 31st day of March 2017. SIGNED: NATALIE M. ZOELL 1~' .····;r-1 Ann M. Smith Trustee STATE OF MICHIGAN ) ) SS COUNTY OF INGHAM ) The foregoing instrument was acknowledged before me this 31 51 day of March 2017, by Ann M. Smith, Trustee of Natalie M. Zoeller Trust. SEND SUBSEQUENT TAX BILLS TO: Edwar Zeineh 1825 E Michigan Avenue LLC 2800 E. Grand River Avenue, Suite B Lansing, Michigan 48912 THIS DOCUMENT DRAFTED BY: Joseph P. Maguire Wolverine Development Corporation As Agent of Grantor 1350 East Lake Lansing Road East Lansing, Michigan 48823 AFTER RECORDING RETURN TO: Edwar Zeineh Zinco, Inc. 2800 E. Grand River Avenue, Suite B Lansing, Michigan 48912 ,..----...__ ~, -17n ;£¥ ' )-.. r): _ ..... ...__ vll1. J ;t ./1 J\l(E. Qaly ·· Ndtarf Public, Shiawa ·see County, Michigan Acting in Ingham County, Michigan My Commission Expires: July 12, 201-?o:~Z) JILL E.DALY 'NOTARY PUBLIC, STATE O~ Ml COUNTY OF SHIAWASSEE rlif COMMISSION EXPl~S Jot 12, 2023 ACTING IN COUNW OF c.:<:1123-~)~-'WI..- ---------··-·· Biehler, Deb From: Sent: To: Cc: Subject: Attachments: Bruce Rosenthal < bruce.rosenthal@att.net> Sunday, March 18, 2018 10:29 AM Swope, Chris Biehler, Deb; Jackson, Brian; Yankowski, Michael; CityAtty; Abood, Joseph; Robert Ficano; Ray Sagmani 1825 E. Michigan Ave., Lansing, MI 48912 Notice of Appeal-Request for Hearing.pdf; Freedom of Information Act (FOIA- Request).pdf; E-mail Request for Documents from City.pdf; FOIA-Acknowledgement.pdf Re: TNT Industries, LLC-Raman Sagmani 1825 E. Michigan Ave., Lansing, MI 48912 Dear Mr. Swope, As you are aware Mr. Robert A. Ficano and I represent TNT Industries, LLC, Raman Sagmani and Capital Wellness in regards to their application to operate a Medical Marihuana Provisioning Center in the City of Lansing at 1825 E. Michigan Ave., Lansing, MI 48912. It has come to our attention that our appeal of the denial of licensure has been received by your office and that all information or exhibits to be considered must be received by your office by March 23, 2018. We currently have pending with the City of Lansing a Freedom oflnformation Act ("FOIA") Request Number 18-309. A copy of the FOIA Request and the acknowledgment by the City Attorney's office is attached hereto. The requested documents many not be available until March 28, 2018 and we need time to copy and review said requested documents making the proposed date of March 23, 2018 impossible to meet. We further object to the proposed denial and request to cease operations as all the information needed by our clients and the City of Lansing have not been provided and reviewed as of this date. Thank you for your attention to this matter. If you have any questions or comments please feel free to contact me via e-mail or cell phone at 248-464-9803. Respectfully submitted, Bruce F. Rosenthal, Esq. Bruce Rosenthal, PLLC 4301 Orchard Lake Road Suite 180, PMB 116 West Bloomfield, Ml 48323 Office Phone: 248-430-0804 Office Fax: 248-432-7644 Cell Phone: 248-464-9803 E-mail: bruce.rosenthal@att.net 1 BRUCE F. ROSENTHAL, ESQ. ROBERT A. FICANO, ESQ. March 5, 2018 Mr. Chris Swope Lansing City Clerk Lansing City Clerk's Office Ninth Floor, City Hall 124 W. Michigan Ave. Lansing, MI 48933-1695 City.clerk@lansingmi.gov ATTORNEYS AT LAW 4301 ORCHARD LAKE ROAD SUITE 180, PMB 116 WEST BLOOMFIELD, MI 48323 (248) 464-9803 PHONE (248) 430-0805 FAX Email: bruce.rosenthal@att.net Re: Appeal 1825 E. Michigan Ave. Certificate of Occupancy as a Retail Group M use. NOTICE OF APPEAL REQUEST FOR HEARING Now comes TNT Industries LLC c/o Raman Sagmani, by and through its attorneys Robert A. Ficano and Bmce F. Rosenthal and for their appeal and request for Hearing state as follows; I. On February 21, 2018, the Lansing City Clerk's Office issued a letter to TNT Industries LLC located at 1825 E. Michigan Ave, denying its application to operate a Medical Marihuana Provisioning Center in the City of Lansing at 1825 E. Michigan Ave. (a copy of which is attached hereto as Exhibit "A"). 2. On February 22, 2018 Bruce F. Rosenthal issued our initial response to the above described denial. Mr. Sagmani and his architect had been working with the City of Lansing Department of Planning and Neighborhood Development Building and Safety Office specifically Mr. James Bennett. We submitted revised project information to PZE on our Commercial Plan Review as recently as February 20, 2018. (a copy ?fthe letter is attached hereto as Exhibit "B"). 3. A copy of the Revised Project Information as provided to the Department of Planning by our architect Ms. Liz Harrow is attached hereto as Exhibit "C". All fees and requirements have been fulfilled by TNT Industries LLC. 1 4. On February 28, 2018 Mr. Ficano and Mr. Rosenthal traveled to the City of Lansing ·Department of Planning to meet with Mr. James Bennett to discuss the submitted plans in compliance with the requested Certificate of Occupancy. Mr. Bennett was unable to meet with us and it was suggested that we meet with Mr. Jonathon Snyder Chief Plan Review Analyst, we asked for Mr. Snyder and he was not available so we left our business cards and asked Mr. Snyder to contact us. We have attempted to contact Mr. Snyder several times but to no avail. On March 2, 2018 Mr. Ficano sent an e-mail to Mr. Snyder about the issues at hand (Please see e-mail dated March 2, 2018 attached hereto as Exhibit "D"). As of the date of this Appeal no response from the Department of Planning has taken place. 5. Upon information and belief the facility in question located at 1825 E. Michigan Ave. had the required Certificate of Occupancy via the previous owner. We are seeking through the Department of Planning all records of prior certificates, requests and building permits issued and inspected. 6) Upon information and belief in calendar year 2017, TNT Industries LLC through their contractor drew, fulfilled and completed permits for construction of the property. Normal course of conduct would provide that if a Certificate of Occupancy was not present then the building permits could not be issued and completed. This is one of the reasons we contacted the Department of Planning to obtain the history on this address. 7) We have sought compliance with all areas of our Medical Marihuana Provisioning Center Application with both the City of Lansing and State of Michigan and to date have provided all requested information. 8) We believe it would be highly prejudicial to deny TNT Industries LLC application with the City of Lansing without a complete review of all records and a Hearing to determine the issues of compliance. We respectfully request a Hearing on this matter and to be provided with all documentation at the City of Lansing seeking compliance with or affirmation of the existence of an appropriate Certificate of Occupancy as requested in Mr. Swope's letter of February 21, 2018. Thank you for your attention to these matters. cc: .M. Y ank.owski J. Smietka M. Cupp-RWC R.Sagmani L. Harrow Very truly yours, Bruce F. Rosenthal, Esq Robert A. Ficano, Esq. 2 City of Lansing OFFICE OF THE CITY ATTORNEY James D. Smiertka, City Attorney Bruce F. Rosenthal bruce.rosenthal@att.net March 14, 2018 RE: Freedom of Information Act ("FOIA") Request # 18-309-1825 E. Michigan Ave Dear Mr. Rosenthal, Sent Via Email The City has received your request for public records under the Michigan Freedom of Information Act (FOIA). Jn order to determine whether the City possesses records responsive to your request, we are extending the time for responding to your request by ten (10) business days, as pennitted under MCL 15.235, Section 5(2)(d). Therefore, a written response will be issued on or before March 2g•h, 2018. If you have any questions concerning this matter, please feel free to contact our office at the address or phone number below, and enclose a copy of this correspondence. Please be advised that the City has adopted Procedures and Guidelines and a Written Public Summary, both of which are available on the City's website at htfus://www.lansingmi.gov/DocumentCenter/Home/View/618. https://www.lansingmi.gov/DocumentCenter/HomeNiew/415 Sincerely, Amanda O'Boyle Office of the City Attorney AKO Fifth Floor, City Hall • Lansing, Michigan 48933 • (517) 483-4320 • Fax (517) 483-4-081 • dtyatty@Jansingmi.gov Subject: FOIA 18-309 From: O'Boyle, Amanda (Amanda.O'Boyle@fansingmi.gov) To: bruce.rosenthal@att.net; Date: Wednesday, March 14, 2018 5:22 PM Dear Mr. Rosenthal, Please find attached an extension letter relative to your FOIA request, 18-309. Amanda O'Boyle Assistant City Attorney City of Lansing -Office of the City Attorney 124 W. Michigan Ave. I Lansing, MI 48933 0: 517-483-4320 E: Amanda.O'Boyle@lansingmi.gov Website I Facebook I Twitter I Instagram Andy Schor, Mayor Attachments • Extension Letter.pdf (334.87KB) • imageOOI.png (9.68KB) / // ' . . /' ,/' / ,/ / Subject: RE: 1825 E. Michigan Ave. ,. From: Snyder, Jon (Jon.Snyder@lansingmLgov} To: bruce.rosenthal@att.net; Cc: City.Clerk@l~nsingmi.gov; robertficano@aol.com; Amanda.O'Boyle@lansingmi.gov; Date: Wednesday, March 7, 2018 3:18 PM Mr. Rosenthal, It is understood by the City of Lansing Building Safety Office that in order for us to puJI a building permit file for review or for copies, a FOIA request needs to be asked in writing from our City Attorney's Office. A file can be pulled for review or digital copies can be made of the file. Please contact Amanda O'Boyle at: 517-483-4320. Respectfully, Jonathon Snyder Chief Plan Review Analyst Department of Economic Development and Planning -Building Safety Office 3ItSN. Capitol Ave. Suite C-1 Lansing, MI 48933-1238 0: 517-483-68371 E: Jon.Snyder@LansingMi.gov Website I Facebook I Twitter J Instagram BRUCE F. ROSENTHAL, ESQ. ROBERT A. FICANO, ESQ. ATTORNEYS AT LAW 4301 ORCHARD LAKE ROAD SUITE 180, PMB 116 WEST BLOOMFIELD, MI 48323 (248) 464-9803 PHONE (248) 430-0805 FAX Email: bruce.rosenthal@att.net RECEIVED MAR 08 zam FREEDOM OF INFORMATION ACT (FOIA-REQUEST) March 8, 2013 FOIA Coordinator Ms. Amanda O'Boyle Assistant City Attorney 124 W. Michigan Ave. Fifth Floor Lansing, MI 48933 FOIA.Request@Lansingmi.gov Fax No. 517-483-4018 Re: 1825 E. Michigan Ave. Lansing, MI 48912 Dear Ms. O'Boyle, Please be advised that Robert A. Ficano and I represent TNT Industries, LLC and Mr. Raman '·Sagmani with respect to their leasehold interest at 1825 E. Michigan Ave., Lansing, MI 48912. It was suggested by Mr. Jonathon Snyder from the Department of Economic Development and Planning- Building and Safety Office that his FOIA request be directed to you at the Lansing City Attorneys Office. I have attached Mr. Snyder's e-mail referring this request to your office. Under the Michigan Freedom oflnformation Act we are requesting an opportunity to obtain copies of aIJ records from the City of Lansing Department of Economic Development and Planning- Building Sdfety Office for any and all correspondence as they relate to 1825 East Michigan Ave., Lansing, MI 48912 from the time period of January 1, 2017 to today's date. This request includes all applications, permits and notifications in the city's files, including but not limited to Permit Number PB 17-0420 and any permit notice letters issued in this matter. . Pledse notify me of any costs or fees associated with this FOIA request and they will be paid. In addition :if there is a denial of any part of this FOIA request please notify my office, or my cell phone at 248-464-9803 or e-mail at bruce.rosenthal@att.net Thapk you for your attention to this matter and your anticipated cooperation is greatly appreciated. ' / / j 1· cc: Robert A. Ficano, Esq. Mr. Raman Sagmani . Very truly yours, Bruce F. Rosenthal, Esq. Biehler, Deb From: Scott, Tracy Sent: To: Wednesday, March 07, 2018 4:06 PM Biehler, Deb Subject: FW: 1825 E. Michigan Ave. From: Snyder, Jon Sent: Wednesday, March 07, 2018 3:18 PM To: 'Bruce Rosenthal' Cc: Clerk, City; Robert Ficano; O'Boyle, Amanda Subject: RE: 1825 E. Mlchigan Ave. Mr. Rosenthal, It is understood by the City of Lansing Building Safety Office that in order for us to pull a building permit file for review or for copies, a FOIA request needs to be asked in writing from our City Attorney's Office. A file can be pulled for review or digital copies can be made of the file. Please contact Amanda O'Boyle at: 517-483-4320. Respectfully, Jonathon Snyder Chief Plan Review Analyst Department of Economic Development and Planning -Building Safety Office 316 N. Capitol Ave. Suite C-1 Lansing, Ml 48933-1238 0: 517-483-6837 I E: Jon.Snyder@LansingMi.gov Website I Facebook I Twitter I lnstagram •,~_SIN, G ~ 'c1-11Gh Andy Scnor, Mayor Commercial Plan Review Web Page https://www.lansingmi.gov/286/Commercial-Plan-Review CONFLDENTIALITY NOTICE: This email contains information from the sender that may be CONFLDENTIAL, LEGALLY PRfVlLEGED, PROPRIETARY or otherwise protected from disclosure. This email is intended for use only by the person or entity to whom it is addressed. If you are not the intended recipient, any use, disclosure, copying, distribution, printing, or any action taken in reliance on the contents of this email, is strictly prohibited. If you received this email in eITor, please contact the sending party by replying in an email to the sender, delete the email from your computer system and shred any paper copies of the email you printed. From: Bruce Rosenthal [mailto:bruce.rosenthal@att.net] Sent: Wednesday, March 07, 2018 8:47 AM To: Snyder, Jon 1 Cc: Clerk, City; Robert Ficano Subject: 1825 E. Michigan Ave. Dear Mr. Snyder, As your are aware Mr. Ficano and I represent TNT Industries LLC and Raman Sagmani. Permit Number PB17-0420 was applied for and issued on April 12, 2017. The applicant on said permit was Ray Sagmani at 1825 E. Michigan Ave., Lansing, Ml 48912 (a copy of which is attached hereto as Exhibit "A"). Mr. Sagmani by and through his architect Ms. Liz Harrow submitted updated drawings and plans to be compliant with the Lansing City Code and 2012 Michigan Building Code. Mr. Sagmani was not given notification of the expiring permit and never received the expiring permit notice letter that you reference in your March 5, 2018 email to Mr. Ficano. It is our position that as the applicant and the person who paid the project fees for Permit Number PB17-0420, Mr. Sagmani at 1825 Michigan Ave. should have received the December 20, 2017 Notice. We would respectfully request a review of your entire file on this matter in order to complete our response to the issues at hand. Please let us know when this information will be available. TNT Industries LLC and Mr. Raman Sagmani have been and continue to seek full compliance with all Building Codes. Thank you for your attention to his matter. Very truly yours, Bruce F. Rosenthal Bruce Rosenthal, PLLC 4301 Orchard Lake Road Suite 180, PMB 116 West Bloomfield, Ml 48323 Office Phone: 248-430-0804 Office Fax: 248-432-7644 Cell Phone: 248-464-9803 E-mail: bruce.rosenthal@att.net · 2 Subject: 1825 E. Michigan Ave. From: Bruce Rosenthal (bruce.rosenthal@att.net) To: Jon.Snyder@lansingmi.gov; Cc: city.cferk@lansingmi.gov; robertficano@aol.com: Date: Wednesday, March 7, 2018 8:47 AM Dear Mr. Snyder, As your are aware Mr. Ficano and I represent TNT Industries LLC and Raman Sagmani. Permit Number PB17-0420 was applied for and issued on April 12, 2017. The applicant on said permit was Ray Sagmani at 1825 E. Michigan Ave., Lansing, Ml 48912 (a copy of which is attached hereto as Exhibit "A"). Mr. Sagmani by and through his architect Ms. Liz Harrow submitted updated drawings and plans to be compliant with the Lansing City Code and 2012 Michigan Building Code. Mr. Sagmani was not given notification of the expiring permit and never received the expiring permit notice letter that you reference in your March 5, 2018 email to Mr. Ficano. It is our position that as the applicant and the person who paid the project fees for Permit Number PB17-0420, Mr. Sagmani at 1825 Michigan Ave. should have received the December 20, 2017 Notice. We would respectfully request a review of your entire file on this matter in order to complete our response to the issues at hand. Please let us know when this information will be available. TNT Industries LLC and Mr. Raman Sagmani have been and continue to seek full compliance with all Building Codes. Thank you for your attention to his matter. Very truly yours, Bruce F. Rosenthal Bruce Rosenthal, PLLC 4301 Orchard Lake Road Suite 180, PMB 116 West Bloomfield, Ml 48323 Office Phone: 248-430-0804 Office Fax: 248-432-7644 Cell Phone: 248-464-9803 E-m~il: bruce.rosenthal@att.net Attachments • Exhibit A.pdf (849.85KB) Biehler, Deb From: Sent: To: Cc: Subject: Dear Mr. Swope, Bruce Rosenthal < bruce.rosenthal@att.net> Wednesday, March 21, 2018 4:00 PM Swope, Chris Biehler, Deb; Yankowski, Michael; Jackson, Brian; CityAtty; Abood, Joseph; Robert Ficano Re: Extension of time to file Appellate materials for TNT Industries LLC,. Raman Sagmani-Capital Wellness-1825 E. Michigan Ave. Lansing, MI 48912 The Notice of Appeal was filed on March 5, 2018, and the attached documents and exhibits were filed with your office on March 18, 2018. Very truly yours, Bruce F Rosenthal Bruce Rosenthal, PLLC 4301 Orchard Lake Road Suite 180, PMB 116 West Bloomfield, Ml 48323 Office Phone: 248-430-0804 Office Fax: 248-432-7644 Cell Phone: 248-464-9803 E-mail: bruce.rosenthal@att.net On Wednesday, March 21, 2018 1:29 PM, "Swope, Chris" <Chris.Swope@lansinqmi.gov> wrote: Dear Mr. Rosenthal: Your appeal will be accepted only if submitted by the original deadline given. We will give you the opportunity to add materials from the FOIA if the appeal is filed timely. Sincerely, Chris Swope, CMMC/MMC Lansing City Clerk 124 W. Michigan Ave, 9th Floor Lansing, Ml 48933-1695 Main: (517) 483-4131 Direct: (517) 483-4130 Fax: (517) 377-0068 chris.swope@lansingmi.gov www.lansingmi.gov/clerk www.facebook.com/LansingClerkSwope Sent from my iPhone CONFIDENTIALITY NOTICE: This email.contains information from the sender that may be CONFIDENTIAL, LEGALLY PRIVILEGED, PROPRIETARY or otherwise protected from disclosure. This email is intended for use only by the person or entity to whom it is addressed. If you are not the 1 int-ended recipient, any use, disclosure, copying, distribution, printing, or any action taken in reliance on the contents of this email, is strictly prohibited. If you received this email in error, please contact the sending party by replying in an email to the sender, delete the email from your computer system and shred any paper copies of the email you printed. On Mar 21, 2018, at 11 : 11 AM, Bruce Rosenthal <bruce.rosenthal@att.net> wrote: Dear Mr. Swope, Please let this email serve as confirmation of my email sent on March 29, 2018 at 10:29 am and the attachments thereto which I have attached to this email to an extension of the 14 day Appeal period for the stated reasons. We are awaiting the responses to our Freedom Of Information Requests (FOIA) from the City of Lansing to complete our Appeal package. If you have any questions please feel free to contact me via email or cell phone at 248-464-9803. Thank you for your attention to this matter. Very truly yours, Bruce F Rosenthal, Esq. Bruce Rosenthal, PLLC 4301 Orchard Lake Road Suite 180, PMB 116 West Bloomfield, Ml 48323 Office Phone: 248-430-0804 Office Fax: 248-432-7644 Cell Phone: 248-464-9803 E-mail: bruce. rosenthal@att.net <E-mail to Clerk.pdf> <Notice of Appeal.pdf> 2 Biehler, Deb From: Sent: To: Cc: Subject: Dear Mr. Swope, Bruce Rosenthal <bruce.rosenthal@att.net> Tuesday, April 10, 2018 7:22 AM Swope, Chris Biehler, Deb; Yankowski, Michael; Jackson, Brian; CityAtty; Abood, Joseph; Robert Ficano; Ray Sagmani; Melissa Cupp 1825 E. Michigan Ave.-Capital Wellness Appeal In response to your email of April 8, 2018, our appeal is partially based upon failure to receive notice of the City's Expiring Permit Notice sent to Natalie Zoeller at 1414 Old Mild Rd., East Lansing, Ml 48823. My client has no contact with Ms. Zoeller and did not receive notification from her. On our Building Permit Application we list Ray Sagmani as applicant located at 1825 E. Michigan Ave., Lansing, Ml 48912 which is the property address in question, and Simon Zeineh as property owner. Upon information and belief Simon Zeineh is the Landlord, Property Manager and deed holder. This is evidenced in our Commercial Lease Agreement for 1825 E. Michigan Ave., Lansing, Ml 48912 which was made part of our application to the City of Lansing. Thank you for your attention to this matter. Very truly yours, Bruce Rosenthal Bruce Rosenthal, PLLC 4301 Orchard Lake Road Suite 180, PMB 116 West Bloomfield, Ml 48323 Office Phone: 248-430-0804 Office Fax: 248-432-7644 Cell Phone: 248-464-9803 E-mail: bruce. rosenthal@att.net 1 4/9/2018 Parcel Number-33-01-01-15-280-121 I City of Lansing I AccessMyGov 1825 E MICHIGAN AVE LANSING, Ml 48912 (Property Address) Parcel Number: 33-01-01-15-280-121 Item 1 of 8 6 Images I 2 Sketches Property Owner: ZOELLER NATALIE M Summary Information > Commercial/Industrial Building Summary Yr Bllilt: 1933 -~ of Buildings: 1 -Total Sq.Ft.: U BS > Property Tax information found > Assessed Value: $48,300 I Taxable Value: $41,168 > 7 Building Department records found ·------------------------------------------·-----------J Owner and Taxpayer Information ] ~-------------------------------------- Owner ZOELLER NATALIE M 2001 BAY HILL CT ANN ARBOR, Ml 48108 Taxpayer SEE OWNER INFORMATION Gene1·a1 Information for Tax Year 2018 ]'------------------------------------ Property Class COMMERCIAL School District LANSING MAP# AP-0035 -0001 TOP TEN Not Available NEW PERMITS Not Available USERALPHA3 Not Available Historical District Not Available TYPE CODE Not Available Principal Residence Exemption Information Homestead Date 12/30/1997 Unit Assessed Value Taxable Value State Equalized Value Date of Last Name Change Notes Census Block Group Exemption 33 CITY OF LANSING -INGHAM $48,300 $41,168 $48,300 12/13/2017 Not Available Not Available Na Data to Display r---------------------------r-------------r ~:~l:lp~~eSldence Exe mp~~~-.------------____ _ [ _______________ ~~~~: ------------------~~1 [!~12 ______________ ·--_________________________ -·· __________________ o.o~~~--------------------~~~o~~-')G__j Previous Year Information Year 'l' MBOR Assessed L Final SEV I Final Taxable ----·---~··----·-·-··------- ----··------·-------------------- - --··---··-------------------··----·-- 2017 $48,100 $48,100 $40,322 2016 2015 Land Information Zoning Code Land Value Renaissance Zone ECF Neighborhood Lot Dimensions/Comments Not Available $29,074 No R215-E MICHIGAN AVE-RETAIL 69.5 x 105 $45,800 $45,200 Total Acres Land Improvements Renaissance Zone Expiration Date Mortgage Code Neighborhood Enterprise Zone I 0.168 $593 $45,800 $45,200 No Data to Display No Data to Display No $39,963 $39,844 .. L~t(_s~----·---·--.L..···---·--------·--·----- ------· -·---_F~ntag:_J________________________________ ·---~~~- Lot 1 69.50 ft 105.00 ft Total Frontage: 69.50 ft Average Depth: 105.00 ft Legal Description S 105 FT LOT 1 ASSESSORS PLAT NO 35 Sale History ] __________________________________________ _ https://accessmygov.com/SiteSearch/SiteSearchDetails?SearchFocus=All+Records&SearchCategory=Address&SearchText=1825+e+michigan&uid=384&Pageln1 TNT 1825 E Michigan Ave. No Certificate of Occupancy On 3/4/2014 a building permit [attached] was issued to change the use group of the existing building to a group Muse group. Only one inspection was called for and was partially approved. However, no further inspections were requested and the permit expired. On 1/30/2017 an application for plan review was received for an alteration and to get the appropriate Certificate of Occupancy. On 4/12/2017 building permit PB 17-0420 was issued. No inspections were ever requested and the permit expired. i.. .. IB2J Sent Email ~--·!2] PB17-0420 ExPIRED Other i i····· l!iJ Attachments ' ' . ., . j ..... ,!~ Owner: ZOELLER NATALIE M i·····r..8 Applicant: RAY SAGMANI i·· .. ~ Transactions: $100.00 Due: $0.00 : ..... ti? Prerequisites {O) [ .... 3 Building Info (Value: $.2,000) L .. @ Miscellaneous ] ..... f"I PPrmit FIPrtrir;il The owners/occupants have had two permits to change the use group and have failed to do so. Therefore, a valid Certificate of Occupancy for a group M does not exist. Page 1of2 'l The owners/occupants have knowingly operated the business without a valid Certificate of Occupancy in violation of section 111. l of the Michigan Building Code [attached] and Public Act 230 of 1972. This was the basis for the denial of their application for a dispensary. Page 2 of 2 Andy Sdior', Mayor Applicant: Toni Tripp PO Box 507 Fowlerville MI 48836 Building Safety Office Economic Development & Planning 316 North Capital Ave Suite C-1 Lansing, Michigan 48933-1238 (517) 483-4355 Building Type Status: EXPIRED Permit Number: PB14-0129 Applied: 03/04/2014 Issued: 03/04/2014 Expires: 09/0112014 Finaled: THE BUILDING PERMIT OR COPY SHALL BE KEPT ON THE SITE OF THE WORK UNTIL COMPLETION OF THE PROJECT LOCATION OWNER CONTRACTOR 0 1825 E MICHIGAN A VE ZOELLER NATALIE M 33-01-01-15-280-121 1414 OLD MILL RD Zoning District: A EAST LANSING MI 48823-2154 Phone: Phone: (517) 8031052 Fax: Fax: Inspector: Doug Halstead (517) 483 4364 dhalstea@lansingmi.gov Work Description: Change of Use A2 to Mand Partion Wall Stipulations: Primary Constructions Type: SB Primary Use Group: M Permit Item Com $1-$2,000 Technology Fee Primary Zoning District: A Project: JCCG 14-0002 Work Type Standard Item Commercial Standard Item Fee Basis 1.00 1.00 Fee Total: Amount Paid: Balance Due: Item Total $70.00 $5.00 $75.00 $75.00 $0.00 CONDITIONS UNDER WHICH BUILDING PERMIT ISSUED ' Tl1is pennit is issued upon the express conditions that the person, finn, or corporation named on this permit is responsible for all work authorized by this permit to its completion and that such work shall conform in all respects to the statements certified to in the application for this permit and that all work shall be done in accordance with the provisions of the statutes of the State of Michigan and the ordinances and codes of the City of Lansing pertaining to the erection of buildings. This permit may be revoked at any time upon violation of said statutes, ordinances or codes. Also, a permit shall be deemed null and void if work is not commenced within (6) months of the date permit is issued. Approved plans and specifications shall remain on the construction site for all inspections. Any deviation from the approved plans shall require approval as in the original examination and approval process. Any person who owns, controls, or is in possession of a construction site or building under construction shall "maintain the construction site, building under construction, and adjacent area free of litter, garbage, debris and waste material" and "maintain the street, road, or highways adjacent to, or abutting the construction site free of dust, sand, mud, dirt, litter, garbage, debris, or waste material and sweep such areas at least once per week. CERTIFICATE OF OCCUPANCY: Where a certificate of Occupancy is required, such building shall not be occupied until final inspection has been made and certificate issued, as per Section 110 of the Michigan Building Code. SIDEWALKS: installation of sidewalks is the responsibility of the property owner. Contact the Public Service Department for specific requirements. WARNING: Check deed restrictions and subdivision restrictions before starting construction. ADDITIONAL SPECIAL NOTE FOR COMMERCIAL/INDUSTRIAL PROJECTS: construction and development signage for new projects shall be subject to the issuance of the building permit and comply with the City of Lansing sign ordinance. NOTICE: if this structure is in, or becomes submitted into the city's make safe or demolish process, issuance of any building and/or trade permit(s) does not in any way alter the demolition schedule or give rise to a cause of action to prevent the demolition of this property. The permit applicant/owner assumes any risks and costs associated with obtaining the permit(s) for the property listed above. Due to the volume of inspections, all request for inspections must be received at least 24 hours in advance. BEFORE YOU DIG You must call 1-800-482-7171 at least 3 working days before digging. Have the following information available: * County, City or Township *Location of work -street address * Intersecting streets/roads * Distance from intersection/direction * Extent of work Front/rear/both sides *Date of excavation *Start time of excavation *Type of work * Caller's name * Contractor -Contact phone number * Contact person -additional information Warning advisory re: Pressure Treated Lumber Based on current data from a number of industry sources, it is highly recommended that all metal in contact with ACQ treated lumber and other new generation treated lumber (not CCA) be only 304 or 316 stainless steel or ACQ compatible material. This includes all Fasteners, Connectors, Flashings, etc. NOTICE: If this structure or tenant space is ever associated with the sale, distribution, processing, storage, or cultivation of Medical Marihuana, the issuance or approval of any building and/or trade permit does not in any way alter any requirements imposed by State of Michigan or City of Lansing laws as they may relate to such activities. t-1 ;, r.r . f1 1 }. j , . ,, :. SCOPE AND ADMINISTRATION is ready mixed in accordance with ASTM C 94, the con- crete need not be on the job. [A] 110.3.2 Concrete slab and under-floor inspection. Concrete slab and under-floor inspections shall be made after in-slab or under-floor reinforcing steel and building service equipment, conduit, piping accessories and other ancillary equipment items are in place, but before any con- crete is placed or floor sheathing installed, including the subfloor. [A) 110.3.3 Lowest floor elevation. In flood hazard areas, upon placement of the lowest floor, including the base- ment, and prior to further vertical con·struction, the eleva- tion certification required in Section 1612.5 shall be submitted to the building official. [A) 110.3.4 Frame inspection. Framing inspections shall be made after the roof deek or sheathing, all framing, fire- blocking and bracing are in place and pipes, chimneys and vents to be concealed are complete and the rough electrical, plumbing, heating wires, pipes and ducts are approved. [A] 110.3.5 Lath and gypsum board inspection. Lath and gypsum board inspections shall be made after lathing and gypsum board, interior and exterior, is in place, but before any plastering is applied or gypsum board joints and fasteners are taped and finished. Exception: Gypsum board that is not part of a fire- resistance-rated assembly or a shear assembly. [A) 110.3.6 Fire-and smoke-resistant penetrations. Protection of joints and penetrations in fire-resistance- rated assemblies, snwke barriers and smoke partitions shall not be concealed from view until inspected and approved. [A] 110.3.7 Energy efficiency inspections. Inspections shall be made to determine compliance with Chapter 13 and shall include, but not be limited to, inspections for: envelope insulation R-and U-values, fenestration u~value, duct system R-value, and HVAC and water-heating equip- ment efficiency. (A] 110.3.8 Other inspections. In addition to the inspec- tions specified in Sections 110.3.1 through 110.3.7, the building official is authorized to make or require other inspections of any construction work to asce1tain compli- ance with the provisions of this code and other laws that are enforced by the department of building safety. [A] 110.3.9 Special inspections. For special inspections, see Chapter 17. [A] 110.3.10 Final inspection. The final inspection shall be made after all work required by the building permit is completed. (A] 110.3.10.1 Flood hazard documentation. If located in a flood hazard area, documentation of the elevation of the lowest floor as required in Section 1612.5 shall be submitted to the building official prior to the final inspection. [A] 1~0.4 Inspection agencies. The building official is authonzed to accept reports of approved inspection agencies, 8 provided such agencies satisfy the requirements as to qualifi- cations and reliability. [A] 110.5 Inspection requests. It shall be the duty of the holder of the building permit or their duly autho1ized agent to notify the building official when work is ready for inspection. It shall be the duty of the permit hoider to provide access to and means for inspections of such work that are required by this code. [A] 110.6 Approval required. Work shall not be done beyond. the point indicated in each successive inspection without first obtaining the approval of the building official. The building official, upon notification, shall make the requested inspections and shall either indicate the portion of the construction that is satisfactory as completed, or notify the permit holder or his or her agent wherein the same fails to comply with this code. Any portions that do not comply shall be corrected and such portion shall not be covered or con- cealed until authorized by the building official. SECTION 111 CERTIFICATE OF OCCUPANCY 111.1 Use and occupancy. A building or structure i;hall not be used or occupied, and a change in the existing occupancy classification of a building or structure or portion thereof shall not be made until a certificate of occupancy has been issued in accordance with the act. Exception: Certificates of occupancy are not required for work exempt from permits under section 105,2, R 408.30412 111.2 Certificate issued. After the building official inspects the building or structure an4 finds no violations of the provi- sions of this code or other laws that are enforced by the depaitment and all permit and plan review fees a.re paid, the building official shall issue a certificate of occupancy that contains all of the following: (a) The building pe1mit number. (b) The address of the strncture. (c) A description of that portion of the structure for which the certificate is issued. ( d) A statement that the described portion of the structure has been inspected for compliance with the require- ments of this code for th~ occupancy and division of occupancy and the use for which the proposed occu- pancy is classified. (e) The name and signature of the building official or des- ignee, registered in accordance with the building offi- cials and inspectors registration act, 1986 PA 54, MCL 338.230 I to 338.2313. (f) The edition of the code under which the permit was issued. (g) The use and occupancy, in accordance with the provi- sions of chapter 3. (h) The type of construction as defined in chapter 6. (i) The design occupant load. 2012 MICHIGAN BUILDING cooE April 19, 2018 TNT Industries LLC c/o Raman H Sagmani 4315 Willow Creek Dr Troy, Michigan 48085 Dear Applicant, Chris Swope Lansing City Cit=-~' I have reviewed the report and recommenda, appeal of the denial of your application to Provisioning Center in the City of Lansing at 1 t determined your appeal is denied. You have the right to appeal this denial of licensui Commission within thirty (30) days of the date of l statement to the Commission with the City Clerk's ~ review of an appeal shall not be de nova. The Cammi or modify, a decision or finding of the Clerk if it finds SL. be arbitrary or capricious and not supported by mm competent facts on the whole record considered by tt such decision or finding. Chapter 1300 provides that should the applicant not rece half the application fee shall be returned. This refund will be f appeals are exhausted. If you have begun business operations pursuant to State Eme1 and Executive Order 2017-02, you must cease operations. O~ Lansing City Clerk's Office Ninth Floor, City Hall, 124 W. Michigan Ave., Lansing, Ml 48933-1695 517-483-4131 517-377-0068 FAX www.lansingmi.gov/clerk city. clerk@lansingmi.gov 'j. resume only if your appeal is granted and the requirements of the temporary operation are satisfied. Sincerely, ~~ Chris Swope, MMC Lansing City Clerk cc: M. Yankowski, Lansing Police Chief J. Smiertka, Lansing City Attorney Lansing City Clerk's Office Ninth Floor, City Hall, 124 W. Michigan Ave., Lansing, Ml 48933-1695 517-483-4131 517-377-0068 FAX www.lansingmi.gov/clerk city.clerk@lansingmi.gov MEMO To: Chris Swope Lansing City Clerk From: Mary Kay Scullion (P36237} Re: Application of TNT Industries, LLC for Medical Marijuana License 1825 E. Michigan Avenue Date: April 18, 2018 Introduction and Background i:-..,_. --.... -~ "' r .. ' ·=-~:· .• 0 ;- r:--1 ·-·, -- ~ ... ...:Jo ~ ,;::~ :·~ -,., :.:.:J \..0 :-;.•.:1 --; .. c..-::i UI 0 The Application of TNT LLC for a Medical Marijuana Provisioning Center License from the City of Lansing was denied by the Lansing City Clerk. (February 5, 2018} The denial was based on the lack of a certificate of occupancy as well as an insufficient waste disposal plan as required by Emergency Rule 36 of the Department of Licensing and Regulatory Affairs (LARA}. TNT had been operating at that location prior to the adoption of Chapter 1300 of the Lansing City Ordinances, even though in violation of Emergency Rule 36. Applicable Ordinance Provision Emergency Rule 26 of the Department of Licensing and Regulatory Affairs (LARA} requires that all provisioning centers have a permanent occupancy certificate. Section 1300.9(28} of the Lansing Ordinances implements the requirement of Emergency Rule 26. Sec. 1300.9(18} implements, without detail, the requirements for a Facility Sanitation Plan (LARA Rule 36} which includes how marijuana will be stored and disposed of and how marijuana will be rendered unusable upon disposal. A further problem not cited in the initial denial but which developed was that the property to be used for the facility was still listed in the name of the prior owner. Analysis At the time of the Application and continuing forward; TNT, LLC lacked a permanent occupancy permit. One of the issues is the assertion of the Applicant that he had no knowledge that the Building Permit which had been issued on April 12, 2017, had expired because he did not have title to the property. However, when reviewing the April 2017 Building Permit, Mr. Ray Sagamani of TNT LLC is listed as the Applicant for the permit and the permit states clearly on its face that it expires at the end of 180 days if the work is not started. Even though the title to the property remained in the name of Natalie Zoeller, Mr. Sagamani, the Medical Marijuana Applicant, was also the Applicant on the Building Permit and therefor had actual notice of the expiration date of October 2017. There is no information in the Application as to whether or not the work was completed prior to the expiration date, therefor it is assumed that it was not and that the permit expired in due course. Of further note is the fact that a Warranty Deed for the premises has since been executed transferring title from Ms. Zoeller to Mr. Sagamani. .. • .. ) r-:~i (- , -_, fTJ -<''°~"' ---;--i'! r-1 .. ~-,; Due to the problem with the Title to the property as well as the expired building permit, the occupancy permit cannot be issued and the application should be denied. In combination with what has been labeled by the Clerk as an insufficient disposal plan, the Application on behalf of TNT LLC should be denied to the extent there was no detailed plan of action submitted. Along with the Application. Instead, the Clerk's Office was provided with copies of pick up orders for storage and destruction only. The only additional detail provided to the Clerk's Office was a Xerox photo of a storage box which is assumed to be intended for storing the marijuana pending destruction. Because of the lack o xplanation and detail with the storage/destruction information the Application should be denie ~s i~ -"'-" ,, ~ .. ,. c.. 1': r::::;, ··-.., ·-, , c·_i :::_J c-:: -~ ~:) c 1 ·-c5 r•·i ;r:; CJ; o 7J !-·-! c--::; r-c-; ·---!T! r-.; ·-- Commission Appeal Appellant Submission TNT Industries, Inc. (Appellant) a/k/a Capital Wellness 1825 E. Michigan Ave., Lansing, MI APPEAL TO MEDICAL MARIHUANA COMMISSION APPLICATION TO OPERATE A MEDICAL MARIHUANA PROVISIONING CENTER _.....c;:::=;::> Bruce F. Rosenthal, Esq. ~' 1 .......... . ;:_:-. ·-· .r''-· : () r: ... :i 1::-; -; ,• ' ( .... . , r-· fTl .. , .. " r-......, C.) = --;:... -< ~-... - -o \"-.) Cw co ;:_~J r·q r-, \. _. rn --c ['T! r· --· TNT Industries, Inc. (Appellant) a/k/a Capital Wellness 1825 E. Michigan Ave., Lansing, MI APPEAL TO MEDICAL MARIHUANA COMMISSION APPLICATION TO OPERATE A MEDICAL MARIHUANA PROVISIONING CENTER Submitted by, Robert A. Ficano, Esq. and · Bruce F. Rosenthal, Esq. 1 J ·~. -· .-:• ---. .. c.o c:· ( .• -.. ' '· ~ ' r1: ... - "'' c;;.:, C."':> :;---:-:~ ·-< G1 :-··, -.. ( , ) l'V -~--:::) ,--.·-: - , I.. ~ ii) ---·J ----;-r1 C .' TABLE OF CONTENTS Table of Contents Index of Exhibits Statement of Issues Presented I. Introduction II. Statement of Facts A. TNT Industries MMPC Application B. Proceedings during Appeals process C. Procedural History III. Law and Argument A. Standard of Review B. The Lansing City Clerk's Decision was unsupported by material, competent and substantial evidence. IV. Requested Relief 2 ! ... -.~ ~~~:: .. - ('J'"\ • ,.• J (;··;. (':~ ~ ... c:i ·-· I Pl -~..-. .,. .... Pages 2 3-5 6 7 7-11 11-13 13 ,..._, C..::J = ... -. :'.)f) .-""~•.) I .. ., .... i.:: ' I J---. c·, ! ' - ·1 ! ~-i rT"! -r-- 1 '--~ .. (_,.) N INDEX OF EXHIBITS Exhibit 1 -Freedom of Information Act Request Response from Lansing City Attorney's· Office-May 1, 2018 Exhibit 2 -Email from Deb Biehler- Lansing City Clerk's Office Denial letter-dated April 19, 2018 Exhibit 3 -Memo from Hearing Office Mary Kay Scullion dated April 18, 2018 Exhibit 4 -Email from Bruce Rosenthal to Chris Swope dated April 12, 2018 with a copy of the deed transferring title to 1825 E. Michigan Ave. from Natalie Zoeller Trust to Zimco, Inc. Exhibit 5 -Letter from Chris Swope dated February 21, 2018 that application to Operate a Medical Marihuana Provisioning Center is denied for failure to obtain a valid Certificate of Occupancy as a : ... ._, .:~.::· .. t"J: ... i:-,·."': ( ") ·--~ .. '• r.·; 1-··· 111 :-·:-j ... 3 "'-' •.:-:: . -c:: ~· ~-' ~ ::::-.> _.....: __ ; --,-,-, ..--, ' ..... ) C1 r-.-1 :-.:-1 ... ---... ~-! l : -c: .. C.,.) Iv Retail (Group M) use. ; ::::=· Exhibit 6 -Letter dated February 10, 2018 from Bruce Rosenthal to Chris Swope re: applicant and architect are working with the City of Lansing with revised project information. Exhibit 7 -Email.from Bruce Rosenthal to Chris Swope with Notice of Appeal and Request for Hearing dated March 5, 2018. Exhibit 8-Email from Bruce Rosenthal to Jon Snyder with exhibits. Time Stamped March 7, 2018. Exhibit 9 -Letter from Bruce Rosenthal to Chris Swope- Supplement to Appeal and Request for Hearing dated April 7, 2018 with Freedom of Information Act responses from City of Lansing dated April 6, 2018. FOIA Request 18-309. Exhibit 10 -Email from Bruce Rosenthal to Chris Swope re: Notice of Appeal, Freedom of Information Act Request. Exhibit 11 -Email from Jonathan Snyder to Bruce Rosenthal that a FOIA request to the Lansing City Attorney's Office must be filed. Dated March 7, 2018. Exhibit 12 -Freedom of Information Act Request from Bruce Rosenthal to Assistant City Attorney dated 4 ( 0 ~-.-;-:, c~ ---'; .• .. (''] ;- l'ii .. --· . , r--:i ,....::;, c:1:-> ... ~-... ::-.. :.:J :;:-.:. ~ .. ·< ! • ! .-~ · ...... .) (_)) fl! --.-"" ~:--·; --r:! ,---, -'~ .. w '0 March 8, 2013. Exhibit 13 -Email from Bruce Rosenthal to Jon Snyc;Ier re: Permit Number PBl 7-0420, dated March 7, 2018. Exhibit 14 -Email from Bruce Rosenthal to Chris Swope re: failure to receive notice from City of Lansing of an Expiring Permit dated April 10, 2018. Exhibit 15-Denial letter from Chris Swope dated April 19, 2018. Thirty days to Appeal to the Medical Marihuana Commission. Exhibit 16 -Emails from Bruce Rosenthal to Chris Swope regarding death of former owner Natalie Zoeller and Notice from City of Lansing went to incorrect address after Ms. Zoeller passed away. Dated April 10 and April 11, 2018. Exhibit 17 -Article that Act Laboratories, Inc. has received conditional approval for a business license by the City of Lansing without obtaining a Certificate of Occupancy. Dated March 28, 2018. ; ~- ;:·~l ::.r) r-··· 1.: .. c~·· w•-- .. ~-- c·-; r- 5 ni ,...._, c:.1 l':'::) .... ;_ ·-· ,, .. m :::~'.·1 -.. ( , ) I ,) ,,-,_ :-r- C) :n •70::- r-r~: ~:=: STATEMENT OF ISSUES PRESENTED 1. WAS THE LANSING CITY CLERK'S DECISION SUPPORTED BY COMPETENT, MATERIAL, and SUBSTANTIAL EVIDENCE? Appellant Answer: No 2. SHOULD THIS COMMISSION REVERSE THE LANSING CITY CLERK'S DECISION TO DENY APPELLANT'S APPLICATION? Appellant Answer: Yes ,-- ··--.... """" C::::> ... ---c ::i ·-··· --·~-· .. _-.;1 r; ~ --~ --C) en ·-·----· ::::-::i --. ci -6 r--r·il .. ... ' (...,) .. N ..• - >=1 ! .. l j c-.:; !"71 ,-:~ !-r-: ,-, ~- I) Introduction This Appeal involves a local business that had been operating in the City of Lansing under Michigan Law as a licensed Caregiver under the Michigan Medical Marihuana Act. Appellant was allowed to remain open with the City of Lansing's approval (Attestation E) during the Lansing Dispensary Application review process. However, Appellant was denied for a purported Certificate of Occupancy issue which has been properly addressed with the City of Lansing and followed proper City Ordinance criteria. The Hearing Officer in this matter unilaterally decided to deny based upon a waste disposal plan that was NOT an issue for her review. In addition, the Hearing Officer in her recommendation references items and Xerox copies that were never submitted to the City of Lansing for this appellant. Appellant attaches hereto their revised and amended Waste Disposal Plan. The City of Lansing either did NOT review the documentation addressing the Certificate of Occupancy or ignored the factual basis for Lack of Notice of Title to the property. Appellant has therefore filed the instant Appeal as its only avenue to seek review of its status in the City of Lansing and respectfully requests this Commission to reverse the City Clerk's decision due to lack of competent, material and substantial evidence. ID Statement of Facts A. Appellant's MMPC Application 7 ..:::-·-----r-;--i c:; Appellant, TNT Industries, Inc. ("Capital Wellness") is a licensed caregiver under the Michigan Medical Marihuana Act. Capital Wellness operated at 1825 East Michigan A venue, Lansing, MI 48912. Capital Wellness timely filed an application for an MMPC license with the City of Lansing on December 14, 2017. On or about February 21, 2019, Capital Wellness received a letter from the City of Lansing advising that the Building, Safety and Engineering Department of the City of Lansing had recommended denial of Appellant's Application for failure to obtain a valid Certificate of Occupancy as a retail (Group M) use. On March 5, 2018 Appellant prepared and filed a Notice of Appeal and Request for Hearing. Mr. Jon Snyder from the Lansing Building, Safety and Engineering Department in an email to Mr. Ficano stated: 1) He completed and approved the plan review for alteration and change of use on 3/17117 per 2012 Michigan Building Code. 2) That a building permit was applied for on 4112117. 3) The building permit expired on 10/9/17. 4) An expiring Permit Notice letter was sent out to the owner of the property Natalie Zoeller on 12/20/17. We requested copies of the documents and were told you would have to file a Freedom of Information Act request with the City Attorney's Office. On March 8, 2018 Bruce Rosenthal filed with the Lansing Attorney's Office a Freedom oflnformation Act request to obtain copies of records from April 12, 2017 to March 7, 2018. Upon response from the Lansing City Attorney's Office (Amanda O'Boyle), on March 14, 2018 a written response to our FOIA request would be provided by March 28, 2018. r--· ··-l'._J "'' = •:/, C ::> Upon receipt of the materials and pursuant to Capital Wellness FOIA request we:~er~~,; :::-.:i -: provided with a copy of the Building Permit Number PB 17-0420 showing the applican£.t'p b@°-~ - --1 8 •n r-1 ..-'-,_J ;-1-1 C~) Ray Sagmani located at 1825 E. Michigan Ave., Lansing, MI and the owner of the property to be Natalie M. Zoeller at 1414 Old Mill Rd., East Lansing, MI 48823. Notice of Expiration of the Building Permit was never provided to Mr. Ray Sagmani and Natalie M. Zoeller was deceased 17 months prior to any notification and was not the current titled owner of the property in question. Also provided in the materials pursuant to Appellant's FOIA request was the Building Permit Application Number PB-170420, received by the City of Lansing Building and Safety Office on April 12, 2017. The building application for 1825 East Michigan Ave. showed Ray Sagmani as applicant v.rith his address, office phone and cell phone number. It also showed as property owner Simon Zenich. Mr. Sagmani signed, dated, and paid the requisite fees for the permit, no expiration date is provided on the Building Permit Application. No notification of expiration of the permit was provided to Ray Sagmani or Simon Zenich by the City of Lansing. In the package of materials received via our FOIA request we discovered an undated letter from the City of Lansing Building Safety Office titled Expiring Permit Notice for 1825 E. Michigan Ave. addressed to Natalie M. Zoeller at 1414 Old Mill Road, East Lansing, MI 48823-2154, for Permit Number PB 17-0420 by Mr. Larry Connelly. This notice was never provided to Ray Sagmani the building permit applicant or the proper property owner Simon Zenich (Zimco, Inc.). This information was provided to the Lansing City Clerk on several occasions. Upon investigation applicant discovered that the property was deeded and title transferred from Natalie Zoeller Trust to Zimco, Inc. on March 31, 2017. Ms. Zoeller was unfortunately deceased 17 months prior to the expiring permit letter from the City of Lansing and Bruce Rosenthal provided a copy of her obituary to the Lansing City Clerk. When the Lansing ~ity §~ .,.,.\ Clerk questioned the transfer of ownership from Ms. Zoeller, a copy of the deed was proyi~ed:l:9 ··--. --...... r.1 ... · , c-·' ·-- 9 ::..'"=".J C:-J t·-· rT·j (.,,) ..::i C.t..:> ,,.,,,_; Mr. Swope. The City of Lansing Clerk's Office failed to reverse its decision based upon the facts. On April 8, 2018, Appellant filed with the Lansing City Clerk's Office our Supplement to Appeal and Request for Hearing to be included in our Appeal Package. The Supplement to Appeal recited the above facts and contained a number of exhibits for review. B. Proceedings Before the Hearing Office On April 18, 2018 the Hearing Officer issued to Chris Swope-Lansing City Clerk provide an analysis which states: "That the application on its face that it expires at the end of 180 days, if the work is not started." l -:2.:..) 1"', -... ·-.! c·) ·-! --~ c·) I f'..:> -, c.::: :_i'::J, 0-) ;.:-.:'! - The problem with this analysis is that work had started and nowhere on the Building Pe~N,t (.,.) 0 .) Application does it show expiration in 180 days. Further the analysis of the Hearing Officer is incorrect in that Natalie Zoeller was not the title holder to the property at the time in question, the title holder was an~ is Zimco, Inc. a copy of the deed was previously provided to the Lansing City Clerk and made a part of the package for the Hearing Officer's review. Thirdly the Hearing Officer is absolutely incorrect in citing that a Warranty Deed for the premise has since been executed transferring title from Ms. Zoeller to Mr. Sagmani. The warranty deed in question attached as an Exhibit hereto clearly shows the title transferred from Natalie Zoeller Trust to Zimco, Inc. Mr. Sagmani has never been title holder to this prope1ty. Appellant contends that the Hearing Officer errored in denying Capital Wellness' 10 application due to a problem with the title and expiring building permit. The other issue at hand as referenced by the Hearing Officer is a Required Notice of Expiring Permit by the City. The Hearing Officer's position in her recommendation states that Mr. Sagmani should have known of the expiration date of 180 days. Then the questions is why did the Building Safety Office of the City of Lansing issue an Expiring Permit Notice to Natalie M. Zoeller? Additionally the· denial based upon an insufficient disposal plan, which issue was not before the Hearing Officer speaks to copies of pick-up orders for storage and a Xerox photo of a storage box which were never provided by this Applicant to the City of Lansing. The applicant as part of thjs Appeal attaches hereto a copy of their Waste Disposal Plan, marked separately. C. Procedure History After the recommended denial by the Hearing Officer and Subsequent Denial from the City Clerk, Capital Wellness was left with no further avenues for reconsideration of the City's administrative decision. Therefore, Capital Wellness files the instant Appeal. 1--· " ::_.. C.:-:J ""i.'. c~ (/) -.,, __ , .. -"._; -·< r ... , .. 1 i III Arguments c-J. (J (j"l !-11 -·-1 -· :-::"'• •:.:-_: ' • c.: f"'n t t.:=:: f1'1 :::-; (,J A) Standard of Review c:.· The applicable Standard of Review is Whether the Lansing City Clerk's decision is supported by Competent, Material and Substantial evidence on the record, and represents the reasonable exercise of the board's discretion. 11 "Substantial evidence is evidence that a reasonable person would accept as sufficient to support a conclusion." .... r---.. ") Edward C. Levy Co. v. Marine City zoning Board of Appeals, 293 Mich App 333, 34l~if2; (_:to NW2d 621 (2011) quoting Do-vverk v. Charter Township of Oxford, 233 Mich App 62;;~; 5~1 NW2d 724 (1998). ( ') ·-~·' -.. :."':''l (.·.') (.;) B) The City Clerk's Decision was Unsuppo1ted by Competent, Material or Substantial Evidence 1. The City Clerk made his determination to deny Appellant's Application based upon considerations and improper facts well outside the competent, material and substantial evidence and exhibits set forth and attached by Appellant. Quite simply based upon the facts provided by Appellant and exhibits attached hereto there was never any intention not to comply with Section 1300.9(28) of the Lansing City Ordinance as an Application and Building Permit were drawn as required. Based upon information and belief it appears that the building permit, work performed and itemized facts were not properly reviewed by BSEED or the Hearing Officer. After timely submitting our Appellate material including but not limited to the FOIA requests, title documents and Notice of Expiration we believe that all facts were not taken into consideration or understood properly. Appellant's belief is further affimrnd by the fact that the Hearing Officer in her recommendation misstated material facts as outlined above, including discussion of Capital Wellness's waste disposal plan which was inconect and not subject to her review at this stage. Appellant has continued and is currently working with the Building and Safety Department as well as his architect for a successful award of a Certificate of Occupancy. 12 ... -~ .... r-( t z.-::; fT/ ~..:.:::: ~-·\ -· ! I : ·-· '-.._; The errors of fact in the denial recommendation from the Hearing Officer is Prima Facie evidence that the denial by both BSEED and the Hearing Officer was unsupported by competent, material and substantial evidence on the record. Attached hereto please find the co1Tect Waste Disposal Plan for Capital Wellness. IV Relief Requested It is clear in this case that Capital Wellness's application was wrongfully denied and that it has now been unfairly required to close its business and its ability to operate. Capital Wellness's application, pending building permit, and request of a Certificate of Occupancy on the merits of this matter for the City to deny their application is clearly inappropriate. WHEREFORE, Appellant respectfully requests that this Commission Order the City of Lansing to reverse its decision and allow Appellant to re-open its facility pending final review of all applications submitted. Respectfully submitted, Robert A. Ficano Brnce F. Rosenthal ;-·· :--...... ~ .. >-.1 :;:, ( C.:.> -:::"..i, --, .;.....:o .... ~ ... 1 .. __ ..,. ·-< i -·.-·· -' "" - .... ~ •• -! C-1 ,...., ' -'-'' ;-;-i 13 ...... -~ ~~ --:::· .... C .J .-n I !~=~! 1"1''"1 :::r:: c.,:. G~ PROOF OF SERVICE The iindefrsigned certifies that·a·copy·of-fne·fo"regoing instriJmer)f :Was};erved·upon all partie~·taJii:er~oove·cause·to each:of:ttte .:' attomeys of record herein at their resp~dive 'addresses as dirette°d;oiHhe· pieadings·on'MayJ·2;~2b.18;fiy: · :. . . . ... -: '~-· • ' ' • • ' ' : ~ 'l ·~ • • ' .... : .. !° .' ' " ' ·a 'I ~ l') ' -.J. ···,"~;,. ",r.,, .. ; .. ~· .. ~· - . '" .: .. ·-;.:~.:·; ',·:·:· ... td ',,:~,.:. ;. ! .. ·~--~-:·-·'i· . ;• \•.,. :· .. _ .. , ·~· 0 E-MAIL 0 FIRST CLASS MAIL:.. ·.CJ FAX 0-HAND:DELIVERY":. 0 UPS' ···.O 'FEDEAA~i~PRESS.- • l.., -·~. ', I • '·~~.;--: 11::.,; , ·• -_: .( l ~ ':' '·f-1::' . '·=' r·--r ' ::::~· c::. r: " (_1-:1 ~ -,..., _,_. .. -·\ J ··~-" -< i i :7:.:; ..-.. c: \.. j (j") flj -,. ;:-::-. .. ·:--"' •, r-t': (') l=;· fli 14 .. -( ,) (;) EXHIBIT ''1'' ' ·~ r,, _: ... ' c:.:i ~;,:; ;;.; -< ;:.:: ~c I~? :~ c~: iS-: ... ·--1 r---... . . :, .. : a Subject: FOIA 18-368 Part 2 From: To: Cc: Date: O'Boyle, Amanda (Amanda.O'Boyle@lansingmi.gov) Bruce. rosenthal@att.net; Lisa .Hagen@lansingmi.gov; Tuesday, May 1, 2018 4:51 PM Amanda O'Boyle Assistant City Attorney City of Lansing -Office of the City Attorney 124 W. Michigan Ave. I Lansing, MI 48933 0: 517-483-4320 E: Amanda.O'Boyle@lansingmi.gov Website I Facebook I Twitter I Instagram Andy Schor, Mayor r-· :: .. r--..:> C-..:> "'--C:_'I (.I) - --.!.t ~:"::!:o C-:1 -< c.;. C '. ··-: -::.. :::--·~ ,-. . .' r-- rri ---, ~·.J .:::- 0 PRIVILEGED AND CONFIDENTTAL: This electronic message, together with all of its contents, contains information from the Office of the City Attorney. This infonnation may be privileged, confidential, or otherwise protected from disclosure. The information is intended for the addressee(s) only and any unauthorized use is prohibited. Do not disclose, copy, distribute, or otherwise use this message or its contents if you are not the intended addressee(s). If you have received this message in error, notify the Office of the City Attorney immediately at 517-483-4320. ·-r~ ..... -\../ r ;--1 i..J ; 11 .... --·-... !i'i ,--., ' ' ... __ .. Attachments • TNT Industries.pdf (20.41MB) • imageOOl .png (9.68KB) r-·- r_.-; ' .. ,., "-•! ~··: .. •-•-r _,...,_, ['-.j = co .. _ ... :·.::-· -, 0 EXHIBIT ''2'' t··-· :::.'!· ~ Subject: Fwd: Provisioning Center Application Update From: Ray Sagmani (rsagmani@comcast.net) To: bruce.rosenthal@att.net; Cc: robertficano@aol.com; Date: Thursday, April 19, 2018 3:54 PM Ray Sagmani Begin forwarded message: From: "Biehler, Deb" <Deb.Biehler@lansingmi.gov> Date: April 19, 2018 at 2:45:40 PM EDT To: '"rsagmani@comcast.net'" <rsagmani@comcast.net> Subject: Provisioning Center Application Update Dear Applicant, ! ·--· :.:> . , .. (/) .. .. f.:·:-.: c-·-- -( c r- f71 :-::-:i I have reviewed the report and recommendation of the hearing officer on your appeal of the denial of your application to operate a Medical Marihuana Provisioning Center in the City of Lansing at 1825 E Michigan Avenue. I have determined your appeal is denied. You have the right to appeal this denial of Ii censure to the Medical Marihuana Commission within thirty (30) days of the date of this letter by filing a written statement to the Commission With the City Clerk's Office. The Commission's review of an appeal shall not be de novo. The Commission shall only ove1ium, or modify, a decision or finding of the Clerk if it finds such decision or finding to be arbitrary or capricious and not supported by material, substantial, and competent facts on the whole record considered by the Clerk in arriving at such decision or finding. Chapter 1300 provides that should the applicant not receive a license, one-half the application fee shall be returned. This refund will be processed after all appeals are exhausted. If you have begun business operations pursuant to State Emergency Rule 19 and Executive Order 2017-02, you must cease operations. Operations may resume only if your appeal is granted and the requirements of the temporary operation are satisfied. Sincerely, Chris Swope, MMC Lansing City Clerk ~~·~., c.-::> . 0 :;) ].:.:-... ~::c1 -< ~-i'-: ~ '" ) G ) !T l -·~ ,..-..__ \i! c~:· ;:- C) cc: M. Yankowski, Lansing Police Chief J. Smiertka, Lansing City Attorney Attachments • doc01268420180419134230.pdf (590.99KB) c) EXHIBIT ''3'' MEMO To: Chris Swope Lansing City Clerk From: Mary Kay Scullion (P36237) Re: Applicatiori of TNT Industries, LLC for Medical Marijuana License 1825 E. Michigan Avenue Date: April 18, 2018 Introduction and Background The Applicat1on of TNT LLC for a Medical Marijuana Provisioning Center License from the City of Lansing was denied by the Lansing City Clerk. (February S, 2018) The denial was based on tbe lack of a certificate ofoccupancy as well as an insufficient waste disposal plan as required by Emergency Rule 36 of the Department of Licensing and Regulatory Affairs (LARA). TNT had been operating at that location prior to the adoption of Chapter 1300 of the Lansing City Ordinances, even though in violation of Emergency Rule 36. Applicable Ordinance Provision Emergency Rule 26 of the. Department of Licensing and Regulatory Affairs (LARA) requires that all provisioning centers have a permanent occupancy certificate. Section 1300.9(28) of the Lansing Ordinances implements the requirement of Emergency Rule 26. Sec. 1300.9(18) implements, without detail, the requirements for a Facility Sanitation Plan (LARA Rule 36) which includes how marijuana will be stored and disposed of and how marijuana will be rendered unusable upon disposal. A further problem not cited iri the initial denial but which developed was that the property to be used for the facility was still listed in the name ofthe prior owner. Analysis At the time of the Applitatibn and continuing forward;· TNT, LLC lacked a permonent occupancy permit. One of the issues is the assertion of the Applicant that he had no knowledge that the Bullding Permit which had been issued on April 12, 2017, had expired because he did not have title to the property. However, when reviewing the April 2017 Building Permit Mr. Ray Sagamani of TNT LLC is listed as the Applicant for the permit and the permit states clearly on its face that it expires at the end of 180 days if the work is not started. Even though the title to the property remained in the name of Natalie Zoeller, Mr. Sagamani, the Medical Marijuana Applicant, was also the Applicant on the Building Permit and therefor had. actual notice of the expiration date of October 2017. There is no· information in the Application as to whether or not the work was completed prior to the expiration date, therefor It ls assumed that it was not and that the permit expired in due course. Of further note is the fact that·a Warranty Deed forthe premises has since been executed transferring, title from Ms. Zoeller to Mr. Sagamani. ~··· ··- T ...... , c~ C:·:'> ~;;:_ .. ~.u ·-~ r~·j C) C'• r-:1 :-:::• -.·::: -~·: r-i-; !--· ·-- .r::-- CJ Due to the problem with the Title to the property as well as the expired building permit, the occupancy permit cannot be issued and the application should be denied. ln combination with what has been labeled by the Clerk as an insufficient disposal plan, the Application on behalf of TNT LLC should be denied to the extent there was no detalled plan of action submitted. Along with the Application. Instead, the Clerk's Office was provided with copies of pick up orders for storage and destruction only. The only additional detail provided to the Clerk's Office was a Xerox photo of a storage box which ls assumed to be intended for storing the marijuana pending destruction. Because of the lack o xplanation and detail with the storage/destruction information the Application should be denie ~s r··-;:-... c.r; .. c ----· ' ...... .:_: C-) r·-· fT1 :::c "'--" --·, -:. 7"_:Jt ....... .1 ---< r-1-1 \:) C .. , f!J :--:--. <C: _,.,~ .. iT! ~=} 0 EXHIBIT ''4'' reliance on the contents of this email, is strictly prohibited. If you received this email in error, please contact the sending party by replying in an email to the sender, delete the email from your computer system and shred any paper copies of the email you printed. From: Bruce Rosenthal [mailto:bruce.rosenthal@att.net] Sent: Thursday, April .12, 2018 12:12 PM To: Swope, Chris Cc: Biehler, Deb; Yankowski, Michael; Jackson, Brian; City Atty; Abood, Joseph; Robert Ficano; Melissa Cupp; Ray Sagmani Subject: Warranty Deed -1825 East Michigan Ave. Lansing, Mi 48912-Capital Wellness Dear Mr. Swope, Attached is a copy ofthe deed which I just received, transferring title from Natalie M Zoeller Trust to Zi.nco Inc. on March 31, 2017. Ms. Zoeller was deceased and the property was transferred prior to the Expiring Permit Notice we discussed. This should answer all pending issues. Thank you for your attention to this matter. Very truly yours, Bruce F Rosenthal Bruce Rosenthal, PLLC 4301 Orchard Lake Road Suite 180, PMB 116 West Bloomfield, MI 48323 Office Phone: 248-430-0804 Office Fax: 248-432-7644 Cell Phone: 248-464-9803 E-mail: bruce.rosenthal@att.net Attachments • imageOO 1.jpg (l .88KB) r---~ ~· _,.-= c-::> (_ t:1 :::::.,:. l~) -~(: c-~·1 0 " :::-:i -. ::::: c~ 1- Ill s:-;(; c _ ..... '' / J ii] CJ :1-·: ....:---. .--1 .. 1 : : ! ~=; EXHIBIT ''5'' r- :=:::· 8.:3 February 21, 2018 TNT Industries LLC c/o Raman Sagmani 4315 Willow Creek Dr Troy, Michigan 48085 Dear Provisioning Center Applicant, Chris Swope Lansing City Clerk This letter is to inform you that your application to operate a Medical Marihuana Provisioning Center in the City of Lansing at 1825 E Michigan Avenue has been denied. You have failed to obtain a valid Certificate of Occupancy as a retail (group M) use. You have the right to appeal this decision within 14 days of the date of this letter by filing a written statement with the City Clerk's Office setting forth fully the grounds for the appeal. Chapter 1300 provides that should the applicant not receive a license, one-half the application fee shall be returned . This refund will be processed after all appeals are exhausted. Sincerely, Chris Swope City Clerk cc: M. Yankowski, Lansing Police Chief J. Smiertka, Lansing City Attorney Lansing City Clerk's Office Ninth Floor, City Hall, 124 W. Michigan Ave., Lansing, Ml 48933-1695 517-483-4131 $ 517-377-0068 FAX www.lansingmi.gov/clerk $ clerk@lansingmi.gov --:· -c- c-.; ·-. ·-.. -. . .......... ) --~--r ... -.. ' . EXHIBIT ''6'' 1- ···~-i"--..) .,.1~.. -~ ···1v --·· •.• •. t:.....:J (./) -::·:: =~~ _:.:J,j ~'":""~ ~ f"":' l -:-.: - · () ::...:: Cl ! 1 =~ ~ ~~ ,--.., .. ·:...: = l~~ .. ---- ·, BRUCE F. ROSENTHAL, ESQ. ROBERT A. FICANO, ESQ. February IO, 2018 Mr. Chris Swope Lansing City Clerk Lansing City Clerk's Office Ninth Floor, City Hall 124 W. Michigan Ave. Lansing, MI 48933-1695 Fax: 517-377-0068 City.clerk@lansingmi.gov ATTORNEYS AT LAW 4301 ORCHARD LAKE ROAD SUITE 180, PMB 116 WEST BLOOMFIELD, MI 48323 (248) 464-9803 PHONE (248) 430-0805 FAX Email: bruce.rosenthal@att.net Re: TNT Industries, LLC/Raman Sagmani 1202 S. Washington Dear Mr. Swope, Please be advised that Mr. Robert A. Ficano and I represent 'TNT Industries, LLC and Mr. Raman Sagmani with respect to their application to operate a Medical Marihuana Facility at 1825 E. Michigan Ave., Lansing, Michigan. It has come to our attention ptll'suant to your letter dated February 21, 2018 that there is a question regarding their Certificate of Occupauey as a Group M retail. Our architect Ms. Liz HaITow and Mr. Sagmani have been working with your department for any code issues and to cure any deficiencies if any for their Certificate of Occupcmcy. Attachc:d please find the requested revised ptoject information submitted to PZE on our Commercial Plan Review as recently as February 20, 2018. We will be following up with your office within 14 days as additional facts and information becomes available. Thank you for your attention to this matter. If you have any questions please feel free to contact me at any time. cc: Robert A. Flea.no Raman Sagmani lVlr. M Y an.kowski Mr. J. Smiertka 1 Very truly yours, Bruce F. Rosenthal, Esq. r- ;-~ --G;".:r ... .. -... c.a {. ': ·-~ .. -·-· ::-;·_, -<: c-·.~ ( 1 --... ~ ·' .~~ . .--.. ' " 1---r:: .. ;.·~:i .!:- -~..., .-t .. i ;-:: ·-::) ;JI ·.:;.::.: f7! ~-=' EXHIBIT ''7'' ,-- :::;~. ~ ·-•'I"• ........ _ r.: .. AJ .r:- Biehler, Deb From: Sent: To: Cc: Scott, Tracy Monday, March 05, 2018 1:23 PM Swope, Chris Biehler, Deb; Jackson, Brian Subject: FW: Notice of Appeal and Request for Hearing-TNT Industries LLC, 1825 E. Michigan Ave. Attachments: Notice of Appeal-TNT Industries LLC.pdf -·------····· ··-.... -··- ~·-···---·--···-··- -· --·- ----·--- -····-·-·--··---·-···----·-·--·-·--·· ·---·-·------·········-··---·----·--------···-· ------·-·-·-··----·-··---- -··--- ·--···----···-· ... -· ---·--···--· From: Bruce Rosenthal [mailto:bruce.rosenthal@att.net] Sent: Monday, March OS, 2018 1:10 PM To: Clerk, City Cc: CltyAtty; Yankowski, Michael; Melissa Cupp; Robert Flcano; Ray Sagmani Subject: Notice of Appeal and Request for Hearing-TNT Industries LLC, 1825 E. Michigan Ave. Dear Mr. Swope, Attached please find our Notice of Appeal and Request for Hearing for TNT Industries LLC, located at 1825 E. Michigan Ave Lansing Ml. If you have any questions please feel free to contact me on my cell at 248-464-9803. Thank you for your attention to this matter. Very truly yours, Bruce F Rosenthal, Esq . Bruce Rosenthal, PLLC 4301 Orchard Lake Road Suite 180, PMB 116 West Bloomfield, Ml 48323 Office Phone: 248-430-0804 Office Fax: 248-432-7644 Cell Phone: 248-464-9803 E-mail: bruce.rosenthal@att.net This email has been scanned by the City of Lansing Symantec Email Security.cloud service. For more information please visit http://www.svmanteccloud.com 1 !"-'"" -~·':-o ···-· .... ;· (/) ··-.. c -~ c~.~ .-.. -. ' •' __ , __ ,., c-:; r---rr: ;:_:D "'-' C.:::> C:.:::• .. •·~-I -.... 7 C-) =-~ ::.:.: --.. .!:'- -~ _., 0 IT; ' .--., \,, ·" 1~ -:::::: r-r: c::-:-· March 5, 2018 Mr. Chris Swope Lansing City Clerk BRUCE F. ROSENTHAL, ESQ. ROBERT A. FICANO, ESQ. ATTORNEYS AT LAW 4301 ORCHARD LAKE ROAD SUITE 180, PMB 116 WEST BLOOMFIELD, MI 48323 (248) 464-9803 PHONE (248) 430-0805 FAX Email: bruce.rosenthal@att.net .~. Lansing City Clerk's Office Ninth Floor, City Hall r-..... .) -=· = ·~ ..• .. 124 W. Michigan Ave. Lansing, MT 48933-1695 City.clerk@lansingmi.gov c.n <.:.o Re: Appeal 1825 E. Michigan Ave. Certificate of Occupancy as a Retail Group M use. NOTICE OF APPEAL REQUEST FOR HEARING c:. c-j _, -< --" -r- lo! ;).J _.., 2·-__ .... -..::: c·, ::-!I ...., . ·-.. ~-... Now comes TNT Industries LLC c/o Raman Sagmani, by and through its attorneys Robert A. Ficano and Bruce F. Rosenthal and for their appeal and request for Hearing state as follows; 1. On February 21, 2018, the Lansing City Clerk's Office issued a letter to TNT Industries LLC located at l B25 E. Michigan Ave, denying its application to operate a Medical Marihuana Provisioning Center in the City of Lansing at 1825 E. Michigan Ave. (a copy ·of which is attached hereto as Exhibit "A"). 2. On February 22, 2018 Bruce F. Rosenthal issued our initial response to the above described denial. Mr. Sagmani and his architect had been working with the City of Lansing Department of Planning and Neighborhood Development Building and Safety Office specifically Mr. James Bennett. We submitted revised project information to PZE on our Commercial Plan Review as recently as February 20, 2018. (a copy Of the letter is attached hereto as Exhibit "B"). 3. A copy of the Revised Project Information as provided to the Department of Plann:ing by our architect Ms. Liz Harrow is attached hereto as Exhibit "C". All fees and requirements have been fulfilled by 1NT Indush·ies LLC. -~-.• ,,,.-l._... r i·f ,---. -~· 01 --............ !T! c :; 4. On February 28, 2018 Mr. Ficano and Mr. Rosenthal traveled to the City of Lansing Department of Planning to meet with Mr. James Bennett to discuss the submitted plans in compliance with the requested Certificate of Occupancy. Mr. Be1mett was unable to meet with us and it was suggested that we meet with Mr. Jonathon Snyder Chief Plru1 Review Analyst, we asked for Mr. Snyder and he was not available so we left our business cards and asked Mr. Snyder to contact us. We have attempted to contact Mr. Snyder several times but to no avail. On March 2, 2018 Mr. Ficano sent ru1 e-mail to Mr. Snyder about the issues at hand (Please see e-mail dated March 2; 2018 attached hereto as Exhibjt "D"). As of the date of thls Appeal no response from the Department of Planning has taken place. 5. Upon information and belief the facility in question located at 1825 E. Michigan Ave. had e required Certificate of Occupancy via the previous owner. We are seeking through the Department V / ~(' Planning all records of prior ce1~ificates, requests and building permits issued and inspected. C//'1/ 6) Upon information and belief in calendar year 2017, TNT Industries LLC through their if{;.r~ contractor drew, fulfilled and completed permits for construction of the property. Nqrmal course of \ conduct would provide that if a Certificate of Occupancy was not present then the building permits could not be issued and completed. This is one of the reasons we contacted the Department of Planning to obtain the history on this address. 7) We have sought compliance with all areas of our Medical Marihuana Provisioning Center Application with both the City of Lansing and State of Michigan and to date have provided all requested information. 8) We believe it would be highly prejudicial to deny TNT Industries LLC application with the City of Lansing without a complete review of all records and a Hearing to detennine the issues of compliance. We respectfully request a Hearing on this matter and to be provided with all documentation at the City of Lansing seeking compliance with or affomation of the existence of an appropriate Certificate of Occupancy as requested in Mr. Swope's letter of Febrnary 21, 2018. Thank you for yam attention to these matters. cc: M. Yankowski J. Smietka M. Cupp-RWC R.Sagmani L. Harrow 2 Very truly yours, Bruce F. Rosenthal, Esq \1..,.;LJ ~. ~ (~ Robert A. Ficano, Esq. l. ---· -<.' CI'. -.. ·-~- Exhibit ''A'' ! ~..:i > C-::::i ·-· = en --::;·: ::;: ~~~ ~-~: -·< ,-,-: ~-~ .. (--:~ ~--.:: C\ fTl -#·: . --· -· :~ ==:: <_ .. -'..,. -r: r::?. = t=j 111 •• :: ;J .::::-- ·--... "' February 21, 2018 TNT Industries LLC clo Raman Sagmani 4315 Willow Creek Dr Troy, Michigan 48085 Dear Provisioning Center Applicant, Chris Swope Lansing City Clerk This letter is to inform you that your application to operate a Medical Marihuana Provisioning Center in the City of Lansing at 1825 E Michigan Avenue has been denied. You have failed to obtain a valid Certificate of Occupancy as a retail (group M) use. You have the right to appeal this decision within 14 days of the date of this letter by filing a written statement with the City Clerk's Office setting forth fully the grounds for the appeal. Chapter 1300 provides that should the applicant not receive a license, one-half the application fee shall be returned. This refund will be processed after all appeals are exhausted. Sincerely, Chris Swope City Clerk cc: M. Yankowski, Lansing Police Chief J. Smiertka, Lansing City Attorney Lansing City Clerk's Office Ninth Floor, City Hall, 124 W. Michigan Ave., Lansing, Ml 48933-1695 517-483-4131 $ 517-377-0068 FAX www.Jansingmi.gov/clerk $ clerl<@lanslngml.gov [ -. -:;,':.--~ ., ··-(.':) :...~,-v~ (") -· ... '-. ' C' ... J 1- · Pl >:J .. ... ,:::::::-., = =~-;:, -.., .... ~. ~ -·:: ,-r-. .---, C1 t. _; r--....•-: ~ I ! ~ --.. -~ ... ....: r ' : --1=5 .. -~ Exhibit ''B'' r ... ·:!>·· ~ ~~~; § ~-:~ !:'.; ~:; c---=-C-:-J ..___::: c, "4 r---· - ·-· ; I } <,' ;-=;: -r=:: ,., ...:.h ,,- , , . ..:.: ::: 1=:J r:·: •• :::v .r.- ::: .: r·\:; BRUCE F. ROSENTHAL, ESQ. ROBERT A. FICANO, ESQ. February 10, 2018 Mr. Chris Swope Lansing City Clerk Lansing City Clerk's Office Ninth Floor, City Hall 124 W. Michigan Ave. Lansing, 'MI 48933-1695 Fa x: 517-377-0068 City.clerk@lansingmi.gov ATTORNEYS AT LAW 4301 ORCHARD LAKE ROAD SUITE 180, PMB I 16 WEST BLOOMFIELD, Ml 48323 (248) 464-9803 PHONE (248) 430-0805 FAX Email: bruce.rosenthall@att.net Re: TNT Industries, LLC/Raman Sagmani 1202 S. Washington Dear Mr. Swope, : .. --:--;:. -'-;-• .:::_. ,. ,. ·~ ·-~-.. . . : ·~ C) C) -_ _,, '· C) r- · I"~ :::; Please be a_dviseci thatMr. Robert A. Ficano and 1 represent TNT Industries, LLC and Mr. r--.... ) C:' .• :l c.~ ~:1:.. -·~·:: c-·. ,:-::--.~ -.. r- \.'..I Raman Sagmani with respect to their application to operate a Medical Marihuana Facility at 1825 E. Michigan Ave., Lansing, Michigan. It has come to our attention pursuant to your letter dated February 21, 2018 that there is a question regarding their Certificate of Occupancy as a Group M retail. Our architect Ms. Liz Harrow and Mr. Sagmani have been working with your department for any code issues and to cure any deficiencies if any for their Certificate of Occupancy. Attached plea,se find the requested revised project information submitted to PZE on our Commercial Plan Review as recently as Februaiy 20, 2018. We will be following up with your office within 14 days as additional facts and information becomes available. Thank you for your attention to this matter. If you have any questions please feel free to contact me at any time. cc: Robert A. Ficano Raman Sagmani Mr. M Y ankowski Mr. J. Smiertka Very truly yours, Bruce F. Rosenthal, Esq. _-::c1 r r 1 .~-, '-.; :-..--i .... -----r-;·! D r·-"" .... ~;::_, c:-::. -. r .. ,.. c: ( 1"\ ·-..-~ .. ... :-:.~;J .. .. :r.;• , .. --..-:; ~-· j ··: r..:-.1 -( .. J C-.) ()"; !°Tl ---~ ... --.. .. 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OALLS 11o\lA.1...S.O 6Y i-1uoR 'lEHN"f == ~ cl<l!>TIH(> t14RIJUAH:O. OISPEHSAP.Y llllS E r.JCHC.IJC l.1Rgioc. -ll'lll !.N!tT ONE OF ONE OfFICE II! Ill 1-z :J 0 u lJ: II! 0 3 STORE FLOOR IU ~O fT liiXl'r SIG CV et:l.EROl-LlTE OISPl.A Y CASES EMPLOYEE AREA S02 SO FT D '"~ IUAfTIN.G ROOM FLOOR PLAN SCALE, 11'8" • r-o· ~·. -· CAPITAL WELLNESS~-··, 1825 E r11CHIC.AN LAHSINC. 18~12-_; -< !'"'--_') c.::i = :.::.;.i ,.,., .. ~_,' -:: r-.-; CJ G > i ::-:·., or< -··'"' ~-'f-! ,- . 1 __ : f°'..:' --·---·--·-.. --.. .. .. .. .. .. .. I = I 0 I I 0 N I I I I ,.wO'" ,. .. o• ,.....,. .I I = = = I I I = I = I EXISTING STORE I = = = = = ~~ = I ~/ ~ ~ ~o~ I ...--o• Cll·-d"' lllll'wO" "r'•O .. ,._o• a·-o· i ~ I -'..- ~ I . 0 10 f'ARKINC. SPACES • I INCLUOINC. I BP I I I ~ ' r - •'-.. r--...) .. '..~··~ = L ______ _,,_ ·--··--··--··--··--· J .. ·-C'::l CAPITAL WELLNESS •.,.).• :·:: ---~-1 .. :._ .. /~ SITE PLAN &CALE.: r • U'-0"' 181\; E 11\CHIC.AN LANSINC. 18,11 ~· ~) -~ r~r·! . I C-:· Ci! CJ 1"--1-•1 : I : --~ -< ~-=-..: -~ !T! G 1- · i---; --- Ill ::.r:; -~-r,.:; ·-··1. Exhibit ''D'' ;--.. ... __ "~ .,..J .. ~ 1:::::, f] h~ -~::) C:'.\ --.:: 1- 1· ; ~~f ~ ;:;~;' ("-; -~ !Ii r:._-:: :::: ~=~~ r :·: ... ;;-cj -!::-. .. ---' \. Subject: Fwd: Capitol Wellnes 1825 E.Michigan Ave From: Robert Ficano (Rober1Flcano@aol.com) To: bruce.rosentha/@att.net; Date: Friday, March 2, 201 B 12:04 PM Sent from my iPhone Begin forwarded message: From: Robert Ficano <RobertFicano@aol.com> Date: March 2, 2018 at 11:35:26 AM EST To: Jon.snyder@Iansingmi.gov Subject: Capitol WeJJnes 1825 E.Michigan Ave Mr Snyder I and Mr. Bruce Rosenthal represent the above provisioning center. T.he owner is currently applying for a COO and all drawings,pennits and review fees have been submitted to your Department. Work on the location was performed with approved fees and permits in 2017. No issue of COO was raised and approval was given by the Department of planning in 2017. Any expedited help for approval be appreciated. We would be glad to discuss the matter with you. Feel free to call or email (313-363-2233) Sincerely Robert Ficano Sent from my iPhoue r··-f""<.~ ... ::)-... = = · .... A; -·· --, -... / J -· ;·-·1 L : .-CJ c ') c-., fT! - i :-.:::1 ("') f-i: - ·-: l --'..___J , . ....,..,, : • i ~ ·~ ~ .. .... ,, _ rv _.. .... EXHIBIT ''8'' r·~·· ,......"\ ::c·-.. ;::..~ :-:: C";J ~ :: ~ -~\ ---: =~:;:, .~.:::: ·--~~ r:? C i --:--: .~---.. __ , I •• !'l -:r; .;::--~~~. N Biehler, Deb From: Sent: To: Cc: Subject: Attachments: Bruce Rosenthal < bruce.rosenthal@att.net> Wednesday, March 07, 2018 8:47 AM Snyder, Jon Clerk, City; Robert Ficano 1825 E. Mkhigan Ave. Exhibit A.pdf r---- ~·Z>· r°'.) c::::j .. . · -= (/~' ;·-~. -..;, • --.~:: r•, ·--' 0-1 --! -:~ -_, -.......... C ' rf"7 Dear Mr. Snyder, ;:..:! =:: r~=· As your are aware Mr. Ficano and I represent TNT Industries LLC and Raman Sagmani. §rm{t=. Number PB17-0420 was applied for and issued on April 12, 2017. The applicant on said permit was Ray Sagmani at 1825 E. Michigan Ave., Lansing, Ml 48912 (a copy of which is attached hereto as Exhibit "A"). Mr. Sagmani by and through his architect Ms. Liz Harrow submitted updated drawings and plans to be compliant with the Lansing City Code and 2012 Michigan Building Code. Mr. Sagmani was not given notification of the expiring permit and never received the expiring permit notice letter that you reference in your March 5, 2018 email to Mr. Ficano. It is our position that as the applicant and the person who paid the project fees for Permit Number PB17-0420, Mr. Sagmani at 1825 Michigan Ave. should have received the December 20., 2017 Notice. We would respectfully request a review of your entire file on this matter in order to complete our response to the issues at hand. Please let us know when this information will be available. TNT Industries LLC and Mr. Raman Sagmani have been and continue to seek full compliance with all Building Codes. Thank you for your attention to his matter. Very truly yours, Bruce F. Rosenthal Bruce Rosenthal, PLLC 4301 Orchard Lake Road Suite 180,. PMS 116 West Bloomfield, Ml 48323 Office Phone: 248-430-0804 Office Fax: 248-432-7644 Cell Phone: 248-464-9803 E-mail: bruce.rosenthal@att.net r-- :t;:~ ,.....,.., 1::.:.:;, (/; r::;":; -':"« ~-·· -·· ...... ...... ; •• 1 ;. ,; _ .. i-r·i CJ ~:-::i ...... 1 :-r·1 --: .... .. ;:''"1 -·-·· .. ··-. c-:~ .. ..!:: rr! ~ i.3 c:: l'l :::·::' .. .. c:i I ·-:---...:> .. · ... -· = .·:.~ C :> (" ,. .-... ,.!.i:. ·-.. , :;._-;. ••• J...._/ ~ i-.-; ,·- C) •'-"'j CF• .-.--• ; I ; :::-' .,. ....... --'· i-r: C-:! 1-~1 ......... ,/' p .. ; :;:;:::; 1:• "" i Exhibit ''A'' r··· -r·-.~· .:. .. =-· c::~ :;:: C.;:..:, {.I) -.. :··rJ , • .. , ...... c·_, :::·.) r·,· .. : 1:-:: : ,---... ""'-J ·' ,,. ...... ...... : I J) -·· ... . ... .. -,., .. ' ·-C") r :-! 1- ·· 0? !··-{ . ri·1 ;7·:~1 c: / ;:· " /,' Applicant: RAYSAGMANI 1825 E MICHIGAN A VE Lansing MI 48912 Building Safety Office Department of Planning and Neighborhood Development 316 North Capital Ave Suite C-1 l/k.::2; (/~ r.s-·~ Lansing, Michigan 48933-1238 /l.{.,, 7 :_,. 1 · · (517) 483-4355 Status: ISSUED Permit Number: PB17-0420 Applied: 04/1212017 . Issued: 04112120 J 7 Expires: 10/09/2017 Finaled: THE BUILDING PEAAUT OR COPY SHALL BE KEPT ON THE StTE OF THE WORK UNTIL COMPLETION OF THE PROJECT LOCATION OWNER CONTRACTOR 0 1825 E MICHIGAN AVE ZOELLER NATALIE M 33-01-01-15-280-121 1414 OLD MILL RD Zoning District: A EAST LANSING MI 48823-2154 Phone: Phone: (S17J708 7P63 _;;::. c:::i Fax: Fax: ··-.• ~ .. M .. (::':) .. . , --.. Inspector: Larry Connelly (517) 483 4363 Lany.connelly@lansingmi.gov :...:.; =::;·~ (:;·:·; an office will be framed within the retail area of an existing store, and the first entry ar~ will-be C) subdivided into two spaces ·-·· 8 fTl Work Description; ·~--1 ··- Stipulations: Contractor must provide a paper copy of the approved plans or an electronic copy of th~app.r9;ved ~";:; plans and a suitable means of viewing them for use by the inspection staff. c:: · !• : Primary Constructions.Type: 5B Primary Use Group: M Permit Item Technology Fee Com $1-$2,000 Prill)ary Zoning District A Project: JC!Al7-0011 Work Type Standard Item Standard Item Commercial Fee Basis 1.00 1.00 Fee Total: Amount Paid: Balance Due: :·::,,. -.. : r.: .. f:- Item Tota] -..; $10.00 $90.00 $100.00 $100.00 $0.00 ; .. . ,. ..... _ c;;> ~--:-: ....... ! Work Description: BUILDING PERMIT Issued: 04/12/2017 an office wiil be framed within the retail area of an existing stor is being erected in compliance with the Michigan Building Codes, r-~ ;--.;, ]'.> ("~ = CJ :1 -'.;: under Permit number: PB 1 7 -0 4 2 0 :·::_1. c·c -.:: issued by the Building Safety Office, City of Lansing, Michigan. (517) 483-4355 Address: 1825 E MICIDGAN A VE (~ C\ --..., ------ IT SHALL BE THE DUTY OF THE PERMIT HOLDER OR APPROVED PLANS MUST BE RETAINED ON JOB A~O THIS- AUTHORIZED AGENT TO CALL FO.R INSPECTIONS CARD KEPT PdSTED UNTIL FINAL INSPECTION HAS~BEEfil:" REQUIRED BY THIS PERMIT. MADE. WHERE A CERTIFICATE OF OCCUPANCY IS-'1 ~ WORK SHALL NOT PROCEED UNTIL THE INSPECTOR HAS REQUIRED, SUCH BUILDiNG SHALL NOT BE OCCUP.iED r-v APPROVED THE VARIOUS STAGES OF CONSTRUCTION. UNTJL FINAL INSPETION HAS BEEN MADE AND A ~,., CERTIFICATE OF OCCUPANCYISSUD. THE BUILDING INSPECTOR REQUIRES 24 HOURS NOTICE PRIOR TO MAKING INSPECTIONS: REQUESTS FOR INSPECTIONS MAY BE MADE IN WRITING OR BY TELEPHONE. POST THIS CARD SO IT IS VISIBLE FROM THE STREET Buildin9 Inspection Approvals Electrical Inspection Approvals lltg-. ' Re£rig Inspection Approvals Plumbing J:nepeotion Approvals 1 ·.;:·. 2 3 l 1 1 2 2 2 3 3 3 Separate permits are required for electrical, plumbing and mechanical installations. PERMIT WILL BECOME NULL AND VOID IF CONSTRUCTION WORK rs NOT STARTED WITHIN 180 DAYS OF DATE THE PERMIT IS fSSUED. ::-=:· ..... .. .-: .. (_j) i:; .. (--:} --· .. -· ' ('"') ~-· ' ' ' ... .. :-... ,:. c...-:; ~=:~.~ .. .. l , J '. l C) ---! ;T! :!~-:· · ~:::: ;-r·; ;:_::; ~· t..~ : i l' \\-l~r· , ; \ '' 1··. ; · ' ' ' '··;.11 }. ~ c .:1 \ '-J /., _ 1 _ \) ~.J ~'. i ~ ~ .. ~ 'J • 0~1 : \'1 l!lJ Ci 1 J1,j:.1 )lii\7 ?:_, ; -.. .1 ·" • :i _ 1•1 .., ~ l,.v rF1 •\ : .J 'r ::-: \..1 "···.J I d -1 , __ •. JU stanms endicia Shipping Label Receipt Delivery Confirmation™ Service Number: 9405 5118 9956 0513 7161 22 Priority Mail 2-DAY with USPS TRACKING#* Electronic Service Fee: $'0.000 Total Postage and Fees: $6.55 Weight 1 ·oz Print Date: 03/1612016 Mailing Date: 03/1612018 From: To: Chris Swope Lansing City Clerk's Office 124 W Michigan Ave Floor 9 Lansing Ml 48933 TNT Industries LLC c/o Raman H Sagmani 4315 Willow Creek Dr Troy Ml 48085-5727 USPS Post mane Here 'Regular Priorily Mail 'l-OAY Sarvica postage rates apply. There is no fee lar Delivery Confirmelion1 ... servica on Priority Mail services ~ilh use of tht·s eledrcric shipping label. Postmark "'Quired If fee rafood requested. OeliVOf)l lnforrnellon Is not !!Volleble by phone for tho eled.roric·optlon. Instructions: 1. Mhere shipping label to package with tape or glue -DO NOT TAPE OVER BARCODE. Be sure all edges are secured. Self-adhesive label is recommended. 2. Place the label so it does not wrap around th_e edge of the package, J. 4. 5. This package may be deposited in any.collection box, handed to your mail carrier, or presented to a clenc at your local Post Office. Each confirmation number is unique and can be used only once - 00 NOT PHOTOCOPY. You must mall this package on !he "mail date" that is specified on this label. EXHIBIT ''9'' r---.... ,..._) _\.. .... c:::::i . ' :::: C':• _..._. :~--: :t.:; -:;::; ~~ .. :~ -.:: r-,-i c··· -C) ..:.;: O"\ '.11 • . ...! - --: ; ~·, .. =,-:-: !6 ... : 2~) -"I •• ~, .. .. · ) (_._; ::·-:.: -~ BRUCE}?. ROSENTUAL, ESQ. ROBERT A. FICANO, ESQ. AptU 7, 2018 Mr; Chris Swope Lail.sing City Clerk Lansing City Clerk '.s Office Ninth Floor, City Hall 124 W. Michigan Av~. Lansing, MI 48933-1695 City.Clerk@lansingmi.gov Re: Supplement to.Appeal IB25 E. Michigan Ave. ATTORNEYS AT 'LAW 4301 ORCHARD LAKE ROAD SUITE 180, Pl'vfB 116 WEST BLOOMFIELD, MI 48323 (24.8) 464•9803 PHONE (248) 430~0805 FAX Em~il:.bruce.rosenthal[a),att.net Certificate of Occupancy as a Retail Group M use. SUPPLEMENT TO APPEAL AND REQUEST FORHEARING 1825 E. MICHIGAN A VE. . Now comes TNT Industries LL.C c/o Raman, Sa~tanf, by and tl:rroughthe.ir attorpe,y~ Robert A. Ficario and Bruce F. Rosenth!'ll and. fqr this $1.lpplement to Appeal and Request for Hearing states as follows; 1. On March 5, 2018; TNT fadDstries LLC c/o Raman Sagmani' timely filed th~ir Notice of Appeal in this matte!'. · 2. On M.arch 8, 2018 coµnsel for TNT lndustries, LLC, c/o Rairiah Sag'riifilli filed :with the Cify. of Lansing their Freedom ofinformation Act (FOIA Request) throu.gh the Lansing City Attorney's office. 3. On March 21, 2018 counsel for TNT Industries, LLC notified the Lansing City Clerk's Office that we were awaiting the FOIAr<;!sponses. i --i"-~' c:.:.:~ Ct.? -•r• - ·!:.. c ·; :;,.:.: .. -< c: Cf'. ~:-: C·-' .,!:'"" ,.,, ..... : 1··, ·1 r-----' ill ---~-r-,-! i. .• _..1 4. On April 6, 2018 through Assistant City Attor.11eyMs. A.In<:mqa O'Boyle we recejved responses to FOIA Request Number 18~309. Said responses are attached hereto as Exhibit "A" and. made part of the appeal in this matter. 5. The attached documents Clearlyshowthat the app'licant for the Build}rig Permit Applicatfo1i on April 4, 2017 was Mr~ Ray SagmanL Said application Number PL.170420 showed the address as 1825 E. Michigan Ave .. , Lansing, MI 48912, property owner as Simon Zeni'ch, .arid telephohe hlinibers 248-953-5700 E!nd 517-708-7023. The Building Perm.itApplicati(ln was paiq -for and signed l;Jy Raman Sagmani. The Jetter from the City of Lansing Building Safety Office regardi~g Expiring Permit Office was sent to Natalie M. Zoefler at 14'14 Old Mill Road, East Lansing, MI 48823-2154. Sa:id notice was not given to the Permit Applicant TNT Industries, LLC c/'o Raman Sagmani either physically or constructively and the,refoi"e Mr. Sag:marii was never given the Expiri11g ·Permit Notice. or th:e deficiency would hci:ve been cured, · We respectfully request that this infonnation obtained through our FOIA Request be included in our Notice of Appeal-Request for: Hearing filed in this matter on March 5, 2018. Thank you.for your attentiort to this matter. cc: D.eb Biehl~r M. Yan1cowski B. Jackson City Attorney's Office Joseph Aboud M. Cupp-RWC R.·sagmani L. Harrow Very truly yours, \'. ·c ___ _o Bruce F. Rosenthal, Esq CLLJ-~c:;;~ Robert A. Ficano, Esq. i""• i' ... 1 -;::.":· c:::; ·-· -· C.."'.-.i (!) . _; --:-i :r:.;..r , .. r •.• L ·' ~ fTi C J C) m 1 ' ·-·1 .. -· -< :::~ --2 ---·· ·---..., CJ ~ I : ,-\__; t··1 , ... ,_.· c..; ~t:". Exhibit ''A'' ·--·-i'<'> -\-'• C..-:::J .... _ -----= .. -f_· .. -·--. -~ -*- -:;.:..~ /·~.: -~ Ci~ ---~ _.,,... :::'"3 " .... ·~ [-{-: CJ . rn . ~::::: : : ' . L~; Subject: FOIA 18<~09 From: O'Boyfe,.Amanda (Arnanda".O'Eioyle@lansingmi.gov) To: bruce.roserithal@att.net; Date: Friday, April 6, 2018 3:14 PM Dear Mr. Rosenthal, Please find attached ail responsive documents identified relating to yotir FOJA _request, 18-309. Amanda 0'Boy1e Assistant City Attorney City ofLansing-Officeofthe City Attorney 124 W. Michigan Ave. I Lansing, Mr 48933 0: 517-483-4J20 E: Amanda.O'Boyle@Iansingmi.gov Website I Facebook I Twitter I Instagniin 1-I'-.> .. -.. --= ,. , (~:'.) ··': -:·1 -~· />_; L· J - -:.: ;--:-; 1::-:· C-) en ~-r: : ::-., -~ ......... _..# ~~ -, i"'T! l} 1-1 __ .... .: ' •l ::~ (,J U l Attachments • PB17-0420 1825 E Michigan Inspections.pdf (38.5SKB) • PBJ 7-04201825. E Michigan.pdf (173.1 lKB) • PB17-0420 Building Permit Application 182§ EMichigan.pdf (853.27KB) . I . . • PB17-0420 Expiring Permit Notice 1825 E Michigan.pdf(87.90KB) • imageOOI.png (9.6SKB) I r--· ......._, ..:-= c::i '~( ' -·~ ····:-, ~ ... ......--\_,.· r_:·:;. ·-::: i""T/ C-:: CJ 0 ' [1-i .• :-:-:--r ...... -. ., . ~-···;1 fT! ~-) 1- -·-i.:.--~ ;-.... l .. ~ ·-· ) ... J-.. Ul 33-01-01-15-280-121 1.825 E MICHCGAN AVE Subdlvision: LANSING MI, 48912 Lot: Block: .-. : .... :,·.:. · ... ··:.:. .... ·:·:--.·-:· ··:.-.. ~ ... ~:· .. '• · 1.·,. .. -~ ... : ... Owner: ZORLER NATAUE M Phone: Oa:upant: Phone: Applicant: RAYSAGMANJ Phone: (517) 708 7023' Contractor: Pho.ne: Licensee: Phone:· License Issued: Ucense Expires;. -~: . .... . ·.·: .. -· .. :::·~: ·: .... .. _:-~ :-· ·:_;, Date rssued: 0'1/12/2017 Date EXpires: 10/09/2017 Status: E.XPIR~D Work Description: an office will be mimed within the retail area of an-existing store, and the first· entry area will lie subdivided lni:o·twa spaces Stipulations: ··-· .. :, .. , ....... . ·:-·. :_:-.·--.· .. ····. Contractor must provide a paper copy of the approved· plans or an electn;mlc i;npy of the <lppro\led ·plans a"nd a. suitable ineans of viewing them for use by the Inspection staff. Fee.Inroi'matfon .. · ;. Standard Item Technology Fee Standard Item Comm Com $1-$2,000 · ... 1 1 ,•• LOO 1.00 . ... :. . . i' : . . . ~ . ' 10.00 . 90.00 r· ·- J~· c .- ~-: -· C) -·-·' ·' -- C":') 1--r·j: :TJ -.. "' =· c:;:, -~ " ..... -~.: CJ~ :--, (...) c.n .:·o ;-t1 C) fT! c::· .... :. f-r: ·-~ I ' "--- Arlcly $char, Maybr Applicant: RAYSAGMANI 1825 E MICHIGAN A VE Lansing MI 48912 Building Safety Office Economic Development & Planning 316 North Capital Ave Suite C-1 Lansing, Michigan 48933-1238 (517) 483-4355 •• .l! • .••. :: . · _ , . '• .• ·._: .• , :·.· .... ·B.::.~S'i·d-"";· ....... :_ . . . . ..-lU:l~ w.g·. · . . " Type Status: EXPIRED Permit Number: PB17-0420 Applied: 04/1.212011 Issued: 04/12/2017 Expires: !0/09/iOlT Fina led: THE BUILDING· P ERl\'flT OR COPY SHALL DE KEPT ON THE SITE OF THE WORK' UNTIL co'r.·.il'LET!ON OF IBE..rROJECT LOCATION OWNER CONTRACTOR O 1825 E MICHIGAN A VE ZOELLER NAT AUE M 33-01-01-15-280-121 1414 OLD MILL RD Zoning District: A EAST LANSING Ml 48823-2154 Phone: Phon_e: (517) 708 7023 Fax: Fax: Inspector. Larry Connelly (517) 483 4363 Lany.connelly@lansingmi.gov Work Description: an office will be framed Wi.th,in the retail area of an existing store,. and the first entry area will be subdivided into twq spaces Stipulatfons: Contractormusf provide a paper copy oft.Tie approv~_d plans bran electronic copy of the approved plans and a suitable means of viewing them for u5e by the inspection ·!itaff. Prim:>ry CQnstructions Type: SB .Primary Use Gr.oup: ,M .Permit Item Technology Fee Com $1-$2,000 Prirnn'?' Z-On\lig Di•tric't: A Proj~ct: JCIA17-00H Work Type Standard Item Standard Item Commercial Fee Basis 1.00 1.00 Fee Total: Amolmt Paid; Balance Due; Item Tqtal $10.00 $90.00 $100.00 $100.00 $0.00 _.1 ..... •~r.· ~ ., c·; ... ("' .J . I r--.:i = (;:' -. -·< (-:i 0 \ ~ ... ~ __ ..,,.,. ,_.,.I () 1-n; ::0 (.,.) CJ] :.~~~ ,-.--1 (J . i-r1 ..... -----,-., ! I; L:.: CONDITIONS UNDER WIUCH BUILDING PERlVilt ISSUED This pennit is.issued upon .the express conditions that t!Je person, firili, or ()()rpci"ration named on t)lis pennit is responsible for all ~liork a·uthorized by this pennit to its completion and that such work shall conform in all respects to the statements certified to in the application for this pcnnit atid that all work shall be.done fa occorda:ncc with the provisions·ofthc stntutes of the State of Michigan and the ordinances and codes of the City of Lansing pertaining to the erection of buildings. µ~ ··.JVfhis ~ermit mny be revoked at ariy time upon violation of said statutes, ordinances or codes. Also, a permit shall be dee.med null and void if e;t)i ~rk 1s not commenced within (6) months of the date pellllit is issued. 1f /t 'Z... /; -~ ~ ·t '1" z.... / ~ 7 P Approved plans and specifications shall remain on the construction· site for all inspections. Any deviation from·the approved plans shall require approval as in the original examination and approval process. Any person who owns, controls. or is in po.ssessiqn of a constru.ction site oi building under construction· shall "maintain the construction site1 building under conslructioli, ana adjacent area free of litter, garbage, debris .aad waste material'' and "maintain.the.street,:road, or high1\rays pdjacent to, or aoutting the construction site ftee of dust; sand, mud, dirt, litter, garbage, debris, or waste material and sweep,s4ch arens at least once.per week. · ICERT!EICATE OF OCCUPANCY: Where a certificate of Occupancy is required, such b\1ilding shaJrnol be occupied qntil final inspection ~as been made and certificate issued, as per Section 110 of the Micl1igan Building Code. SIDEWALKS: installation· of sidewa.lks is the re5ponslbility of the property owner. Contact the Public Service Department.for specific requirements. WARNING: Check deed .restrictions and subdivisfon re5tiicilons before starting construction. ADD!TfONAL SPECTAL NOTE FOR COMMERCfALrrNDUSTRIAL PROJECTS: construction and development signage for new projects shall be subject to the issuance of the building permit and comply. with 1he City ofLans.ing sign ordinance. NOTICE: if this structure is in, or becomes submitted into the city's make safe or demolish process,. issi!ance of any building and/or trade perrnit(s) does not in any way alter the demolition schedule or give· rise to a ca.u~eof action to prevent the demolition ofthis property. The permit applicant/owner assumes any risks and costs associated\Yith obtaining the pennit(s) far lhe property listed aliove. Due to the volume ofinspections, all request for inspections must be received at least 24 hOurs in atlvance. BEFORE YOU·DIG You must call l-800"482-717! at.least 3 working days before digging. Have :the following infollllation available: ~ County, City or Township • Location of work -street address " Intersecting streets/roads + Distance fro.m intersection/dir.cction + Exte11t of work Front/rear/both sides * Dateofexcavatidn +Start iime·ofexcavation *Type of work-· +Caller's name *Contractor -Contact phone number * JJ9ntact ·person -.addi.tiona.l irifonnation Warning adv.i~ory re·: Pressure. Treated Lumber Based on current d-ata ·rrom a number bf industry sources, it is highly recommended that aH m;etal fn .contact with ACQ treated lumber-and other new. generation treated hµnber (not CCA) be ·only 304 or 3 J.6 stainless steel or ACQ compatible material. This includes all Fasteners, Connectors, Flashings, etc~ NOTICE: lf tl!.is structure·or tenant space is ever nssociatcd \vi th the sale1distributiou, process.iog,.stornge, ~r cultiva~o:O of lV!edicnl Mnrihuana, the issuance or approvn~ ofany building and/or1Tadc permit does not in any way.alter any requn:cments unposed by State of Michigan or City of Lansing Jaws as tltey mtiy rela1e to such·11ctivitie~. .-··· ""' ~;> = 4;;,. C ::> (f:. :;::: . . :·----:: :~;··; ,:·J Cil ·-··: ·--" :--·, -, CJ ·-! ,.-, :;:::.1 c .... '..,., U I -~-,,.r".._1 f-i -f ,.--... ' _, ~--; It •f"-::: ! ' :.....___,· .-·.··· ........ ··- BUILDING PERMITAPPLlCATION Perrnff#:'-·l--l: ( /{: ;,i ~:.( City of Lansing Building Safety Office FC #: 316 N Capitol Ave., Suite C-1 ----------:....- Lansing, Ml 48933-1238 Project#: (517) 483-4355 -~..,....--.,...----- LOCATION Address, ') -~-,, ,. I v. t / .-. , l''ll/'C L, ,-...., ~,· .. ~ , .. 1 .. • / ,... -, .·, ./.;,).'/ · <:.;:· • t-"7' ·' ., 0 F WORK TO h-::ro:r-' ""'fl'-"--.;.:.·-> __ .... ,_~·~-.:;.-,-.,....;_-.L-,~..:.-·:....,,,_,__,.'""'··..,::..:•~,...J.r __ ..,..__,.-="':.:.'.::..:".=·~,.."~.-.:..' ~.:;.,;..,..._,:,:-·~':.:.'·:....' -'-'~I}-:..!(~-<-~ BE DONE · Lol No. Subdivision ·Parcel No. Applicant ., ,,... 8" t · '::)(.{ fi,.1 .. {··., ,, -Prope'rty Ownef ' o- Address iS~2:;· e .. ·~·lnh;'f'''"'--r.:J;,,;-1Phone.C«: ":J~f'-7.r'3.·S7•-'(• City, State, Zip L,<1.,_t.i'.-7 (\.l;r '1<91 ·; 5/7-'/d"·· 7D)J Atjqfe'Ss I .Phone City, State, Zip •" .~.';;• ;· ('.'j t~ Y\ Contractor A_ddress ·phone License Number City; State, Zip Exp. D.ate Email·. · Architect/Engine~r . Address License Number City, State, Zip Email· DESGRIBE WORK: For Residential Property: Numberer dwelling units NumberofBedrooms 1--;::::=_., __ ··-1 For Commercial Property: Sq. Footage Fire:· Suppression System? Yes__ No _L~, [~:~·~ .. :~~~I • Applicant .has read, understands; and accepts the conditions in PART.I on the ~everse side. i ~-;g '.~:\ • Residential contractors MUST complete PART II on the reverse side offh1s form. 1(~~ ~· :.:::t;j section 23a oil ha Stale Conslruclfon Code Acl of 1972., 1972 PA 230, .MCL 125.1523A; prohibits? persorifrom (}) i:::?,_ c -:::.:.>J conspir-lng to circumvent !hn llconsirig requiremon!S oflhls stalnioliltirig to persons who ore to perform work :,))< ... < '1' on a reslc.leritlal bulldllig or a resldcnllal·strui:.luro. Violators of Soctlon.23a arc ,s.ul;ljcct to,.clvil fines, '*' :.-:j :i;")r .......... .. ,. ... I .... ::<:;~~---.--·~~~;:;::-,:-· Y'. ·-~~ -/-7 J <:~:_0~~~~j _____ :,__, ______ . - ·-· -FOR OFFICE USE ONLY · . . · .. o New Building (Coni) o Convert . Val.u.a~ion of Work~ U ,i'.)tJU · uJ . o New Building (SFR) oSidlng o Tear Off & Re-roof o Foundation Only o Addition o Alteration o Repair oTear-oul o Garage/Carport o Dec~/Pori::h o Mobile Home Set•up o Pool o Other ______ _ o lnvesligatlon F13e o Certificate of Occupancy Required o Community Development Program o Residential Rental CONSTRUCTiON TYPE _____ l!SE GR0UP ____ ~- ZONING DISTRICT LAND USE_·~---'----- PROJECT IS IN THE FLOOD PLAIN: 0 Yes. 0 No COMMENTS Plan Review Fee $ ..... - _,. ........... ,..,., .. -;/""-· -,....--~- • • • \ ... ·"i .:· .! .1•; ·~~ Bu!ldmg Permit Fee $ / ;_,..: ..-: , (./ Te~hnology Fee$ 10.00 {Alt Building.Permits) Building Permit $"""2~5~.Q=· O"""'"*-'*'--"'------ Appilcation Electronic Convers.J;on. $ .. TOTAL FEE$ /('( )/...,.j,).-.(""")r-.. -r-~----"'-,- :> APPROVALS DATE C'~ •.._•.' ·-·•..:. Zonlrig_--T'----'-,F-....,.....-f.-"---+-~"---:..::;."" .e ices apply only lo Jlc'erised conlrac~rs 1~: Parmll lypas lhat can be obtalnnd onllne.(~~ofln·g~ Siding And Rooting ~nd Siqing) ;:..~ = p ·1 (..J ( ... .fl Building Permit-Page 2 012 PARTI t~~v.~!~~~ asn~et~~~~~ warr~~t thrall ft~tement.s made ~by me in this. application are correct to th.e best qf my from any and all da,'.nag~~~sr era ran o egrantrng of this permit; I agree to save the City of Lansing harmle.ss /~,e~bd.~ agree Id fcohnstr~cl said WC?rk In ~II respects In compliance with. the-Statutes of the State of Michigan and e r rnances o t e Crty of Lansing, Michigan . · · I do hereby agree to 1o.ca1e 1f1is building on the lot so tha1 it will oonform with·cill Zoning and .Buildihg regula-~ons. All in(ormalion submitted on !his !3PPlicalionis accurate to the ·best of my knowledge. PARTll Sec.ti on· 23a of· the State C~ns~ructlon Code Act. of 1972, Act No.-230 of the Public.Acts of 19l2, being Section 1~5.15Z3a_ of the Mrchrgan CoTl)plie.d Laws, prohibits a person.from conspiring to.Circt.imvenl . th~ li?ensing re~urrements of this state relating to persons who.are to perform ·work oi:r a residential. . burldrng or a resrdentlal stn.Jcture. Vi9lators of Section 23a are subject to civ.11 fines. · FOR RESIDENTIAL CONTRACTOR ONLY: Appli~ant.ls respb~sible for thepayment of all fees and charges applicable to thts appiication and must provide the following rnformatron. . . Name Phone Address I C.ity · 1 State I Zip Federal 1.0 .. No. '/vlESC Employer Number or Reason for Ei<~mpUon Worker's Comp. Insurance Carrier or Reason For Exemption -.. . I hereby c·ertify that the proposed work is auth.orizeo by the owner of rec.or9 arid lhat"l have been authorized by the owner to make this application as his at:1thorizeo·agent, and we ~g"ree to conform fo all applicable laws of the Slal.e of Michigan. All information submitted on.this applicatloh is accurate to the best of my knowl~dge. Section 23;;1 of the State Construction Code Act of 1972, Act No. 230 of the Public Acts of 1$72, being Section 125.1523a of the Michigan Complied Laws,.prohlblts a_persqn frolT! consplririg t<i i;:i(cumvent the licensing r.equirements of this state relating to persons who <ire to perform wo·rk op a resldetttral building .or·a residential structure. Violators of Section 23a are subject to clvilflnes. Signature-of Applicant I Appllcallori Date · 1 nvestlgcition fee.: Whenever any work for which a permit is required by Cod~ has pee~ q_9mmence'i{~lth~i;it first 6btalnlng said permit; a $peciaHrivestigation shall be made before. a permit may be .1ss~ed-for. s~~~ wo~ An investigation fee, in addi.tlon to the permit fee\, shall be colleded whether. or not a p~rmlt 1s t~en o~.s.ubs~,~7~t!Y-.-: issu.ed. The payment of such investigati?n fee sh;;ill not exempt any person from i:;pmplrance with all ?!~er p~v1s1~.r:i.s1 ofthe Code· nor from any pen13lty pr.escrrbed _by law. ·".. c-) ·:-) C) liJ EffecUve July 1, 2016 Las\ Upda\e 09112/2016 -< ·~ ; I; Department of Planning and Neighborhood Development 316 N. Capi101·Avc., Suire C-1-Lansins, Ml 489JJ-12J8-(517)4B3-4J55-Fax(517) 377.-0169 Robert Johnson, Direclor· www.lonsinsmi.gov Virg Bemero, Mayor Building Safety Office ZOELLER NAT.ALIE M 1414 OLD MI.LL RD EAST LANSING, MI 48823-2154 EXPIRING PERM'.IT NOTICE Re: 1825 E MICHIGAN A VE To whom it may concern, Please be advised that our records indicate that the permit that you have secured for the above address has expired. Please call for an inspection or submit a written request to have the permit extended. Permit No. PBl 7-0420 Expiration Date 10/09/2017 Work Description: An office will be framed within ·the retail area of an existing stpre, and the. first entry area will be subdivided into tWo spaces Please contact the inspector checked below to sehe:dule your inspection; §Steve Swan John Giover Brian Carter Brian Shields Dave Burton 517-483-i1'365 517-483"4366 517-483-4369 5'11-483-4577 517-483-4367 .Jon Snyder . Chad Wakley . <:;hris Blackburn · Larry Connelly Mike Thompson ST?-483-68:37 517-483-4364 517-483-4371 517-483-43.63 517-483-4368 Ifymi feel yo~.have received this noticdnerror, please contact the inspectoi"·aboV.e. Than~. you. RIOS.5 Eve1y per.mil issued sfiol! beconie inva./id unl!lss the 1i~or~ au"thorized by.such permit· is comme11c~d within 180 days after Jts issuance, or if the work aulhdtized by such perli1il ls suspended or abanc!oMcf for a p°lii-iod of 180 days after the fii11e t~e work is commenced The building official Is aut/rorized to grant, !11 writfng, one or mor.e· extensions of tillie, for periods no/ ·more than. /BO days each. The eitension sfuifl be requested In wrlfing and justifiable cause demonstrated. 1- ;.L::~ .... c:. .r·-._ ~. : ' ( .... _, ·-f -::: r,, ... __ I !7j :;CJ i°"...) = r..:.::i : .. -,, . ..., -·~-; -~ 1-· -· ! ; i -\ CJ ; r--. ; 'I .:·"'"'.:l ~-~.:. ! ;-·1 .·--.. ' . -·-· (,._) U ; AFFIDAVIT OF SIMON ZEINER ST ATE OF MICHIGAN ) ) COUNTY OF INGHAM ) I, Simon Zeineh, Affiant herein, swear and affirm as follows: 1. I make this affidavit based on my personal knowledge of the facts and events stated below, and if called to testify, I am competent to testify to these facts and events. 2. I am authorized to lease the property located at 1825 E Michigan Avenue, Lansing, Michigan 48912. 3. I have leased the property pursuant to a lease agreement dated December 1, 2016to1NT Industries, LLC. 4. TNT Industries, LLC does business under the name "Capital Wellness." 5. I authorize the tenant, TNT Industries, LLC to be used as a medical marihuana provisioning center under the Medical Marihuana Facilities and Licensing Act, Public Act 281 of 2016 in a lawful and license 6. I declare that the statements above are true to the best of my information, knowledge, and belief. 6~ Simo~t STATE OF MICHIGAN ) ) § COUNTY OF INGHAM ) On this 14111 clay of December, 2017, Simon Zeineh, Affiant, personally appeared, known to me (or satisfactorily proven) to be the person whose name is subscribed to within this Affidavit, and being first duly sworn, deposes and says that he has read the foregoing Affidavit subscribed by him, and that the matters stated herein are true to the best of his information, knowledge, and belief. r-· -:;, --~ (./) --- ~-. _, ( . -.! :Cmdsa ontalvo, NotaryPublic Ingham County My Commission Expires: Marc~ 6, 2023 -~, C'J 1- P l r--~) = C:";) ---< C) ::.~ -.!.i. :::::.') (•,) ( } •J ·-·-, ....... -n·1 1.---:.i Pl r.-~ ' I : ' ' ~-· Biehler, Deb From: Sent: To: Swope, Chris Sunday, April 08, 2018 5:49 PM Bruce Rosenthal Cc: Biehler, Deb; Yankowski, Michael; Jackson, Brian; CityAtty; Abood, Joseph; Robert Ficano; Ray Sagmani; Melissa Cupp Subject: Re: Supplement To Appeal per FOIA request-1825 E. Michigan Ave. Capital Wellness Publicly available City an county records (assessor and register of deeds) seem to show Natalie Zoeller as the owner of 1825 E Michigan. Is there any evidence that Simon Zenich is the owner? Thanks Sincerely, 1° ==------·----1 Chris Swope, CMMC/MMC Lansing City Cler!( 124 W. Michigan Ave, 9th Floor Lansing. MI 48933-1695 Main: (517) 483-4131 Direct: (517) 483-4130 Fax: (517) 377-0068 chris. swope@.lansingmi.gov www.lansingmi.gov/clerk WW\v.facebook.com/LansingClerkSwope Sent from my iPhone (J) c-:· --j - , ,...__: CONFIDENTIALITY NOTICE: This email contains information from the sender that may be CONFIDENTIAL, LEGALLY PRJVILEGED, PROPRIETARY or otherwise protected from disclosure. This email is intended for use only by the person or entity to whom it is addressed. If you are not the intended recipient, any use, disclosure, copying, distribution, printing, or any action taken in reliance on the contents of this email, is strictly prohibited. If you received this email in enor, please contact the sending paity by replying in an email to the sender, delete the email from your computer system and shred any paper copies of the email you printed. On Apr 8, 2018, at 4:03 PM, Bruce Rosenthal <bruce.rosenthal@att.net> wrote; Dear Mr. Swope, Attached please find our Supplement To Appeal and Request for Hearing on 1825 E. Michigan Ave, pursuant to our FOIA request and response from the Lansing City Attorneys Office. Please include this with our ,L\ppeal package. Thank you for your attention to this matter. Very truly yours, Bruce F Rosenthal, Esq . Bruce Rosenthal, PLLC 4301 Orchard Lake Road Suite 180, PMB 116 West Bloomfield, Ml 48323 Office Phone: 248-430-0804 Office Fax: 248-432-7644 Cell Phone: 248-464-9803 E-mail: bruce.rosenthal@att.net <Supplement to Appeal-Capital Wellness.pdf> ( ,., ·~. ' .. _ I -· 2 ·--~·.: -.. w UJ .:D i'T[ C") :--;--, .. ,::: WARRANTY DEED The Grantcir, 'Natalie M. Zoeller Trust, whose address is 1350 East Lake Lansing Road, East Lansing, Michigan 48823, conveys and warrants to Zinco, Inc., a Michigan corporation, whose address is 2800 E. Grand River Aven.ue, S.uite 8, Lansing, Michigan 48912, the following described premises (the "Premises") situated in the City of Lansing, County of Ingham, and State of Michigan: The Northwest corner of East Michigan ,II.venue and Horton Street, being sixty-nine and one-half (69%) feet on East Michigan Avenue and one hundred five (105) feet on Horton Street, more particularly described as follows Commencing at a point fourteen (14) rods and eight and .onechalf (8%) foet West of the Southeast corner of the northeast Y. of S.ection 15, T4N, R2W; thence North thirteen (13) rods; thence West sixty-nine and one-half (69Yz.) feet; ·thence South thirteen (13) rods; thence East sixty-nine and one-half (69 1/2) feet to the point of beginning, except the North one hundred nine and one-half (109%) fe~t thereof; more commonly known as 1825 East Michigan Avenue, Lansing, Michigan 48912; for the sum of ONE HUNDRED FIFTEEN THOUSAND and N0/100 DOLLARS ($115,000.00). Dated this 31st day of March 2017. SIGNED: ~'} ") NATALIE M~ZOELL R TRUST ... ~···.~. An'ri M. Smith Trustee 1·-- ··-... .. er: ..• ·' l:-:·. -.. ----·-----------'· ' .. i- · r-l ; ::; -- "' l~"} C1.:l - r· :"'.'.1 .... -...... , ,.,. .-.. \_) --.:: r-11 .., () :-.i ::.:R: ... --·· ... ··--: .... :--,.... . : I : [~~-, (.,) 0 STATE OF MICHIGAN ) ) SS COUNTY OF INGHAM ) The foregoing instrument was acknowledged before me this 3151 day of March 2017, by Ann M. Smith, T rusiee of Natalie M. Zoeller Trust. SEND SUBSEQUENT TAX BILLS TO: Edwar Zeineh 1825 E Michigan Avenue LLC 2800 E. Grand River Avenue, Suite B Lansing, Michigan 48912 THIS DOCUMENT DRAFTED BY: Joseph P. Maguire Wolverine Development Corporation As Agent of Grantor 1350 East Lake Lansing Road East Lansing, Michigan 48823 AFTER RECORDING RETURN TO: Edwar Zeineh Zinco, Inc. 2800 E. Grand River Avenue, Suite B Lansing, Michigan 48912 -------------- J!ll°E. Qaly , . / .. Ndtarf Public, Shiawa see County, Michigan Acting in Ingham County, Michigan My Commission Expires: July 12, 201.:r.:~z~ Jll.lE.OAlY "NOTARY PUBLIC, STATE OF I.II COUITTY OF SHIAWASSEE ;i;r COlll!.1JSSION EXPlfli'1SJU112, 2023 ACTlilG IN CQIJNWOF c"1i/) C:>_f)O.'V'A. !~. _:-c, ;·•1 C ) fil ... -;--·· EXHIBIT ''10'' ~j.J ~~ -~~~; ~· -~ -< r-·: -·i 0 c, Fl -.:.; :::;-; ... --:::: '" ~-.• r-.-. -~..!. , i • ,--... . . · . .. -.. c·--, i - · \ __ i'1 .• :;.:; c~· :;....·~ 0 ~ Biehler, Deb From: Sent: To: Bruce Rosenthal <bruce.rosenthal@att.net> Sunday, March 18, 2018 10:29 AM Swope, Chris Cc: Biehler, Deb; Jackson, Brian; Yankowski, Michael; CityAtty; Abood, Joseph;. Robert Ficano; Ray Sagmani Subject: 1825 E. Michigan Ave., Lansing, MI 48912 Attachments: Notice of Appeal-Request for Hearing.pdf; Freedom of Information Act (FOIA- Request).pdf; E-mail Request for Documents from City.pdf; FOIA-Acknowledgement.pdf Re: TNT Industries, LLC-Raman Sagmani 1825 E. Michigan Ave., Lansing, MI 48912 Dear Mr. Swope, As you are aware Mr. Robert A. Ficano and I represent TNT Industries, LLC, Raman Sagmaru and Capital Wellness in regards to their application to operate a Medical Marihuana Provisioning Center in the City of Lansing at 1825 E. Michigan Ave., Lansing, MI 48912. It has come to our attention that our appeal of the denial of licensure has been received by your office and that all information or exhibits to be considered must be received by your office by March 23, 2018. We cWTently have pending with the City of Lansing a Freedom of Information Act ("FOIA") Request Number 18-309. A copy of the FOIA Request and the acknowledgment by the City Attorney's office is attached hereto. The requested documents many not be available until March 28, 2018 and we need time to copy and review said requested documents making the proposed date of March 23, 2018 impossible to meet. We further object to the proposed denial and request to cease operations as all the information needed by our clients and the City of Lansing have not been provided and reviewed as of this date. Thank you for your attention to this matter. If you have any questions or comments please feel free to contact me via e-mail or cell phone at 248-464-9803. Respectfully submitted, Bruce F. Rosenthal, Esq. Bruce Rosenthal, PLLC 4301 Orchard Lake Road Suite. 180, PMS 116 West Bloomfield, Ml 48323 Office Phone; 248-430-0804 Office Fax: 248-432-7644 Cell Phone: 248-464-9803 E-mail: bruce.rosenthal@att.net r-··· ·:-:., i ...... , r.:::> (/) C:'.) - ·---~ L -_, --<: c·~ -· G\ ·-~ :::--, ---C:: ,~-· 1 ill ,...;:-J (0 : .. J'~ 0) .::1~1 -~·-: ! (.--:1 r j-1 ..:.'-(::: ('T! ' ' .... _ ...... BRUCE F. ROSENTHAL, ESQ. ROBERT A. FICANO, ESQ. March 5, 2018 Mr. Chris Swope Lansing City Clerk Lansing City Clerk's Office Ninth Floor, City Hall 124 W. Michigan Ave. Lansing, MI 48933-1695 City .clerk@la.nsingmi.gov ATTORNEYS AT LAW 4301 ORCHARD LAKE ROAD SUITE 180, PMB l 16 WEST BLOOMFIELD, MI 48323 (248) 464-9803 PHONE (248) 430-0805 FAX Email: bruce.rosenthal@att.net Re: Appeal 1825 E. Michigan Ave. Ceriifi.cate of Occupancy as a Retail Group Muse. NOTICE OF APPEAL REQUEST FOR HEARING r .... , l::-....) Now comes TNT Industries LLC c/o Raman Sagmani, by and through its attorneys Roberi A. Ficllllo <md Bruce F. Rosenlhnl arid for their appeal and request for Hearing state as follows; 1. On February 21, 2018, the Lansing City Clerk's Office issued a letter to TNT Industries LLC located at 1825 E. Michigan Ave, denying its application to operate a Medical Marihuana Provisioning Center in the City of Lansing at 1825 E. Michigan Ave. (a copy of which is attached hereto as Exhibit "A"). 2. On February 22, 2018 Bruce F. Rosenthal issued our initial response to the above described denial. Mr. Sagmani and his architect had been working with the City of Lansing Department of Planning and NeighborJ10od Development Building and Safety Ofii.c;:e specifically Mr. James Bennett. We submitted revised project information to PZE on our Commercial Plan Review as recently as February 20, 2018. (a copy <?f the letter is attached hereto as Exhibit "B"). 3. A copy of the Revised Project Information as provided to the Department of Planning by our architect Ms. Liz Harrow is attached hereto as Exhibit "C". All fees and requirements have been fulfilled by TNT Industries LLC. --·-, ,r .,) 4. On February 28, 2018 lv!r. Ficano and Mr. Rosenthal traveled to the City of Lansing Department of Planning to meet with Mr. James Bennett to discuss the submitted plans in compliance with the requested Certificate of Occupancy. Mr. Bennett was unable to meet with us and it was suggested that we meet with Mr. Jonathon Snyder Chief Plan Review Analyst, we asked for Mr. Snyder and he was not available so we left our business cards and asked Mr. Snyder to contact us. We have attempted to contact Mr. Snyder several times but to no avail. On March 2, 2018 Mr. Ficano sent an e-mail to Mr. Snyder about the issues at hand (Please see e-mail dated March 2, 2018 attached hereto as Exhibit "D"). As of the date of this Appeal no response from the Department of Planning has taken place. 5. Upon information and belief the facility in question located at 1825 E. Michigan Ave. had the required Ceriificate of Occupancy via the previous owner. We are seeking through the Department of Planning all records of prior certificates, requests and building permits issued and inspected. 6) Upon information and belief in calendar year 2017, TNT Industries LLC through their contractor drew, fulfilled and completed permits for construction of the property. Nounal course of conduct would provide that if a Certificate of Occupancy was not present then the building permits could not be issued and completed. This is one of the reasons we contacted the Department of Planning to obtain the history on this address. 7) We have sought compliance with all areas of our Medical Marihuana Provisioning Center Application with both the City of Lansing and State of Michigan and to date have provided all requested information. 8) We believe it would be highly prejudicial to deny 'INT Industries LLC application with the City of Lansing without a complete review of all records and a Hearing to detennine the issues of compliance. We respectfully request a Hearing on this matter and to be provided with all documentation at the City of Lansing seeking compliance with or affirmation of the existence of an appropriate Certificate of Occupancy as requested in Mr. Swope's letter of February 21, 2018. Thank you for your attention to these miHters. cc: M. Y ankowski J. Smietka M. Cupp-RWC R.Sagmani L. Harrow Very truly yours, Brnce F, Rosenthal, Esq ;-- 1'-.J = • Robeit A. Ficano, Escf,) C:1J '. -. :i~._, .--,,) -'.; r·-r-·· LI : c ·, n fTi ::::i "·~ 2 -·· r-1-! C. __ : (..) 01 City of Lansing OFFICE OF THE CITY ATTORNEY James D. Smiertka, City Attorney Bruce F. Rosenthal bruce.rosenthaI@att.net March 14,2018 Sent Via Email RE: Freedom of Information Act ("FOIA") Request # 18-309-1825 E. Michigan Ave Dear Mr. Rosenthal, The City has received your request for public records under the Michigan Freedom of Information Act (FOIA). Jn order to determine whether the City possesses records responsive to your request, we are extending the time for responding to your request by ten (IO) business days, as pennirted under MCL 15.235, Section 5(2)(d). Therefore, a written responsewill be issued on or before tv!arch 28'h, 2018. lf you have any questions concerning this mat:ter, please fee( free to contact our office at the address or phone number below, and enclose a copy of this correspondence. Please be advised that tho City has adopted Procedures and Guidelines and a Written Public Summary, both of which are available on the City's website at: hnb:;://www.lc.m1ingmi.gov/DocurnentCenter/Home/View/6 l 8 h ttos://w;vw. lansimzmi. gov /DocumentCenter/HomeNiew/415 Sincerely, Amanda O'Boyle Office of the City Attorney AKO ,-:::.> (_.:;. -- L. (··:- ~ ·- n r-· (ij Fifth Floor, City Hall • Lansing, Michigan 48933 • (517) 483-4:320 • Fax (517) 483-4-081 • dtyatty@Jansingmi.gov .-....:; 1.,-::::J G,"J ...,.... ·'-~c CTi :;;:-!I (_ . .) ()'1 :.::i:.·· _, r··-· ! l ~ t:-:; .--; ; ' ---·--e:: rr: C ... Subject; FOJA 18-309 From: O'Boyle, Amanda (Amanda.O'Boyle@Jansingmi.gov) To; bruce.rosenthal@att.net; Date: Wednesday, March 14, 2018 5:22 PM Dear Mr. Rosenthal, Please find attached an extension letter relative to your FOIA request, 18-309. Amanda O'Boyle Assistant City Attorney City of Lansing -Office of the City Attorney 124 W. Michigan Ave. I Lansing, Mr 48933 0: 5 I 7-483-4320 E: Amanda.O'Bovle(allansingmi.gov Website I Facebook r Twitter I Instagrarn :-::.• --·;·· ~r: .. ("") 1 r 01 .,..'., .. ! .. ,,..."\ J T] C) fTi Attachments • Extension Letter.pdf (334.87KB) • imageOOLpng (9.68KB) r~-- ·--"-.J ~ .... ·, C..-::> ( .... .... ; ... :::.. ) r-r: c-:. ; j EXHIBIT ''11'' :---· ~ r-0 .~~·-" C-.....J / ,/'· //' // ./ / Subject: RE: 1825 E. Michigan Ave . .il ' From: Snyder, Jon (Jon.Snyder@lansingm(.gov) To: bruce.rosenthal@att.net; Cc: City.Clerk@l~nsingmi.gov; robertficano@aol.com; Amanda.O'Boyle@lansingmi.gov; Date: Wednesday, March 7, 201B 3:1B PM Mr. Rosenthal, It is understood by the City of Lansing Building Safety Office that in order for us to pull a building pe!Dlit file for review or for copies. a FOIA. request needs to be asked in writing from our City Attomey's Office. A file can be pulled for review or digital copies can be made of the file. Please contact Amanda O'Boyle at: 517-483-4320. Respectfully, Jonathon Snyder Chief Plan Review Analyst Department of Economic Development and Planning -Building Safety Office 316N. Capitol Ave. Suite C-1 Lansing, Ml 48933-1238 0: 517-483-68371 E: Jon.Snyder@LaosingMi.gov Website I Facebook I Twitter/ Instagram ["'"-- .. !.? - U .' -~·. ·-:,I C") ... -·· -· -:' - :- · ,--- :11 ;:n ......, = C'-:l -· -:: G-1 ~:: (0 a·: :;() IT; C' ~-; -; .. .~ ...._ f"T! l__.: EXHIBIT ''12'' r~-.. ]_;.-. ~ ~-~~. ~~ ~~~ :--"1 • . ..... -:-· 1---·-· ~ .. ~ ~~ .. ; I ( ;.';) (~) :'...': O '> BRUCE F. ROSENTHAL, ESQ. ROBERT A. FICANO, ESQ. RECEIVED MAR OB tam March 8, 2013 FOIA Coordinator Ms. Amanda O'Boyle Assistant City Attorney 124 W. Michigan Ave. Fifth Floor ATTORNEYS AT LAW 4301 ORCHARD LAKE ROAD SUITE 180, P:MB 116 WEST BLOOMFIELD, MI 48323 (248) 464-9803 PHONE (248) 430-0805 FAX Email: bruce.rosenthal@att.net FREEDOM OF INFORMATION ACT (FOIA-REQUEST) Lansing, MI 48933 FOIA.Reguest@Lansingmi.gov Fax No. 517-483-4018 Re: 1825 E. Michigan Ave. Lansing, MI 48912 Dear Ms. O'Boyle, ~-·-r-..:> > C:::."1 = (./; -· ,;; -· ... --::.: :.:::~ (-.'\ m ,., .,. •. ' , , __ ' ;i-; :::J ( .. ) ~" f'• o··} ~~··· Please be advised tho.t Robert A. Ficano and I represent TNT Industries, LLC and Mr. Raman "'Sagmani with respect to their leasehold interest at 1825 E. Michigan Ave., Lansing, Ml 48912. It was suggested by Mr. Jonathon Snyder from the Department of Economic Development and P!anning- Building and Safety Office that his FOIA request be directed to you at the Lansing City Attorneys Office. I have attached :Mr. Snyder's e-mail referring this request to your office. Under the Michigan Freedom ofinfomiationAct we are requesting an opportwlity to obtain copies of aJl records from the City of Lansing Department of Economic Development and P!anning- Building Safety Office for any and all correspondence as they relate to 1825 East Michigan Ave., Lansing, Mt 48912 from the time period of January 1, 2017 to today's date. This request includes all applications, permits and notifications in the city's files, including but not limited to Permit Nmnber PB 17-0420 and any permit notice letters issued in this matter. . Ple~se notify me of any costs or fees associated with this FOIA request and they will be paid. In addition :if there is a denial of any part of this FOIA request please notify my office, or my cell phone at 248-464-9803 or e-mail at bruce.rosenthal@att.net Th~nk you for your attention to this matter and your anticipated cooperation is greatly appreciated. --.............. ) r·r-: C..1 [Tl ,~-... ~-r,-~ c-: Very truly yours, Bruce F. Rosenthal, Esq. cc: Robert A. Ficano, Esq. Mr. Raman Sagmani . I'-· ].:: f'.,.) C.::::> (.; ) C J ~I·::. :--.1 =:-::::::. '--' f"; ! ~--. -; V I \. ) ·---- · ; I I ... ~ .::--., ..:--·---C) fTI r---C:J ;--:1 -·7-(,..J .. -~~.I CT~ EXHIBIT ''13'' ;:-- i=· ~=~ Subject: 1825 E. Michigan Ave. From: Bruce Rosenthal (bruce.rosenthal@att.net) To: Jon.Snyder@lansingmi.gov; Cc: city.clerk@lansingmi.gov; roberfficano@aol.com; Date: Wednesday, March 7, 2018 8:47 AM Dear Mr. Snyder, As your are .aware Mr. Ficano and I represent TNT Industries LLC and Raman Sagmani. Permit Number PB17-0420 was applied for and issued on April 12, 2017. The applicant on said permit was Ray Sagmani at 1825 E. Michigan Ave., Lansing, Ml 48912 (a copy of which is attached hereto as Exhibit "A"). Mr. Sagmani by and through his architect Ms. Liz Harrow submitted updated drawings and plans to be compliant with the Lansing City Code and 2012 Michigan Building Code. Mr. Sagmani was not given notification of the expiring permit and never received the expiring permit notice letter that you reference in your March 5, 2018 email to Mr. Ficano. It i.s our position that as the applicant and the person who paid the project fees for Permit Number PB17-0420, Mr. Sagmani at 1825 Michigan Ave. should have .received the December 20, 2017 Notice. We would respectfully request a review of your entire file on this matter In order to complete our response to the issues at hand. Please let us know when this· information will be available. TNT Industries LLC and Mr. Raman Sagmani have been and continue to seek full compliance with all Building Codes. Thank you for your attention to his matter. Very truly yours, Bruce F. Rosenthal Bruce Rosenthal, PLLC 4301 Orchard Lake Road Suite 180, PMS 116 West Bloomfield, Ml 48323 Office Phone: 248-430-0804 Office Fax: 248-432-7844 Cell Phone: 248-464-9803 E-mriil: bruce.rosenthaf@att.net Attachments • Exhibit A.pdf (849.85K.B) i-·· -· ...... _, .-c..-;;, (_ ·) = , I ..... -·· c;~; ~ 1:-) c,-1 --·- ..... -r ~~ :J~ c-:: 1--Iii .. :::::J (_.J -.j :J:: ,_.,.t c-:.) r-...-1 0 -I c ----r~,~ (~ EXHIBIT ''14'' :- :_ :----....i ~-· C::-.:> ·-· -,. : . c::::.i ~:~. ·~ ~~ ~: :.~ ·;.:-; - ·: !-.·i - · -r--, ('~ Ct) ;:.,.::; ~ ~:: ~~~ n --;-: ,---;-: ,_. r .-; '".'-J C.,.) :.'7. I ---. Biehler, Deb From: Sent: To: Bruce Rosenthal <bruce.rosenthal@att.net> Tuesday, April 10, 2018 7:22 AM Swope, Chris Cc: Biehler, Deb; Yankowski, Michael; Jackson, Brian; CityAtty; Abood, Joseph; Robert Ficano; Ray Sagmani; Melissa Cupp Subject: 1825 E. Michigan Ave.-Capital Wellness Appeal Dear Mr. Swope, In response to your email of April 8, 2018, our appeal is partially· based upon failure to receive notice of the City's Expiring Permit Notice sent to Natalie Zoeller at 1414 Old Mild Rd., East Lansing, Ml 48823. My client has no contact with Ms. Zoeller and did not receive notification from her. On our Building Permit Application we list Ray Sagmani as applicant located at 1825 E. Michigan Ave., Lansing, Ml 48912 which is the property address in question, and Simon Zeineh as property owner. Upon information and belief Simon Zeineh is the Landlord, Property Manager and deed holder. This is evidenced in our Commercial Lease Agreement for 1825 E. Michigan Ave., Lansing, MI 48912 which was made part of our application to the City of Lansing. Thank you for your attention to this matter. Very truly yours, Bruce Rosenthal Bruce Rosenthal, PLLC 4301 Orchard Lake Road Suite 180, PMS 116 West Bloomfield, Ml 48323 Office Phone: 248-430-0804 Office Fax: 248-432-7644 Cell Phone: 248-464-9803 E-mail: bruce.rosenthal@att.net (/) = --... .... -· ··- 1.,__.1 1 EXHIBIT ''15'' --< 5~ ~~· CJ .--t-; i_..... ,._ ,_,. ...... _ .. I• J :::c· GJ ::.. : ..; April 19, 2018 TNT Industries LLC c/o Raman H Sagmani 4315 Willow Creek Dr Troy, Michigan 48085 Dear Applicant, Chris Swope Lansing City Clerk i'-·· :·">· (/."J c· . " , ..... ~ ... c: .. 1-n• Pi ;::") ·- I have reviewed the report and recommendation of the hearing officer on your appeal of the denial of your application to operate a Medical Marihuana Provisioning Center in the City of Lansing at 1825 E Michigan Avenue. I have determined your appeal is denied. You have the right to appeal this denial of licensure to the Medical Marihuana Commission with in thirty (30) days of the date of this letter by filing a written statement to the Commission with the City Clerk's Office. The Commission's review of an appeal shall not be de novo . The Commission shall only overturn, or modify, a decision or finding of the Clerk if it finds such decision or finding to be arbitrary or capricious and not supported by material, substantial, and competent facts on the whole record considered by the Clerk in arriving at such decision or finding . Chapter 1300 provides that should the applicant not receive a license, one- half the application fee shall be returned. This refund will be processed after all appeals are exhausted. If you have begun business operations pu rsuant to State Emergency Rule 19 and Executive Order 2017-02, you must cease operations. Operations may Lansing City Clerk's Office Ninth Floor, City Hall, 124 W. Michigan Ave., Lansing, Ml 48933-1695 517-483-4131 517-377-0068 FAX www.Jansingml.gov/clerk city.clerk@lansingmi.gov ,....__, c.::::i = " ::.:~ I ... --'. I '· i-i-; Ol C) fT1 ;:_-, ·< [T! '·-.. ..' (.,_; -.J resume only if your appeal is granted and the requirements of the temporary operation are satisfied. Sincerely, ~~ Chris Swope, MMC Lansing City Clerk cc: M. Yankowski, Lansing Police Chief J. Smiertka, Lansing City Attorney Lansing City Clerk's Office Ninth Floor, City Hall, 124 W. Michigan Ave., Lansing, Ml 48933-1695 517-483-4131 517-377-0068 FAX www.lansingmi.gov/clerk city.clerk@lansingmi.gov ' :,-c~ ( 1-_, ~-' ,. ...... '~ ,,. -( c·~) 1- · 17; ~;:; -· . ...-:-, ! ......... ) C---=> = -~ -.. CJ', :-, -.. c.0 -.! ---., .............. ~-,-i r~ '· ~' r-ri <:.:~ n·: ,__, EXHIBIT ''16'' Subject: 1825 E Michigan Ave.-Capital Wellness Appeal From: Bruce Rosenthal (bruce.rosenthal@att.net) To: chris.swope@lansingmi.gov; deb.biehler@lansingmi.gov; michael.yankowski@lansingmi.gov; brian.jackson@lansingmi.gov; Cc: cityatty@lansingmi.gov; joseph.abood@lansingmi.gov; robertficano@aol.com; rsagmani@comcast.net; cuppm@rwca.com; Date: Wednesday, April 11, 201 B 8:41 AM Dear Mr. Swope, As a follow up to your question about Natalie Zoeller as owner of 1825 E Michigan Ave, unfortunately she passed away on August 7, 2016. A copy of her obituary is attached. Thank you for your attention to this matter. Very truly yours, Bruce F Rosenthal Bruce Rosenthal , PLLC 4301 Orchard Lake Road Suite 180, PMB 116 West Bloomfield, Ml 48323 Office Phone: 248-430-0804 Office Fax: 248-432-7644 Cell Phone: 248-464-9803 E-mail: bruce.rosenthal@att.net Attachments • Zoeller Obituary.pdf (348.89KB) ' :;> ('-.) c=."I r:_r._1 = .:t7: _ .... ~-:-c f;:~ r-j- C') c-1 C) -:-n .. ::-, -~ ........... r..-; -·· rn I""· -1-· '-· 111 .. ....... ) c..v -· ·, -..J 4/11/2018 Natalie Zoeller Obituary -Lansing, Ml I Lansing State Journal FUNIHM l HOMES MJ!MORIALS SERVICES OigniXY" Gorsline Runciman Funeral Homes 900 East Michigan Ave Lansing, Ml 48912 (517) 482-1533 c;JWebsite 9 ViewMap $ Send Flowers For more Information about NATALIE ZOELLER View Funeral Home Obituary · See Services Detail RESOURCES II More Obituaries for Natalie Zoeller Ii Looking for an obituary for a different person with this name? Natalie Zoeller 1924 -2016 " Obituary > Condolences Natalie Mcquire Zoeller East Lansing Natalie Maguire Zoeller, 91. of East Lansing, died August 7, 2016. She was born in Lansing on September 28, 1924 to Bruce and Vera Maguire. She was married to and predeceased by Robert "Moe" Zoeller. Natalie proudly graduated from the Universl!Y. ofMichjgQ!l with a degree in Economics. She was a member of St. John's Church and Student Center and St. Thomas Aquinas in East Lansing, while supporting churches near Gull Lake, Michigan and Barbados. She supported many charities, but she was most passionate about helping children. She played a wicked hand of bridge and loved crossword puzzles. She loved hot weather and could always be found sitting In the sun, sunscreen was usually optional unless It was between 12 and 2 pm. She was predeceased by her daughter Mory Elizabeth and will be greatly missed by her five children: Pam Czubak; Trish Cunningham; Michael (Missy) Zoeller; Jeffrey Zoeller and Amy (Mike) Smith. She is also survived by 12 grandchildren: Andrea (Joe) Seckman; Brion (Saro) Czubak; Stephen (Ashley) Czubak; Edward (Rachel) Cunningham; Erin Cunningham; Lindsey (Kevin) McMillan: Robert Zoeller; Samantha Zoeller; Eric Smith; Matthew Smith; Joshua Smith; Hayley Smith and 11 great-grandchildren. A visitation will be held on Wednesday, August JO from 5 pm to 7 pm, with a rosary to follow at Gorsline Runclman Funeral Homes, Lansing Chapel, 900 E. Michigan Ave., Lansing. The memorial mass will be at St. John's Church and Student Center, 327 MAC Ave .. East Lansing, at 10 am Thursday, August 11. In lieu of flowers. the fomily requests that donations be made to St. John's Church. Online condolences may be expressed at ~greostlgosjng&Q!Il. Published in Lansing State Journal on Aug. 9, 2016 Read Less ~11) listen to Obituary REMEMBER Share memories or express condolences below. https://www.legacy.com/obituaries/lsj/obituary.aspx?page=lifestory&pid=181014885 r-.... .) ::.::· = c;:::> (fJ -··1 ::.~:; .. ~ ,..,,.-.... ; -. ,-l t·~~~ C::J c; c,~. 11 .. i --- oc•-< :~:-io Ji~,-f"'T .. ! c.-:i L) r .. -,-... I'! :'._,.) . ..,, ,,, .. ) --' .. -"'"" ... MORE INFORMATION Send Me a Pia Gulde Free funeral pie guide complim Gorsline Runclr Funeral Harne! DOWN LOA! 1/2 Subject: 1825 E. Michigan Ave.-Capital Wellness Appeal From: Bruce Rosenthal (bruce .rosenthal@att.net) To: chris.swope@lansingmi.gov; deb.biehler@lansingmi.gov; michael.yankowski@lansingmi.gov; brian.jackson@lansingmi.gov; Cc: cityatty@lansingmi.gov; joseph.abood@lanslngmi.gov; robertficano@aol.com; rsagmani@comcast.net; cuppm@rwca.com; Date: Tuesday, April 10, 2018 7:22 AM Dear Mr. Swope, In response to your email of April 8, 2018, our appeal is partially based upon failure to receive notice of the City's Expiring Permit Notice sent to Natalie Zoeller at 1414 Old Mild Rd ., East Lansing, Ml 48823. My client has no contact with Ms. Zoeller and did not receive notification from her. On our Building Permit Application we list Ray Sagmani as applicant located at 1825 E. Michigan Ave., Lansing, Ml 48912 which is the property address in question, and Simon Zeineh as property owner. Upon information and belief Simon Zeineh is the Landlord, Property Manager and deed holder. This is evidenced in our Commercial Lease Agreement for 1825 E. Michigan Ave., Lansing, Ml 48912 which was made part of our application to the City of Lansing. Thank you for your attention to this matter. Very truly yours, Bruce Rosenthal Bruce Rosenthal, PLLC 4301 Orchard Lake Road Suite 180, PMB 116 West Bloomfield, Ml 48323 Office Phone: 248-430-0804 Office Fax: 248-432-7644 Cell Phone: 248-464-9803 E-mail: bruce.rosenthal@att.net ~--· ].> . t ..... ·-.. c.) -.J --r' ..... -.. _, P; (--... -,. f'Tj EXHIBIT ''17'' -:: ;::.": ~.:::.: :=· ::·: ~ t -•• _ .... --·-· .. I' I ::-::; w ::. : -.J Lansing gives medical marijuana business conditional approval By News 7 0 I Posted: Wed 3:20 PM, Mar 28, 2018 Qview Map -... , ..... ... : .. -CJ) ~~; (~ --l ~- c:i i-· Pl ::0 c::::> c:=> _..;. .. :;::....a -- c ::-., .. -... LANSING, Mich. (WILX) --Act Laboratories, Inc. has received conditional approval for a business license from Lansing City Clerk Chris Swope. It's a safety compliance facility. -r-. _,. '-p-1 ·C-:-: r-r-; ; ' I <~ f l"! ,-· ·-· ~<..?~~:..::....:::.:..:.:=-=-=:~"-'-'.':~~ti~I t:.:.:h~e~S:..:;ta::..:t:.::e;-:of Michigan approves their application and they obtain a cert1 1cate of occupancy from the City of Lansing. --.__ All of the applicants and stakeholders at Act Laboratories passed an investigation by the Lansing Police Department. Their building plan was also approved by both the fire marshal and the building safety department. Act Laboratories, Inc. must not owe any money to the City and must have insurance protecting it City against liability, and other legal documents required by the City Ordinance. © "We are excited to start providing conditional approvals so that businesses like Act Laboratories can move forward with their plans," said Clerk Chris Swope. "In the coming weeks, we will be providing more approvals." This Week's Circulars Hover for Circular Hover for Circular Hover for Circular r·- ::~~ r'--...J C::> .... ·.-cu (..r) ;-:;:. r:;-::t -i;: (·:. G _, .... •.. . , ::u:: ("") r- ('7) ..... · ... ' (,.) .. ' ... ..; ~.-{~i ~--T1 \. ·' ;-;·1 ~=·: r-,1 ;.@ \ _ _,· Waste Disposal Plan I. Introduction CAPITAL WELLNESS's Medical Marijuana Waste Disposal Plan details how we will collect, store, transport, and destroy medical marijuana waste in compliance with all laws, rules, and regulations, including the Department's Rules. We store marijuana waste in a manner designed to prevent unauthorized use, diversion, and cross-contamination. We destroy medical marijuana waste by rendering it unusable and unrecognizable prior to being transported from our facility. The following types of medical marijuana waste is destroyed in this manner: • Unused • Surplus • Returned • Recalled • Contaminated/ Adu Iterated • Expired In addition to medical marijuana waste, our facility will generate normal solid waste. We segregate marijuana waste from all other waste in the facility. All marijuana waste disposal activities are performed in full view of video surveillance cameras and are tracked in real time within the Inventory Tracking System (ITS). II. Waste Storage/Equipment -Applicable to All Waste We securely store all waste at locations both inside and outside of the facility in a manner designed to prevent cross-contamination, and which minimizes safety hazards, odors, dust, unsightliness, and other nuisances. We refer to this area as the Marijuana Waste Storage Area. Outside, we utilize a locked dumpster adjacent to the facility to store waste. We also store waste in a way that does not create a risk of fire, explosion, or· the J> ~::; accumulation of poisonous or otherwise harmful vapors or gases. We never mix marijuan~~'?-)iast~ with hazardous waste. e,-_-, -·-.... _ .... ~, .. 0"'1 - : ~-· ::-;--. C-' =;:..:. r- C] (.,.) .--• .. J o::; ~-::. !-i! c:: Waste Storage Equipment: The equipment necessary for the storage of marijuana and other waste is bagged and stored within locked 65-gallon waste containers. See Image Below. Waste equipment is operated in a manner to prevent the unintentional conveyance of waste outside the storage area. The containers in which we store waste are: 1. Constructed to be easily handled for collection; 2. Constructed of rust resistant and corrosion resistant materials; 3. Equipped with a tight fit lid or cover; 4. Watertight, leak proof, insect proof and rodent proof; and 5. Clearly marked "Municipal Waste." Inspection/Cleaning of Storage Areas: The Marijuana Waste Storage Area, like all areas within the facility, is subject to routine inspection and cleaning for debris, insects, rodents, birds, contaminants, and adulterants. This area is to be inspected on a daily basis for cleanliness, and such efforts must be logged in the daily Waste Storage Area Inspection Log. The discovery of any insects, rodents, or other pests will warrant immetjiate action and extermination through acceptable means. Unless there is a spill or other event requiring more frequent sanitation, we will clean and sanitize all areas where marijuana is stored, both inside and outside, on a weekly basis. Such cleaning is to be recorded on the weekly Waste Storage Area Cleaning Log. During the weekly cleaning, all debris is to be removed from the storage area, and surfaces are to be properly sanitized. Waste Storage Containers/Daily Collection: All areas and rooms within our facility are equipped with waste storage containers into which plant material and other debris is deposited. Cleaning of Waste Containers: It is important to clean and sanitize waste containers regularly. We do so on a weekly basis with a suitable cleaning material and maintain a log of this activity. Ill. Waste Disposal and Recycling -Solid Waste Our priority with non-marijuana solid waste is to segregate if from marijuana and marijuana products, and then minimize and recycle it if possible. All non-recyclable wa1!it.e is -... ,.... stored in suitable waste containers as described above, at a suitable temperature prior to:$eing:_, ;~. ,7:; c:: ::J placed in the secure dumpster outside. Waste within the facility is collected daily and tranii:~rre_d2 ~:-) ---:: " Ci ·1 ---;:::--. ' ~:.: c-:; -r---rq ·--, c ~·...1 -·, O:> --.-, ........ ) ;-·ri () Fl / ·1;::: !-,, ,.-..... : , _ __.· to the locked dumpster outside, and never allowed to accumulate anywhere in our facility long enough to develop an odor or attract pests. IV. Waste Storage -Marijuana Waste: Inside the facility, pre-shredded marijuana waste is always stored separately to prevent cross-contamination. Within the Vault, all marijuana destined to become waste is separated from useable marijuana. There will be floor and shelf markings to assist employees in making the important distinction between these two. Once marijuana or marijuana products have been rendered unusable, properly accounted for in the inventory tracking system (ITS) as waste, it is "converted" as described below it is either stored inside a locked Rubbermaid trash container, as shown below, or transported outside to our larger waste storage area, the locked dumpster enclosed by a fence. The dumpster will be emptied by an authorized transporter of solid waste. v. Process of Disposing of Marijuana Waste: r-•...: ~· -.,: --( .. -·J ... ......., = = -.. C,J OJ All marijuana waste is converted into an unusable and unrecognizable form within our facility prior to disposal. We utilize a small commercial waste shredder for this purpose. All marijuana or marijuana products that must be converted are shredded and immediately mixed with other non-consumable solid waste to create an unusable, unrecognizable, and non- retrievable substance. We may mix the shredded marijuana waste with one or more of the following: • Paper waste; • Cardboard waste; • Plastic waste; • Food waste; or • Grease or other compostable oil waste. The resulting mixture is at least fifty-one (51%) percent non-marijuana waste by volume, Once "converted," larger amounts of marijuana waste are taken directly to the locked dumpster outside. Smaller amounts may be stored in the Marijuana Waste Storage Area and labeled as 'waste' to await removal to the dumpster. All marijuana waste is securely transported by a permitted Department of Environmental Protection transporter to either: 1. A permitted municipal waste landfill; or 2. To be processed at a permitted manned compostable materials operation or facility VI. Chemical and Hazardous Waste All chemical or hazardous waste will be managed in accordance with Federal and State law. The types of chemical and/or hazardous waste we anticipate generating is limited to the following household type cleaners/products: • Clorox Bleach • PineSol 1- - :~~\ "-" c:;.:, • AntiBacterial Softsoap Liquid Hand Soap -· I_,!) = -::.~ • Ultra Dawn Dishwashing Liquid s-:: r·" . ~ er, ·-·-! -~ ·-- ....:h ( .. :. r-- I'll -· .. -. (..) ... ·~-' c-. ... ..... ~..J ;-; -~: 'J fl/ <::-: :r; c--, • Fantastik AntiBacterial Heavy Duty All Purpose Cleaner • Scrubbing Bubbles Toilet Cleaning Gel with Hydrogen • Scrubbing Bubbles Multi Surface Bathroom Cleaner Foaming Disinfectant • Commercial Line Drano Max Gel Clog Remover • Windex Cleaner Original with Ammonia-0 • Raid Multi Insect Killer 7 In the event we do generate such waste, it will be stored in leach proof containers, appropriately marked and labeled, stored separately from other waste, and disposed of through an appropriately State licensed transporter if necessary. VII. Records of Marijuana Waste Disposal records documenting all marijuana waste are retained within the ITS and will be accessible to the Department or law enforcement upon request. All non-ITS records of waste, whether in our database or hard copies, will be maintained for a minimum of four (4) years. The detailed records of waste within the ITS show the source of the waste, weight of the waste, date of conversion, and employees who performed the conversion who are capable of supporting a Waste Report. -·..,-. ...... _. ii'} " ' -· ;-"I i ..:::.:::· n: ;-j ·- Standard Operating Procedures Marijuana Waste Storage and Disposal These are our Standard Operating Procedures {SOPs) for the proper handling, storage, and disposal of marijuana waste. I. Introduction Marijuana waste is any unused, surplus, returned, recalled, contaminated, or expired marijuana or final marijuana product. We are required to properly store marijuana waste pending disposal, and to convert that marijuana waste into something unusable and unrecognizable. Prior to converting the marijuana unrecognizable, we enter the waste into the Inventory Tracking System {IST). II. Waste is an ITS Function The most important aspect of marijuana waste is that it, like all other parts of the plant, are to be weighed and strictly accounted for. As such, we don't simply throw away marijuana or marijuana product, we account for it in the ITS by weighing it every time it is collected, and prior to storage in the Marijuana Waste Storage Area. All marijuana waste must be logged into inventory using the ITS. As with all functions in the ETS, we log our activity in the ETS at the same time we engage in the physical activity. Never wait! Marijuana Waste is an Item of Inventory and Must be Logged into Inventory In Real Time I Keep in mind that the 11convert1' function in the ITS refers to the process of converting a flower lot into something else (extract) and does not refer the waste function of physically converting marijuana waste so that it can be properly disposed. The "Destroy" and "Convert" functions in the ETS are distinctly different. One function is related to processing, and the other to waste. Ill. Other Procedures Involving Waste These are our other procedures regarding waste. They are organized alphabetically for ease of reference. ' !'· --~ ;.-:;~ c..:> C::::> ( .') --· -~ c.;-:, ,-. '· c-, - -· ~ . ~· ... -...!.: .. r-, 1 ~- li1 (..3J -;;::; I n =--~] n· ' .~, '· _, f1-I ~:::: r-r: C"J Converting Process: The 'converting process' is the process of shredding marijuana and marijuana cultivation by-product (leaves, stems, trim and root balls) and mixing it with other waste, thus transform ing it into waste that can be removed to a municipal landfill. • Enter your activities into the ITS first!!!! • Only converted marijuana waste can be deposited in the outside dumpster for collection. We cannot dispose of marijuana flower or products without first rendering it unusable through our conversion process. • Only authorized employees may operate the shredder. • Employees must wear PPE during conversion, including external contact suits, latex-free and powder-free gloves, a disposable facemask or reusable respirator, and safety goggles at all times while using the shredder. • Follow the manufacturers specifications as to the size of the material the shredder will accept. You will likely need to cut plant branches and stalks into smaller pieces before shredding. • Immediately after using the shredder, you must follow the Lock Out/Tag Out procedures to secure the equipment before you continue working nearby. • After shredding, you must immediately mix the shredded material with other solid waste, typically discarded soil or coco coir, which is stored in the same Marijuana Waste Storage Area where the pre-shredded marijuana is stored. • This mixed waste material should be immediately bagged, with the bag properly closed, and deposited into the locked dumpster outside. • Clean the area before moving on to another task. • Utilize Lock Out/Tag Out procedures when cleaning anywhere near the shredder. Direct Path: Marijuana waste is to be taken directly to the Marijuana Waste Storage Area -to prevent possible cross-contamination, do not stop in another room to gather additional waste. Lock Out/Tag Out: Upon entering the waste conversion area of the facility, you must first e:~.S,ure~ that the shredder is properly locked/tagged out before commencing work in the area . (.~) '.::"" -·-·-· ~-... !...-;-·) - - l ~< -.:-·. PPE: PPE must be worn at all times when dealing with waste. Proper Storage of Marijuana Waste: No marijuana waste may be placed into the Marijuana Waste Storage Container without first having been entered in the ITS. Record Keeping: You must strictly adhere to the procedure in the ITS for converting marijuana into waste that can be disposed. Follow the instructions above in this regard. Recycling: We recycle! You may not dispose of recyclable material in the trash dumpster! All material that can be recycled must be recycled. Secure Storage: All marijuana waste storage (as opposed to general waste) must be locked at all times. Shredder: You may not operate the shredder unless you have been trained on the machine and have been assigned to do so. r-- ;i-. "-' c: . .:. .. t --~ C::,:J (.;-) -.. :·;~ .. · r--'·' _, ("-;; C1 -·: ~::~ c-..~r ... 1 .•• , 1- r.1 ,., >-1 ·•.,.1 \..!) ···;-, -· . .; fT] G r-.-1 ..,..- Fl; ·-'-._} Waste Storage Area Inspection log (Daily) Instructions: Use this Waste Storage Inspection Log to record the date and time of the daily inspection of all waste storage, both (1) inside and (2) outside of the facility. For marijuana inside the facility, only material that is clearly marked Waste within the marijuana waste storage area may be moved outside to the dumpster. This mark ensures the marijuana is no longer usable, has been weighed and has been entered into the ETS where we must account for all marijuana, including waste. DO NOT remove marijuana from the facility if it is not marked waste. If there is a condition within any waste storage area that requires further action, you must either: 1. Immediately take the action necessary to bring the condition of the room into full compliance; or 2. Complete a Facilities Work Order specifying the problem to be addressed and promptly deliver that form to the Director of Facilities Maintenance for further action. Inside ": }_·'1:·· f Waste Storage Area Cleaning Log {Weekly) c:; C) c -. -·-i -~< J~ CJ !--· ,...,., ' ., c.,; ..... _"\ -~-l...C) :::c~ )°Tj . ..--.. '-·' l"l; ~:;'.::: rr1 (_,' Instructions: Use this log to record the weekly cleaning and sanitation of both (1) the indoor and (2) outdoor waste storage areas. The cleaning and sanitation of equipment used in processing and storage waste is to be recorded separately on the Waste Equipment Cleaning Log. If there is a condition within any waste storage area that requires further action, you must either: 1. Immediately take the action necessary to bring the condition ofthe room into full compliance; or 2. Complete a Facilities Work Order specifying the problem to be addressed and promptly deliver that form to the Director of Facilities Maintenance for further action. Outside c·-. ) C \ -·:: .. ::-.. (") ,-r•·1 ( .. .i...,1 -~-· ~·.J \.!"J ::::c1 1-,: --~ ~ ,; r1-1 ·c·-- ~ L-' Waste Equipment Cleaning log (Monthly} Instructions: Use this Jog to record the Monthly cleaning and sanitation of equipment and tools used in the storage and disposal of waste, except the outside dumpster which is cleaned only on an as needed basis. The dumpster storage area, as opposed to the inside of the dumpster, must be cleaned weekly and recorded on the Waste Storage Area Log. If you discover any room or equipment utilized in gathering, storing, or converting waste that requires further action, you must either: 1. Immediately take the action necessary to bring the condition of the room/equipment into full compliance; or 2. Complete a Facilities Work Order specifying the problem to be addressed and promptly deliver that form to the Director of Facilities Maintenance for further action. ("") r-· r.:: . (...) ....... , l.L:' Commission Appeal Mike & Trevor 6 15 2018 stamps endicia Shipping Label Receipt Delivery Confirmation™ Service Number: 9405 5118 9956 0561 6003 98 Priority Mail 2-DAY with USPS TRACKING#• Electronic Service Fee: $0.000 Total Postage and Fees: $6.55 Weight: 1 oz Print Date: 02120/2018 Mailing Date: 02120/2018 From: Chris Swope To: Lansing City Clerk's Office 124 W Michigan Ave Floor 9 Lansing Ml 48933 Mike and Trevor LLC 4314 South Cedar Street Lansing Ml 48910-5462 USPS Postmark Here 'Regular Priority Mail 2-DAY Service postage rates apply. There is no fee for Delivery Confirmation"' service on Priority Mail services with use of this electronic shipping label. Postmark required if fee refund requested. Delivery information is not available by phone for the electronic option. Instructions: 1. Adhere shipping label to package with tape or glue -DO NOT TAPE OVER BARCODE. Be sure all edges are secured. Self-adhesive label is recommended. 2. Place the label so it does not wrap around the edge of the package. 3. This package may be deposited in any collection box, handed to your mail carrier, or presented to a clerk at your local Post Office. 4. Each confirmation number is unique and can be used only once - DO NOT PHOTOCOPY. 5. You must mail this package on the "mail date" that is specified on this label. ~.l / ) .--_,· .1-::··· Name of Establishment I Establishment DBA {If Known) MIKE AND TREVOR LLC THE HERBAL CONNECTION Establishment Address City State 4314 S CEDAR ST Lansing Ml '/O t:~liQ \..',\(; l { Medical Marihuana Provisioning Center Application February 19, 2018 APPROVAL DENIED Building Review: Approval Denied -Structure lacks a valid Certificate of Occupancy as a retail (group M) use. The facility operators have operated without a Certificate of Occupancy in violation of Michigan Build Code 2015 section 111.1. Building permit B2011-0200 was obtained for interior alterations to the suite. However, no inspection requests were ever made and no inspections were performed. The permit expired after 180 days of inaction and the Certificate of Occupancy was invalidated. Sanitation and Waste Disposal Review: Conditional Denial: The submitted waste disposal plan does not contain sufficient detail or procedures to determine compliance with Emergency Rule 36. Jam es Bennett, C.B. 0. Building Safety Office Department of Economic Development and Planning Page 1of1 February 20, 2018 Mike and Trevor LLC 4314 South Cedar Street Lansing, Ml 48910 Dear Provisioning Center Applicant, Chris Swope Lansing City Clerk This letter is to inform you that your application to operate a Medical Marihuana Provisioning Center in the City of Lansing at 4314 South Cedar Street has been denied. You have failed to obtain a valid Certificate of Occupancy as a retail (group M) use. You have the right to appeal this decision within 14 days of the date of this letter by filing a written statement with the City Clerk's Office setting forth fully the grounds for the appeal. Chapter 1300 provides that should the applicant not receive a license, one-half the application fee shall be returned. This refund will be processed after all appeals are exhausted. Sincerely, Chris Swope City Clerk cc: M. Yankowski, Lansing Police Chief J. Smiertka, Lansing City Attorney Lansing City Clerk's Office Ninth Floor, City Hall, 124 W. Michigan Ave., Lansing, Ml 48933-1695 517-483-4131 $ 517-377-0068 FAX www.lansingmi.gov/clerk $ clerk@lansingmi.gov Attn: Chris Swope City Clerk's Office 124 W Michigan Ave 9th Floor of City Hall Lansing, MI 48933 Dtl '1iUB11;1ii111y,11:t1d 'U' LIBERTY PROPERTY LEGAL r-·· *~~:: . ~:'.': (i) "'";. " !.-.~·;1 ('~) -··' , ., l---: r-- rr1 ::::::i ,..->·, 1 ....... , <~:::.:;:. c~~ -~ :L-:-;.·u ::-:..:; ! r-0 :;::-::~ - ·; ... --:.: .. CJ t'-.) V"..) March 1, 2018 Dear Mr. Swope, We are writing to you on behalf of Mike and Trevor LLC with respect to the denial of its application to operate a Medical Marihuana Provisioning Center in the City of Lansing at 4314 South Cedar Street. The grounds for denial were stated as failure to obtain a valid Certificate of Occupancy as a retail (group M) use. To the best of our knowledge, the failure to obtain a valid Certificate of Occupancy stems from a minor alteration made to the property in December of 2010 consisting of the addition of a non- load bearing wall. According to Mr. Jon Snyder in the Building Safety Department, the necessary drawings and documents were properly filed with the City, however, a final inspection by the Building Safety Department was never conducted. We have submitted a FOIA request on behalf of our client to verify the contents of that file. We are currently pursuing two separate avenues to obtain the necessary Certificate: 1. We have been advised that Mr. Snyder's immediate superior Jim Bennet could authorize a final inspection based on the 2010 documents but is away on planned vacation until March 6t11• We are actively working with Mr. Snider to resolve this situation and will follow-up with Mr. Bennet immediately upon his return. 2. A new set of architectural drawings demonstrating conformity with the Building Code have been commissioned. These drawings will form the basis of a new application for a Certificate of Occupancy should the Building Safety Department require a de novo review. ....... !._: r·11 0 flt -~ ---!JJ 1---:. ._.: We therefore formally request that the city clerk appoint a hearing officer to hear and evaluate our appeal as provided for in Section 1300.15(C) of the Lansing Code of Ordinances. Furthermore, we respectfully request that the hearing officer make a recommendation to: (a) grant the license application contingent on obtaining a valid Certificate of Occupancy; (b) grant an additional period of time to obtain the Certificate of Occupancy before proceeding to the next steps in the application process; or (c) any other relief that preserves the continued consideration of the application. Please contact our office should you have any questions or concerns. I can also be reached personally by email at jan@lplaws.com or by cell phone at (734)536-5463. Looking forward your reply. Warm Regards, ~======-------~- Antoine d' Ailly Associate Attorney Liberty Property Legal 710 North Mill Street, Plymouth, Ml 48170 phone: (734) 451-0011 I fax: (248) 626-9701 www.lplaws.com rr,,. :r:~ :- ~~:: UJ . - (_~ -~~ c~·.1 ·-·~ ·--:: C-:i r- f'Tj :::\J ,..·· '~ ,...._, c::i t:;~ :.;·;:..:.. _,... __ , ! N ·' - § N "° --~ --. ......... _) 17 1 C-) ~J: r-!! i.._.1 stamJ)s endicia Shipping Label Receipt Delivery Confirmation™ Service Number: 9405 5118 9956 0513 7319 27 Priority Mail 2-DAY with USPS TRACKING W Electronic Service Fee: $0.000 Total Postage and Fees: $6.55 Weight: 1 oz Print Date: 03/1612018 Mailing Date: 03/16/2018 From: Chris Swope To: Lansing City Clerk's Office 124 W Michigan Ave Floor 9 Lansing Ml 48933 Mike and Trevor LLC 4314 South Cedar Street Lansing Ml 48910-5462 USPS Postmark Here "Regular Priority Mail 2-DAY Service postage rates apply. There is no fee for Delivery Confirmationtw service on Priority Mail services with use of this electronic shipping label. Postmark required if fee refund requested. Delivery information is not available by phone for the electronic option. Instructions: 1. Adhere shipping label to package with tape or glue -DO NOT TAPE OVER BARCODE. Be sure all edges are secured. Self-adhesive label is recommended. 2. Place the label so it does not wrap around the edge of the package. 3. This package may be deposited in any collection box. handed to your mail carrier, or presented to a clerk at your local Post Office. 4. Each confirmation number is unique and can be used only once - DO NOT PHOTOCOPY. 5. You must mail this package on the "mail date" that is specified on this label. March 16, 2018 Mike and Trevor LLC 4314 S Cedar St Lansing, Ml 48910 Dear Provisioning Center Applicant, Chris Swope Lansing City Clerk We have received your appeal of the denial of licensure. Please note that initial appeals are referred to a hearing officer appointed by the City Clerk who will review any information submitted in the appeal as well as information submitted by the City Clerk. The hearing officer will consider the information submitted and make a recommendation to the City Clerk, who will make a decision on the appeal. To encourage efficiency, appeals will be conducted as a paper hearing without oral presentation. Please ensure that you include all additional information in your written appeal that you would like the hearing officer to consider. Please submit the additional information to the City Clerk's Office within seven (7) days from the date of this notice. If you have begun business operations pursuant to State Emergency Rule 19 and Executive Order 2017-02, you must cease operations. Operations may resume only if your appeal is granted and the requirements of the temporary operation are satisfied. Sincerely, Chris Swope City Clerk cc: M. Yankowski, Lansing Police Chief J. Smiertka, Lansing City Attorney Lansing City Clerk's Office Ninth Floor, City Hall, 124 W. Michigan Ave., Lansing, Ml 48933-1695 517-483-4131 $ 517-377-0068 FAX www.lansingmi.gov/clerk $ clerk@lansingmi.gov Biehler, Deb From: Biehler, Deb Sent: To: Friday, March 16, 2018 4:17 PM 'leegsitto@gmail.com' Subject: Provisioning Center Application Update March 16, 2018 Mike and Trevor LLC 4314 S Cedar St Lansing, Ml 48910 Dear Provisioning Center Applicant, We have received your appeal of the denial of licensure. Please note that initial appeals are referred to a hearing officer appointed by the City Clerk who will review any information submitted in the appeal as well as information submitted by the City Clerk. The hearing officer will consider the information submitted and make a recommendation to the City Clerk, who will make a decision on the appeal. To encourage efficiency, appeals will be conducted as a paper hearing without oral presentation. Please ensure that you include all additional information in your written appeal that you would like the hearing officer to consider. Please submit the additional information to the City Clerk's Office within seven (7) days from the date of this notice. If you have begun business operations pursuant to State Emergency Rule 19 and Executive Order 2017-02, you must cease operations. Operations may resume only if your appeal is granted and the requirements of the temporary operation are satisfied. Sincerely, Chris Swope City Clerk cc: M. Yankowski, Lansing Police Chief J. Smiertka, Lansing City Attorney 1 Attn: Hearing Officer City Clerk's Office 124 W Michigan Ave 9111 Floor of City Hall Lansing, MI 48933 LIBERTY PROPERTY LEGAL --,·r ,. ... , __ .. :~ .. : j .. -'"" ;.: '· •' - - -·= ... ' (.'-~1 i--· f';"J ... -,-\ ,••c.• ;-..,:; .::;;:;1 c.:·1.~ ~ -··''-'- ... ·.,J ;· ~ c::i ----.. :~ (.2:) (J"i March 23, 2018 RE: Appeal of License Denial for The Herbal Connection Dear Hearing Officer, We are writing to you on behalf of Mike and Trevor LLC with respect to the denial of its application to operate a Medical Marihuana Provisioning Center in the City of Lansing at 4314 South Cedar Street. The grounds for denial were stated as failure to obtain a valid Certificate of Occupancy as a retail (group M) use. To the best of our knowledge, the failure to obtain a valid Certificate of Occupancy stems from a minor alteration made to the property in December of 2010 consisting of the addition of a non- load bearing wall. According to Mr. Jon Snyder in the Building Safety Department, the necessary drawings and documents were properly filed with the City back in 2010, however, a final inspection by the Building Safety Department was never conducted. We submitted a FOIA request on behalf of our client on February 2 7, 2018, to verify the contents of that file. As of our last correspondence with your office on March 1, 2018, we were able to establish contact with Mr. Snyder's immediate superior Jim Bennett, who we were told could authorize a final inspection based on the 2010 documents. Unfortunately, due to the amount of time that had lapsed since the addition of load-bearing wall, we were informed by Mr. Bennett that we would have to start the process of obtaining a Certificate of Occupancy de novo. Accordingly, a field inspection of the building was conducted, and it was determined that a few relatively minor alterations would have to be made to the building to ensure code compliance. These alterations include adding a barrier free ramp that will be designed and built to meet accessibility requirements, installing emergency battery backup lights at the exit doors, and ,.-\..' ( .. -' -.. ) 1· .. 1.-; ...,~·· --fT ; c.~·:.~ replacement of prismatic lens' on fluorescent light fixtures. The architect's report and corresponding drawings are attached for your inspection. We are in the process of obtaining the necessary permits to effect the recommended changes, and we anticipate that the modifications to the building will be completed within a few weeks. Based on the foregoing, we respectfully request that the hearing officer make a recommendation to: (a) grant the license application contingent on obtaining a valid Certificate of Occupancy; (b) grant an additional period of time to obtain the Certificate of Occupancy before proceeding to the next steps in the application process; or (c) any other relief that preserves the continued consideration of the license application. Should you have any questions or concerns, please do not hesitate to contact our office. I can also be reached personally by email at jan@lplaws.com or by cell phone at (734)536-5463. Thank you for your consideration, we look forward your reply. Warm Regards, ~==,...,.-"""'-=:,.=---, Antoine d'Ailly Associate Attorney 710 North Mill Street, Plymouth, Ml 48170 phone: (734) 451-0011 I fax: (248) 626-9701 www.lplaws.com r -··· -.... -··· c .- ...... ... .... r··· ;..; ~· .. : ---- -·--~ -.. :~:. (~) ;······ tTj :::·.:; .. .;- . r-.,) :=:::. c:;;-:.1 > :-..: .. :; " .:~ C·j :--::-l C) ex·, ..~· ;··1····. { ·-. f"7 ; r·· : ' . ~"" '.:! (") 0 0 _J _J ~ oc 0 ii'. w ~ w Cl z j:: en x w 16'-1" 5'-1l" UNISEX . ~IN "; (.) b ..- ~ ro ;,!, 14'~" 12'-3~" 3'-si" OFFICE AREA 10'-4~" ..=8 ...... . F-. 8i-3l" 7'-4~" \ ' ' - A 4' 3'-1~" 10'-7~" 6' PATIENT AREA I 10'-7~" / / / 19'-~" EXISTING DEMISING WALL z 0 ti: w O>j ~ b 0:: N 5'~3" "" 2' L 9'-1~" ALL WALLS AND DOORS ARE EXISTING UNLESS OTHERWISE NOTED ON THE PlAN PATIENT WAITING EXISTING DEMISING WALL 18'-4~" ' ' ' ' ' ', .. _ 3'-~" ~ 0 oc F-. U. N w oc l2 en Cl z i== en x w EXISTING FLOOR PLAN -$ THE HERBAL CONNECTION MEDICAL MARIJUANA PROVISIONING CENTER 4314 S. CEDAR STREET, LANSING, Ml WALL TYPES EXISTING: • GYPSUM BOARD ON 2x4 WOOD STUDS@ 16" O.C. NEW WALL: • ~" GYPSUM BOARD ON 2x4 WOOD STUDS@ 16" O.C. FROM TOP OF FLOOR SLAB TO UNDERSIDE OF EXISTING SUSPENDED CEILING SYSTEM NORTH PREPARED BY: BO & E GROUP, LLC 32000 NORTHWESTERN HWY (SUITE 275) FARMINGTON HILLS, Ml. 48334 248-508-9897 * BDANDEGROUP@GMAIL.COM \ ~ ::j ~J -! :J ) .. _ t i ~j :~} r ~ ~ s ; .~ \! ~· ~ (\ I .nr ! :q ,, •. , \!'. ~' i " i p7 -: ·Ui :· .. ~ 1::! (, c~ ·:: ::·;:~;;di..· J ~:.J /\ t ·~i. ~-~·! ~~~ ~~\~! RAlllNC:: 0 M 4 · . . ••·• :. · .. ··· ..... •·. . ~ ,. . ·,,·· •RAMP .. ··•· :·41 . •···. ;, 1~ _ 1. 3·-sj· 10'-41" 1 a-11· 10·-sj· rl : · ' · o i r rt r i-:).-·,;_'_. 'r I 1 , -1 ,,l, 11 1 :•,·:-t ·; ~.._______. 11 DESK I • . :r.: . • pe;;t~ SECURE STORAGE . ~ M .... 0 .... ' M OFFICE AREA 14'-4~" iJ ~ ";" j:.... .... B't-3;}" CCTV l>C - CCTV ~ u w I-I:> uo 1-- DISPLAY >- ~I SALES ~ AREA L- z 0 II i= D.. w 0 w a: .___ ~ Q_ en 0 I--- I--- ' ' ' ' ' ........ __ ·'.;·, [·:: .. -···· ·:..·.1'"'·,, .---------' ···; : ..... :d .. ; ... i'--N DI DI llJ D \ u u -;=u I ~1 ~ WAITING DI ~ CONSULTATION LJ /,-AREA D ~.. " JtJ b] b] b] I I Cid 6'-6" 10'-1oi" 7'-4~" 4' 10'-7~" PROPOSED FLOOR PLAN -$- NORTH L-- 18'-4~" THE HERBAL CONNECTION MEDICAL MARIJUANA PROVISION CENTER 4314 S. CEDAR STREET, LANSING, Ml 1; ~:r.=J-! :J "\ .1-I J ::; ~~!Si·~\·! ·-~ i ('• I f't l • i 1• ! (i - 1 1. • : ~ • f r·, I ··: ·; ~:1 ~ =u. :::: :_! ( D ~~ ; :.!: ~-; :J '. u t- ~ ::~~ ,.:\ ! -~~~ :~J ~~~~ ~~-:~ Inspection report for: Herbal Connection 4314 South Cedar Street Lansing, Ml. BO & E GROUP, LLC 32000 Northwestern Hwy (Suite 275) Farmington Hills, Ml. 48334 We have conducted a field inspection for the above referenced project for code compliance. The following is a description of the items we found that require repair or modification so that the building complies with the following codes. • 2015 Michigan Building Code • 2015 Michigan Plumbing Code • 2015 Michigan Mechanical Code • 2014 National Electrical code • 2009 ICC I ANSI Accessible and Useable Building & Facilities The following are items that require to be repaired or modified • Modify entrance by adding a barrier free ramp that will be designed and built to meet the Accessibility requirements. Permit required • Remove concrete steps and porch and replace with pressure treated wood lumber framing and railing. Permit required • Properly reinforce the T-Grid ceiling by adding 9ga wire • Add 3 combo exit I emergency battery backup lights at the exit doors. Permit reqired • Install drywall on interior of utility room (closet with water heater) • Replace prismatic lens on existing 2'x4' fluorescent light fixtures as required • Adjust exhaust vent at water heater • Install 2' x 4' acoustical ceiling tiles as required • Replace 6 non-functioning fluorescent light fixtures as required --;-..... .,. .. -··· ·::~ .. ~ " ·-· <:::•:.:. -~.J~! .• -· :····· c--:i ~ ...... ::: C·::, - ---::·' :::~··· ·-··::• (-.-j r··· c=: f7J ~"''" ! Mo•.,,.• c~-·: .. -~·· ~ ' ; .. c~' ; .. J. "i -···· c··· .. --: stamJ;»s endicia Shipping Label Receipt Delivery Confirmation™ Service Number: 9405 5118 9956 0983 0844 79 Priority Mail 2-DAY with USPS TRACKING#* Electronic Service Fee: $0.000 Total Postage and Fees: $6.55 Weight: 1 oz Print Date: 04/1612018 Mailing Date: 04/1612018 From: Chris Swope To: Lansing City Clerk's Office 124 W Michigan Ave Floor 9 Lansing Ml 48933 Mike & Trevor LLC c/o David Younger 475 Dorchester Way Milford Ml 48381-2789 USPS Postmark Here 'Regular Priority Mail 2-DAY Service postage rates apply. There is no fee for Delivery Confirmation'" service on Priority Mail services with use of this electronic shipping label. Postmar1< required if fee refund requested. Delivery information is not available by phone for the electronic option. Instructions: 1. Adhere shipping label to package with tape or glue -DO NOT TAPE OVER BARCODE. Be sure all edges are secured. Self-adhesive label is recommended. 2. Place the label so it does not wrap around the edge of the package. 3. This package may be deposited in any collection box, handed to your mail carrier, or presented to a clerk at your local Post Office. 4. Each confirmation number is unique and can be used only once - DO NOT PHOTOCOPY. 5. You must mail this package on the "mail date" that is specified on this label. April 16, 2018 Mike & Trevor LLC c/o David Younger 475 Dorchester Way Milford, Ml 48381 Dear Applicant, Chris Swope Lansing City Clerk tV I (j . / I I have reviewed the report and recommendation of the hearing officer on your appeal of the denial of your application to operate a Medical Marihuana Provisioning Center in the City of Lansing at 4314 S Cedar Street. I have determined your appeal is denied. You have the right to appeal this denial of licensure to the Medical Marihuana Commission within thirty (30) days of the date of this letter by filing a written statement to the Commission with the City Clerk's Office. The Commission's review of an appeal shall not be de novo. The Commission shall only overturn, or modify, a decision or finding of the Clerk if it finds such decision or finding to be arbitrary or capricious and not supported by material, substantial, and competent facts on the whole record considered by the Clerk in arriving at such decision or finding. Chapter 1300 provides that should the applicant not receive a license, one-half the application fee shall be returned. This refund will be processed after all appeals are exhausted. If you have begun business operations pursuant to State Emergency Rule 19 and Executive Order 2017- 02, you must cease operations. Operations may resume only if your appeal is granted and the requirements of the temporary operation are satisfied. Chris Swope, Master Municipal Clerk City Clerk cc: M. Yankowski, Lansing Police Chief J. Smiertka, Lansing City Attorney Lansing City Clerk's Office Ninth Floor, City Hall, 124 W. Michigan Ave., Lansing, Ml 48933-1695 517-483-4131 517-377-0068 FAX www.lansingmi.gov/clerk city.clerk@lansingmi.gov Hilary M. Barnard Attorn~y at Law 168 N. 20th St. Battle Creek, MI 49015 I 1103 N. Washington Ave. Lansing, Ml 48906 I 269-841-5154 I hbamard@lawservicesmi.com In Re: MIKE & TREVOR, LLC CITY OF LANSING HEARING OFFICER DECISION RECOMMENDATION d/b/a THE HERBAL CONNECTION This decision is remitted to the Clerk of the City of Lansing by Hearing Officer, Hilary M. Barnard, Esq., having been read and informed on the issues recommends that in regard to THE HERBAL CONNECTION its license for a Medical Marihuana Provisioning Center should remain denied. FACTS MIKE & TREVOR, LLC d/b/a THE HERBAL CONNECTION ("Appellant") submitted an application to the City of Lansing to operate a Medical Marihuana Provisioning Center within the city limits. On or about February 20, 2018, the City Clerk denied Appellant's application for failure to obtain a valid Certificate of Occupancy. The failure to obtain the valid Certificate arises from a building permit application that Appellant applied for on or about March 17, 2011. The permit was issued March 21, 2011 and expired September 17, 2011. The date of the expiration being approximately six and half years before the license application at issue. Appellant timely appealed the decision by submitting a letter dated March 1, 2018 with an explanation of circumstances. In the letter, Appellant addresses that it has taken active steps to obtain necessary certification. On or about March 16, 2018, Appellant By follow up correspondence dated March 23, Appellant indicated that a final inspection had occurred, and a few alterations were necessary to ensure code compliance at the building and complete renovations were expected to be finished in a few weeks. No further documentation was received from Appellant documenting renovation completion. APPLICABLE LAW & REASONING The issue is whether Appellant's application for a Marihuana Facility license for the City of Lansing was erroneously denied. Pursuant to MCL § 125.1513, [a] building or structure hereafter constructed shall not be used or occupied in whole or in part until a certificate of use and occupancy has been issued by the appropriate enforcing agency. An application for a marihuana business license shall not be approved unless the building safety office has inspected a proposed location for compliance with all laws for they are charged with enforcement. 1 The City of Lansing Ordinance also requires 1 City of Lansing, Michigan Ordinance No. 1217 Sec. 1300.S(E)(l). Page 1of2 Hilary M Barnard Attorney at Law 168 N. 20th St. Battle Creek, MI 4901511103 N. Washington Ave. Lansing, Ml 489061269-841-5154 I hbamard@lawservicesmi.com compliance with the Medical Marihuana Facilities Licensing Act (MMFLA), 2016 P.A. 281 (as amended).2 Under Emergency Rule 9, license applicants in Michigan are required to have a valid certificate of use and occupancy. Here, appellant has demonstrated desire to comply with the rules under the City of Lansing Ordinance and the MMFLA. However, appellant is not compliant with requirements to date as it has still failed to obtain a valid Certificate of Occupancy as required under Michigan law. Without compliance, there is no justification for application approval. Further, Appellant provided no documentation to the Hearing Officer to justify a six and half year gap between a building permit expiration and its new-found interest in building safety compliance in order to obtain the provisioning center license. CONCLUSION As Appellant has not obtained a valid Certificate of Occupancy, its application for a marihuana facility license should remain denied. Respectfully Submitted, ~?LL? Hilary M. Barnard, Hearing Officer 2 Id. at Sec. 1300.2(D). Page 2of2 Biehler, Deb From: Sent: To: Cc: Subject: Attachments: Dear Deb- Dan Munoz <dan@lplaws.com> Wednesday, May 16, 2018 4:35 PM Biehler, Deb Jan d'Ailly; Lee Sitto; david.younger@partners.mcd.com; Robert Mullen Mike and Trevor LLC /Application for Appeal to Commission Application for Appeal to Commission.pdf Attached please find the Application for Appeal to Commission on behalf of Mike and Trevor LLC. Should you have any questions or concerns, please do not hesitate to contact our office at your earliest convenience. Thank you, Dan Daniel Munoz, Paralegal Liberty Property Legal, PLLC 710 N. Mill Street Plymouth, Michigan 48170 Tel: (734) 451-0011 Fax: (248) 626-9701 This e-mail is governed by the Electronic Communications Privacy Act, 18 U.S.C. §§ 2510-2521. and may be legally privileged. Unauthorized review, use. disclosure or distribution is strictly prohibited. The information contained in this e-mail message is intended only for the personal and confidential use of the recipient(s) named a/Jove. This message may /Je an attorney-client communication and as such is privileged and confidential. If you are not the intended recipient. please contact the sender by reply e-mail, and destroy all copies of the original message. Unintended disclosure does not in any manner whatsoever waive the attorney-client privilege. ~-.. ) C..J C:.:J ,•r·1 ... _,, ....... : .. ) Dtl liimn.t.ttlJ\1111' \1J' LIBERTY PROPERTY LEGAL Medical Marihuana Commission City Hall 124 W Michigan Avenue Lansing, MI 48933 May 16,2018 Dear Members, We are writing to you on behalf of Mike and Trevor LLC with respect to the denial of its application to operate a Medical Marihuana Provisioning Center in the City of Lansing at 4314 South Cedar StJ"eet. The initial application was denied on February 20, 2018 because of a failure to obtain a valid Ce1iificate of Occupancy as a retail (group M) use. A timely appeal was filed and was denied by the City Clerk on April 16, 2018 . In accordance with City of Lansing Ordinance No. 1217 (1300.15(c)), we are hereby applying to the Commission for a review of the City Clerk's decision. We look forward to presenting our appeal and await your directive as to the next steps in this process. Warm Regards, ~. __, ~~==----- Antoine d' Ailly 710 North Miii Street Plymouth, Ml 48170 phone: (734) 451-0011 I fax: (248) 626-9701 www.Iplaws.com r····· . > .. .... ~ .. ,_. -· ... .. ~.: -·-· ~ ' -··-· ' .. ·-I r·:·i _ ...... .., .. .;_, ;""'<'1 ,:;;:-.;, ~::·.:J ..... ~ C'> -:~; ___ \.., r:_t l u ·1 , . . . ' ··-··· : --r·c ·1 -- : I ~ I Staff Statement Mike and Trevor 4312 S Cedar Street, Suite 4314 No Valid Certificate of Occupancy The structure lacks a valid Certificate of Occupancy as a group M occupancy. Building permit B2011-0200 [attached] was issued for interior alterations. Inspections were never requested and the permit expired after 180 days of inaction per section 105.5 of the Michigan Bttilding Code. The failure to obtain inspections and approvals make the construction illegal and invalidates the Certificate of Occupancy previously in effect. Number: 82011 -0200 BUILDING PERMIT Status: Issued APPLICATION LOCATION OF WORK: Address: 4312 S Cedar St Suite#/Tenant: Suite 4314 Parcel No: 33-01-01-33-402-172 Lot No: Subdivision: APPLICANT: Company Name: Last Name: Hanna First Name: Mike Address: 4314 S. Cedar St. City: Lansing State: Ml ZIP: 48910 Phone: (586)303-5649 FAX/CELL: (517) PROPERTY OWNER: Company Name: Last Name: Dabish First Name: Inc Address: 7220 Carlyle Crossing City: West Bloomfield State: Ml ZIP: 48322 Phone: () FAX/CELL: () CONTRACTOR: Company Name: Last Name: Hanna First Name: Mike Address: 4314 S. Cedar St. City: Lansing State: Ml ZIP: 48910 State License No: Expiration Date: Contractor Registration No: Expiration Date: Mechanical Sub-Numbers: Phone: (586)303-5649 FAX/CELL: (517) Master's Last Name: First Name: INSPECTION AREA: 391~ Name: Steve Swan 483-4365 ARCHITECT/ENGINEER: Applied: 03/17 /2011 Issued: 03/21/2011 Expires: 09/17/2011 Finaled: Other: Architect Look Up by Namel Architect Look U~ License Nol Add an Architect! Company Name: Architecturally Speaking First Name: John Last Name: Holowicki Address: 19931 Farmington Road City: Livonia State: Ml ZIP: 48152 Phone: (248)219-9386 FAX: (517) License No: 34172 Federal Code: 437 Publicly or Privately Owned: Private jDESCRIBE WORK: Install Interior Wall TYPE OF PERMIT: Commercial: PJ2011-0067 Alteration D Cert. of Occupancy Required D Community Development D Residential Rental OTHER PERMITS REQUIRED: PRIMARY CONSTRUCTION TYPE: V-B SECONDARY CONSTRUCTION TYPE: PRIMARY USE GROUP: M SECONDARY USE GROUP: PRIMARY ZONING DISTRICT: F SECONDARY ZONING DISTRIC: ZONING SPECIAL CONDITIONS: ID P.R.D. D S.L.U. D F.P. D N.C.U. D B.Z.A. D C.U.P.1 FEE TYPE AMOUNT PAID VALUATION OF WORK $600.00 PLAN REVIEW FEE $33.00 Pd -Cash INVESTIGATION FEE $0.00 Not Paid ADDITIONAL FEE $0.00 Not Paid BLDG. PERMIT FEE $60.00 Pd -Cash Technlology Fee $5.00 TOTAL FEE $93.00 Pd -Cash Paid to Date $93.00 Balance Due $0.00 COMMENTS: Plan Review letter PJ2011 ·D067.pdf INSPECTIONS ACTION INSPECTOR Footing Foundation/Backfill DATE 03/17/2011 03/17/2011 03/17/2011 DATE INSPECTION COMMENTS: