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Home My WebLink About2018.05.18.MM Commission packet1. Call to Order Chris Swope Lansing City Clerk City of Lansing Medical Marihuana Commission Friday, May 18, 2018 2 p.m. 124 W Michigan Avenue City Clerk Conference Room, gth Floor Agenda 2. Approval of the Agenda 3. Approval of Minutes 4. Commission Appeal Hearing Kesto Holdings, Inc. -5528 S. Martin Luther King Blvd 5. Excused Absences 6. Public Comment 7. Adjournment 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 MINUTES City of Lansing Medical Marihuana Commission REGULAR MEETING April 20, 2018 -2:00 P.M. City Clerk 9th Floor Conference Room 124 West Michigan Avenue The meeting was called to order at 2:10 P.M. BOARD MEMBERS PRESENT: ABSENT: Brockton Feltman John Addis Tracy Winston Anita Turner -·-··~---A QUORUM WAS PRESENT ----· ·--·-·· _ .. ,..._ .... -... ~-..... -,.. __ , .. , OTHERS PRESENT: APPROVAL OF AGENDA: APPROVAL OF MINUTES: --,.__ "_ ... , . ,.,, ........ ,_ -.... -.... Chris Swope, City Clerk ...:::::.. .. Brian Jackson, Chief DepJ:!!Y=.9 ify Clerk Deb Biehler, Office of tb.~:'Gity Clerk Meghan Petipren, Cj!y__:q erk Intern Heather Sumner, Offif~qf the City /)!!;o~r:iey Amanda O'Boyle, Office._f>f.J_he Ci!y:'~ttorney ___ ... ~... ' --~--... ....,....., ··-··~--~ ~ -·-... -..... _,,,, .. _______ .. Moved by.Br.ockton Feltman::.:;::::::·. · Second b~y.:John·L\ddis ·-·· MOTION GAB RIED~ . ..... --·---·~·· Moved by Brockton Felfmari-::..:. .__ ·- . -:::::Se.~9nd by John~Addis_:-:~:--=::__.-::;-.:::.-::;;. .~:{~--=-~~:~:ril1Q1.I;-~. CARRl~~~r:i;~--=~-:- CITY CLERK REPORT~~::=-· Updater:of the Medic~JJll1 arihuana Appeals to the City Clerk COMMISSION APPE~tS~RROCEDl:fRES: .... c-• .. <"<W -·.-. ·~ "' ... • __ .:;:5."7=:='7~-=--·-:~~":::_M_~~~~··~~~~~~[;;~~f~lt~an to accept the Appeal Hearing Format with ·---·--.-·::-::::... ····=!Q..e_Ehange of time to 10 Minutes for Clarification Questions by ·-· Commission ·-· ... ~:~ ·: . Set Bhd:by John Addis ····-· ":.-~:~ MOTiCiN~CARRIED ~: .. ~::: -~-- EXCUSED":-Aj3'SENCES: ;;Motion by Brockton Feltman. _ :.:.:._:...:_s·econd by John Addis ..•• ..:-:_=;::~.?MOTION CARRIED ....... . . -,...,. ... .,.,.. -~ ... PUBLIC COMMENT: ADJOURNMENT: 2:35 P.M. Tom Nemeth introduced himself as a pending Secure Transport applicant City of Lansing Medical Marihuana Commission Appeal Hearing Format I. Appeal packet provided to Commission and Appellant prior to meeting including: • The Hearing Officer Appeal Packet Copy with decision • 2nd Denial Letter outlining how to appeal to Commission • Applicant's appeal to commission with supporting documentation -Packet is read by the Commission in advance of meeting -Clarification Questions by Commission 10 Minutes II. Clerk's Office Presents Case 111. IV. v. -Time Allowance: Appellant Presents Their Case or Counter Arguments -Time Allowance: -Closing Summary of Clerk's Case -Time Allowance: Closing Summary of Appellant's Case -Time Allowance: VI. Deliberation/Questions by Commission V. Decision by Commission Approved: 4/20118 10 Minutes 10 Minutes 5 Minutes 5 Minutes ..r. stamJ)s endicia Shipping Label Receipt Delivery Confirmation™ Service Number: 9405 5118 9956 0562 6554 72 Priority Mail 2-DAY with USPS TRACKING#* Electronic Service Fee: $0.000 Total Postage and Fees: $6.55 Weight: 1 oz Print Date: 02/1512018 Mailing Date:02/15/2018 '::7 ~ From: Chris Swope To: Lansing City Clerk's Office 124 W Michigan Ave Floor 9 Lansing MI 48933 Kesto Holdings, Inc. 31800 Northwestern Hwy Farmington Hills Ml 48334-1655 USPS Postmar1< 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. Postmari< 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 cler1< 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 Name of Establishment I Establishment DBA (If Known) KESTO .HOLDINGS INC 420 SOLUTIONS OF LANSING Establishment Address City State 5528 S MARTIN LUTHER KING BLVD . Lansing Ml Medical Marihuana Provisioning Center Application OFFICAL USE ONLY February 6, 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: Conditional Denial: The submitted waste disposal plan does not contain sufficient detail to determine compliance with Emergency Rule 36. James Bennett, C.B.O. Building Safety Office Department of Economic Development and Planning Page 1of1 February 15, 2018 _ Kesto Holdings Inc. 31800 Northwestern Hwy Farmington Hills, Ml 48334 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 5528 S Martin Luther King Jr Blvd 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 with the City Clerk's Office a written statement 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 SCOTT .F. ROB .ERTS ----~--.......,._ ________ _ , A\"! --·---n Chris Swope Lansing City Clerk 124 W. Michigan Ave. Lansing, MI 48933 Sent Via Certified Mail February 19th, 2018 RE: Appeal of City of Lansing Application Denial Kesto Holdings, Inc. Dear Mr. Swope, SCOTT F. ROBERTS LAW , PLC 24359 NORTHWESTERN HWY STE 150 SOUTHFIELD, Ml 48075 TELEPHONE: (248) 234-4060 FACSIMILE: (248) 355-3103 SCOTT. F. ROBERTS @GMA IL.COM I J":'1t :-:I: (/.) .~ -·. 1 .. •.1 () -; ~-< C-) :- 1-1 :;;::i ~..-.. r--.:> = c:o ..,., rT"l •.::() N (_,_) \"") ~ -.. ..i:- C) I am the attorney for Kesto Holdings, Inc. ("the Company"). This letter is in response to your denial letter dated February 161h, 2018 sent to the Company stating the Company's City application was being denied due to the failure to obtain a Certificate of Occupancy. This letter shall serve as notice to the City of Lansing that the Company is appealing the decision to deny its application. An application to operate a provisioning center at 5528 S. Martin Luther King Jr. Blvd (the "Property") was sent to the City of Lansing in December, 2017. At that time, the property was being operated as a dispensary by another operator, who communicated to the Company that the Property had a valid Certificate of Occupancy. This was also communicated to the Company by the owner of the Property. On February 1st, the City of Lansing signed a continuing operation attestation for the provisioning center located on the Property. The provisioning center has been operating on the Property for several years without incident. In addition, the City of Lansing signed an Attestation E for the Property, in which the City "authoriz[ed] the temporary operation of the applicant" on the Property. .:;-,-:; r -1 0 fT1 ·~c: !I! r-1 ,___ SCOTT F. ROBERTS SCOTT F. ROBERTS LAW, PLC 24359 NORTHWESTERN HWY STE 150 SOUTHFIELD , Ml 48075 TELEPHONE : (248) 234-4060 FACSIMILE : {248) 355-5930 SCOTT. F. ROBERTS@GM AIL.COM Under the agreement to purchase the provisioning center from the current operator, the Company was to assume control of the provisioning center operations on February 161h, 2018, contingent upon the Company being granted the right to continue to operate under Attestation E of the State MMFLA application. Upon receipt of the City's denial letter, the Company has shut down operations at the Property. This letter therefore serves to put the City on notice that the Company is appealing this denial, that the Company will be shutting down operations on the Property pending City approval, and that the Company will be filing paperwork with the City to obtain a Certificate of Occupancy for the premises. If granted approval, then the Company will ensure that all necessary approvals, permits and certificates are obtained prior to opening. The appeal is based on the following grounds: The City of Lansing Application and Ordinance does not require or make as a prerequisite the obtaining of a Certificate of Occupancy for the granting of a City of Lansing Provisioning Center license. Instead, the Ordinance allows for the Certificate to be obtained during or after the license application process. Therefore, the failure of Company to obtain a certificate of occupancy was an improper basis for denying the Company's application, and such application should he considered on the merits of the application using the City's points based system. ~"'> ''""' = ;;;:.~ CQ (f) ..,, . ·-.:. rr-1 .-.1 .... c::; c-., c-) f"-..) (.,.) --i •-..:. ~ -:::.. 0 r·-.;;:-r.-: .. :;:-J ,_,..,, 0 2 ...... ~) ri-1 0 fll -i.:J:..:: !T! t---i '-- SCOTT F. ROBE .RTS ------L-A-W-,--------· February 28th, 2018 RE: Appeal of City of Lansing Application Denial Dear Mr. Swope, SCOTT F. ROBERTS LAW, PLC 24359 NORTHWESTERN HWY STE 150 SOUTHFIELD, Ml 48075 TELEPHONE: (248) 234-4060 FA CS IMILE: (248) 355-3103 SCOTT.F. ROBERTS@GMAIL . COM (/) -( (") r Pl l"-...J = = ~· :::-.J I c.n ;!::::> -,-, w I am the attorney for Kesto Holdings, Inc. ("the Company"), which submitted an applic:itJon m operate a provisioning center at 5528 S. Martin Luther King Jr. Blvd (the "Property"). Prior to February 151h, the property was being operated as a dispensary by another individual, who communicated to the Company, along with the property owner, Mr. Dale Kraus ("Landlord"), that the Property had a valid Certificate of Occupancy. Per the agreement between the Company and operator, the ·company was to take control of the dispensary operations on February 16th, 2018. Upon receipt of the City's denial letter on February 16th stating that the dispensary did not have a proper certificate of occupancy, the Company attempted to immediately shut down operations at the Property. Despite representing to the Company that he had shut down operations at the Property on February 16th, the previous operator has refused to vacate the building, and on information and belief, appears to be continuing dispensary operations at the Property. After the Company learned that the Property may not have been vacated, the Company attempted to contact the previous operator on numerous occasions with no success. At the urging of the Company, the Landlord has since taken measures to ensure the dispensary is shut down and prevent the previous operator from continuing illegal operations, including shutting off the power to the property and sending the operator a 30-day notice to vacate. Despite these actions, the previous operator appears to have turned the power back on and remained in the Property. Therefore, in order to ensure that the previous operator does not continue to use the Property, the Company has asked the Landlord to take additional steps, including bringing in eviction action against the operator. -,., ,.-._, iTj CJ r-r1 ·< fT! CJ SCOTT :F. ROB.ERTS ---------------LAW SCOTT F. ROBERTS LAW, PLC 24359 NORTHWESTERN HWY STE 150 SOUTHFIELO, Ml 48075 TELEPHONE: (248) 234-4060 FACSIMILE: (248) 355-5930 SCOTT.F. ROBERTS@GMAIL.COM This letter is to inform you that the Company has, and continues to take, all reasonable actions to comply with City of Lansing zoning laws. Please direct any communications regarding the subject matter of this letter or the appeal initiated by the Company to my firm using the contact information in the firm's letterhead. Si!FJ&.rely ~ , I S~ott F. oberts, Esq. r~ ~ ~. = .;.~· :::_: c::o 'r. ::r:: .._, J ::,::;-.... (,.' ::;c.J I c-:: Ul --~ -~ ~ 3: () I l"Ti {..,') ;.t] --' 2 -., ,...;,_, rr-i C:· rn < !•: c Hearing Officer Decision March 15, 2018 Introduction & Background This recommendation is pursuant to the appeal process outlined in Section 1300.15 (c) of the Lansing Code of Ordinances. Kesto Holdings submitted an application to the City of Lansing in December of 2017 to operate a provisioning center at 5528 S. Martin Luther King Jr. Blvd. This location had been previously operating as a provisioning center under different ownership. On February 15, 2018, the City Clerk issued a denial of the application because the location did not have a valid Certificate of Occupancy. Kesto Holdings has appealed the decision that was issued by the City Clerk citing that the Application and Ordinance do not require as a prerequisite a Certificate of Occupancy. Kesto Holdings states that they were to take control of the dispensary on February 16, 2018 when they learned that there was not a valid Certificate of Occupancy. Kesto Holdings attempted to shut down the operations, and the prior company misrepresented to Kesto Holdings that the operations had ceased. Kesto Holdings then found out that that the illegal operations had not been ceased. Several measures, including eviction actions have commenced to prevent the illegal operations from continuing. Applicable Ordinance Provisions • Section 1300.05(e) Except as provided in Section 1300.18 no application shall be approved unless: 1. The Fire Department and Building Safety Office have inspected the proposed location for compliance with al! laws for which they are charged with enforcement and for compliance with the requirements of this chapter. • Section 1300.06(4) Whether the applicant or any of its stakeholders have a record of acts detrimental to the public health, security, safety, morals, good order, or general welfare prior to the date of the application; whether the applicant or any of its stakeholders have previously operated an illegal business of any kind, including any violation of City medical marihuana moratoriums. Analysis The section of the ordinance above provides that the Building Safety Department is to inspect the property for compliance with laws they enforce and they found that there wasn't a valid Certificate of Occupancy. The Building Safety Department also states that the facility operators have a history of non-compliance. While I understand that Kesto Holdings did not have control of the previous operators who were in violation of the ordinance, they should have done their due diligence in researching the business they were acquiring. It's my recommendation that this application be denied because of the above referenced sections of the ordinance and the fact that this business was operating contrary to the ordinance when the application was received. Elizabeth O'Leary Employee & Labor Relations Specialist stamJ)s endicia Shipping Label Receipt Delivery Confirmation™ Service Number: 9405 5118 9956 0513 7390 53 Priority Mail 2-DAY with USPS TRACKING#* Electronic Service Fee: $0.000 Total Postage and Fees: $6.55 Weight: 1 oz Print Date: 03/1612018 Mailing Date: 03/1612018 From: Chris Swope • Lansing City Clerk's Office \ 124 W Michigan Ave Floor 9 Lansing Ml 48933 To: Kesto Holdings, Inc. 31800 Northwestern Hwy Farmington Hills Ml 48334-1655 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 infonmation 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 Kesto Holdings, Inc. 31800 Northwestern Hwy Farmington Hills, Ml 48334 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 4:22 PM 'kesto@comcast.net' Subject: Provisioning Center Application Update March 16, 2018 Kesto Holdings, Inc. 31800 Northwestern Hwy Farmington Hills, Ml 48334 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 SCOTT F. ROBERTS LAW , PLC SCOTT F. :ROBERTS ---------------------24359 NORTHWESTERN HWY STE 150 SOUTHFIELD, Ml 48075 LA vV Lansing City Clerk's Office Ninth Floor, City Hall 124 W. Michigan Ave. Lansing, Ml 48933-1695 Sent via Overnight Mail March 22, 2017 TELEPHONE: (248) 234-4060 FACSIMILE: (248) 355-3103 SCOTT .F. Ro BERTS@GMA!L.COM RE: SERVICE BY OVERNIGHT MAIL ON MARCH 22, 2018 Dear Mr. Swope, Please find a copy Appellant's letter brief sent in response to Appellee's denial of Kesto Holdings, Inc. 's application to operate a Medical Marihuana Provisioning Center in the State of Michigan. You may contact me using the information contained in this letterhead. Be~ 1J A l 11A-k-Scott F. Roberts, Esq. PROOF OF SERVICE The undersigned certifies that Appellant's Appeal of Denial of Application was served by causing to be sent by nationally recognized overnight package carrier on this 23rd day of March, 2018. l:g] Overnight Courrier D Other e-file Signature: Isl Rhea Knott :::=· i .... ~ c:-...::i ...... C::;> (.') -·· . ....:... :::{:; r:..-' C-:· f'..) (.,J ··< ...,... ...... --· ("') I N r:."1 .. .. ~:.' .,- -..; 1 ~::c f'-1 "-:-::, r~,-~t c: ;y-; I ' "··- SCOTT .F. ROBERTS SCOTT F. ROBERTS LAW, PLC 24359 NORTHWESTERN HWY STE 150 SOUTHFIELD , Ml 48075 -------·-----·---LAW TELEPHONE: (248) 234-4060 FACSIMILE: (248) 355-3103 SCOTT.F. ROBERTS@GMAIL.COM March 21, 2018 Appellant: Kesto Holdings, Inc. 31800 Northwestern Hwy STE 200 Farmington Hills, MI 48334 Appellant's Attorney: Scott F. Roberts Law, PLC Scott F. Roberts (P74324) 24359 Northwestern Hwy STE 150 Southfield, MI 48075 Appellee: Lansing City Clerk's Office Ninth Floor, City Hall 124 W. Michigan Ave. Lansing, MI 48933-1695 __ ... j"-i-,, i""7'1 ::-:::i -.-.. .........: ~, RE: Appeal of Denial of Application for Failure to Obtain a Certificate of Occupancy for 5528 S. Martin Luther King Jr Blvd (the "Property") 1. Summary of Appeal Kesto Holdings, Inc. (the "Company"), by and through its attorneys, Scott F. Roberts Law, PLC, sent notice to the City of Lansing ("Appellee") that it is appealing Appellee' s decision contained in a letter received by the Company on February 16, 2018 and improperly dated March 21, 2018. The Company is appealing the decision on the grounds that the City Clerk lacked the authority under City Ordinance No. 1217 to deny the Company's application based on actions taken or not taken by the previous operator. Specifically, the Ordinance requires the City Clerk to evaluate and score the application because it was submitted in compliance with the Ordinance and further requires the Clerk to grant or deny the Company's license application based on the scoring method enumerated in the Ordinance. 2. Factual Background Prior to submitting its application to the City of Lansing, the Company entered into a lease agreement with the owner of the Property to take over the Property. Simultaneous with this lease agreement, the Company entered into a second verbal agreement with the current operator SCOTT F. ROBERTS ·-LAW ---· SCOTT F. ROBERTS LAW, PLC 24359 NORTHWESTERN HWY STE 150 SOUTHFIELO, Ml 48075 TELEPHONE : (248) 234-4060 FACSIMILE: (248) 355-5930 SCOTT. F. ROBERTS@GMAIL.COM of the Property to allow the operator to continue operating up to the February 15th, 2018 continuing authorization deadline, at which time the Company would take over operations. At that time, the Company had believed representations made by both the operator and the owner of the Property that the operations on the Property were in compliance with municipal law. After entering into these two agreement, the Company submitted an application to the City of Lansing for a municipal provisioning center license in compliance with Chapter 1300 of the Lansing Municipal Code. On February 5th, 2018, in preparation for its State Application, the Company sent a representative to the City of Lansing Clerk's office to obtain a temporary authorization attestation, or Attestation E. Ms. Rhea Knott, a certified paralegal working for the Company's attorney, went to the City Clerk's office with Attestation E, which was signed by the President of the Company earlier that day. The City of Lansing signed and notarized Attestation E for the property located on 5528 S Martin Luther King Jr. Blvd. See attached Attestation E. Based off ""'-r-......:i ...:.. . c:.:; this Attestation, and representations made to the Company by the owner and operator, ~~'.e C:·.::> ·-· Company reasonably believed that it was in full compliance with all applicable laws aq5f; :u.:.:i ,,._,; .. :..::;; l ' N ; ) c_,_·, (T/ regulations of the City of Lansing. -a ··--:.• 1:-:) -r2:J The Property had previously operated as a Medical Marijuana dispensary for a~astl>ne '--: .., .. ,~.i -.- year prior without incident and was being operated as a dispensary by a third party up:untilthe February 15th deadline. On February 15tl1, 2018, the Company submitted its state pre- qualification application to the State of Michigan Bureau of Licensing and Regulatory Affairs ("LARA"). As part of the state application, the Company submitted the attached Attestation E. On February 16th, the Company was set to take control of the Property from the previous operator per their agreement, but prior to doing so, the Company received a letter from the City whereby the Company learned that there was no valid Certificate of Occupancy for the Property. Upon receipt of the letter, the Company immediately called the operator and told him he needed to cease any and all operations at the Property immediately. The operator agreed to cease further 2 SCOTT F. ROB .ERTS ----·-------·------·---. LAW SCOTT F . ROBERTS LAW, PLC 24359 NORTHWESTERN HWY STE 150 SOUTHFIELD, Ml 48075 TELEPHONE: (248) 234-4060 FACSIMILE: (248) 355-5930 SCOTT. F .ROBERTS@ GMAIL. COM operations and an appeal letter was drafted and sent to the City the following Monday. Approximately one week later, the Company directed its attorney to conduct additional due diligence to ensure that the Company was doing everything it could to comply with the City's ordinance and the State licensing law. While conducting this due diligence, the Company's attorney learned that the operator may not have ceased operations at the Property, despite representing to the Company that he had shut down the Property. 1 Upon learning that the provisioning center may still be operating despite the previous operator representing to the Company that it had been shut down, additional calls were placed to the operator, who initially represented to the Company and the Company's attorney that the Property had been shut down. When a follow up inquiry by the Company's attorney confirmed that operations at the Property continued,2 the previous operator stopped responding to the Company or answering his phone. At that time, the Company directed its attorney to send a follow up letter dated February 28th, 2018 to the City of Lansing informing them that the previous operator had continued operations after February 15th_ The Company has since taken several steps to secure the Property. At the direction and request of the Company, the Landlord called the police in an attempt to get the previous operator to cease operations on the Property but was unsuccessful. In addition to Landlord's calls to the police, the Company has also contacted the Lansing Police Department and discussed the situation with Detective Cutler. The Company also requested, and the Landlord agreed, t~· beg__ip _;.. .• c:::.:) an eviction action against the previous operator. See Attached Notice to Quit. ~. •• ......:1 .;-" • .I f'._) (..1.,) 1 A call was placed to the number listed for the dispensary. The person on the other line-which the Coll)~ny ::I~ believes was the previous operator-stated that the dispensary was open that day for business, which co~tI!8.diqfID:i the operator's previous representations to the Company. !2] ;.:_ 2 The previous operator had taken steps to hide this from the Company, including telling callers from 3 l{~nd :U8 area code numbers that the Property was closed but telling callers from 517 area codes that it was still open. Subsequent calls from a 517 area code phone to the phone number listed for the dispensary revealed that this did not take place. In addition, the Company's attorney sent someone by to check on the property, which revealed that it was still open for business. 3 \ .. _,.· SCOTT F. ROB :ERTS LAW SCOTT F. ROBERTS LAW , PLC 24359 NORTHWESTERN HWY STE 150 SOUTHFIELD, Ml 48075 TELEPHONE: (248) 234-4060 FACSIMILE: (248) 355-5930 SCOTT. F. ROBER TS@GMAIL. COM Finally, the Company, acting through its Landlord-Dale and Lori Kraus-has started the process of obtaining a certificate of occupancy for a Medical Marijuana provisioning center for the Property. See attached Permit. In sum, the Company has taken all reasonably available steps to ensure compliance with the City of Lansing Ordinance and state law. It would therefore be improper to deny the Company's municipal license application based on the bad acts of a third party. Instead, the Company's application should be approved or denied based on the i?-::5 merits of the application. 3. Legal Basis .... --_-. ~) -: -· .... :_:_-"21 I' . .) (_,.) C) r-·· N The City of Lansing adopted Ordinance No. 1217 (the "Ordinance") to "providf(or the regulation and licensing of medical marihuana establishments. Specifically, Section 1300.5, 1300.6, 1300.7, and 1300.8 regulate the licensing, submission and evaluation process as well as licenses generally. Because the City's denial of the application was not based on the enumerated factors laid out by the Ordinance, but instead based on factors not contained in the ordinance, the decision to deny the Company's application was arbitrary and capricious and therefore unlawful. Section 1300.5 provides the material required to be submitted as part of the City application as well as the approvals needed to be granted a license. Nowhere in this Section does it state that a Certificate of Occupancy is a precondition, prerequisite, or even a factor that can be considered in the approval or denial of an application. In fact, 1300.5(E)(l) states only that the "building safety office have inspected the proposed location for compliance with all laws ... " (emphasis added). It does not state that the location must have previously complied with these laws, only that the property has been inspected-nothing more. Nonetheless, the Company's license application was denied for the failure to obtain a certificate of occupancy. This denial was therefore outside the scope of authority granted to the City Clerk by Ordinance 1217 and therefore must be reversed and the Company's application evaluated on the merits. 4 i.. .. _: SCOTT F. ROBE :RTS LAvV SCOTT F. ROBERTS L AW, PLC 24359 NORTHWESTERN HWY STE 150 SOUTHFIELD, Ml 48075 TELEPHONE: (248) 234-4060 FACSIMILE: (248) 355-5930 SCOTT. F. ROBERTS@GMAIL.COM Moreover, Section 1300.6 states that the "city clerk shall assess, evaluate, score and rank all applications submitted according to the provision of this chapter." (emphasis added). The use of the word "shall" means that the city clerk must assess and score all applications submitted in accordance with the chapter. In other words, under the plain language of the Ordinance, the City Clerk does not have discretion to deny applications that were submitted in accordance with the Ordinance. In the present situation, the Company's application was submitted in compliance with the ordinance-the Company even received a continuing operation attestation for the Property from the Clerk's Office. Because the application was submitted in accordance with Chapter 1300, the Company's application must be assessed, evaluated, scored and ranked by the City Clerk and the application must be approved or denied based on this evaluation. In sum, the City's denial of the application based on the prior operator's failure to obtain a certificate of occupancy was in violation of Section 1300.5 of the statute, and the failure of the City to evaluate and rank the Company's application based on the factors set forth in Section 1300.5 was in violation of Section 1300.6. Accordingly, under Ordinance No. 1217, the City must overturn its denial and evaluate, score and rank the Company's application as required by the Ordinance. The City must also approve or disapprove of the Company's license application on the factors set up in the ordinance and not the prior bad acts of a third party. 5 ,,...., : .. : .. -< -; ~ LICENSING AND REGULATORY AffAIRS CUSTOMER C·=ir.'EN etSINf'SS f\1:r,(JE0. Kesto Holdings Inc 5528 S Martin Luther King Jr. Blvd Lansing, Ml 48911 ATTESTATION E (Use BLUE or BLACK ink ONLY) TEMPORARY OPERATION ATTEST A TI ON (To be signe~ by the municipal clerk or their designee and submitted by the applicant) ·'· · · Do not sign until i~otary is present . · . " . PART.A: . {~ l I . · _____ .. .. ff . I J J , I, \.'\1: /l _.· , ) l (J . ~ e( (clerWdesigne~):br L . r l./--1. () r "\_c1-'!,l /~ '(m\111icipality), hereby attes o the Bureau of Medical Marihuana Regulation (Bureau) ~plicant for a stat~ operating license as n~cd below in part 8 , is authorized to temporarily operate a proposed marihuana facility as provided_jiJ the LARA-BMMR, Brnergency Administrative Rules filed with tl1e Sec. of State on 12/4/17, because I of the following conditions applies: J (I) The applicant's proposed marihuana facility is within a municipality that adopted an ordinance before December 15, 2017 but is pending the adoption of an ordinance pursuant to section 205 of the Medical Marihuana Facilities Licensing Act, 2016 PA 281 (MMFLA). l forther attest that the following are accurate: (a) The municipality has adopted an ordinance before December 15, 2017. (b) The municipality authorizes the temporary operation of the applicant. (2) The applicant's proposed marihuana facility is within a municipality that has adopted an ordinance pursuant to section 205 of the MMFLA before December 15, 2017. l forther attest that the following are accurate: (a) The municipality has adopted an ordinance pursuant to section 205 of the i'vlMFLA, including, if applicable, the disclosure of any limitations on the number or type of marihuana facilities, or both. ,..... ..... ,., (b) The municipality authorizes the temporary operation of the applicant. A resolution may be adopted by a municipality ·' :~ \ 11 t.'.1·~~b?izes t~e clerkofthe municipality or his or her designee to sign this attestation form . . !\ J ~--Jt, /L _ .. _____ . V Cle'i'k\Or dc~ignec) t ,, i . i-1 , C)~ l (//J. l /-) ; , .. 1 "'=" -) (/"] Date / /.,.. .-~·" f\,) c--·, (....) -: -::: C-) I Pl NoLary Public Signature Nolary Public Printed Name ;:;,:1 State of (Y\'c,k 1 RQh , County of-=--r-~ . Acting in the County o~ w'l My commission expires: ~ / t fJ / ( B . ROB\N Si\TE~"AICHlGA~ ....... ew pUBUC-STA'TE OF • ......,,,......._,..,. n.rTV OF INGHA.M . r-... , ; I j ~ •..::.:--[-('! t:_J c:_·_:; PART B: I.NU'" 'ExDlrea Mar.18, 20·18 . . . T, the applicant, understand that l am submitting this Attestation E in -~tnfhe Emergency Ad111m1strattve Rules. l understand that if! do not comply with the Emergency Administrative Rules and the MMFLA, l shall cease and desist operation of a proposed marihuana facility and may be subject to all the penalties, sanctions, and remedies under state and federal law, the MMFLA or the Emergency Administrative Rules. l understand that temporary operation under the Emergency Administrative Rules does not guarantee issuance of a state operating licensee. y,,,d/~ Applicant Signature Managing Member Title 2/5/17 Date BMMR (New Dec-17) Page 7 of 21 3/22/2018 imagejpeg_O.jpg 3.u!R?V:?~. t!l ephOnfl no. ~ ·."ti~ IW(;U b\.' l<t1'Y, th.fl ! nd!oriJIJ<]Hldla~y ! c~~ . IFICATE_Of7 siRVICEI r t>r:trved lhi. rtolioe on t?t,:::~!o.;!·,:__::~ N:ir11n .3LJ~~T~~~".4!:~~~Wil'llE":ll!!l;:J, https://mail.google.com/mail/u/O/#search/kesto%40comcast.net/162462edbb0dcaa 7?compose=new&projector= 1 &messagePartld=O .1 1/1 Andy Sci1or. Mayol' Applicant: KRAUS DALE A & LORI A 5488 E PRICE RD SAINT JOHNS MI 48879-9151 Building Safety Office Economic Development & Planning 316 North Capital Ave Suite C-1 Lansing, Michigan 48933-1238 (517) 483-4355 Building Type Status: ISSUED r-· -<'.j ;;;:-; -----=-· .. : .. C:J (_:") -T,.,. p~•~ -~--, :::1~ f..7) ~:c C i r-.) (,.) -.--1 Permit:Number:<.:: PBf6-1~~1 r-r: f Tj :.:::1 ~- Applied: 08/30/2016 Issued: 03/14/2018 Expires: 09/10/2018 Finaled: THE BUILDING PERMIT OR COPY SHALL BE KEPT ON THE SITE OF THE WORK UNTIL COMPLETION OF THE PROJECT LOCATION OWNER CONTRACTOR 0 5528 SM L KING JR BLVD KRAUS DALE A & LORI A 33-01-05-05-126-101 5488 E PRICE RD Zoning District: SAINT JOHNS MI 48879-9151 Phone: (517) 898 3786 Phone: (517) 898 3786 Fax: Fax: Inspector: Chad Wakley (517) 483 4364 chad.wakley@lansingmi.gov Work Description: Change use from Barber-Salon to Medical Marjuana (B to M) 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. The Design Professional of Responsible Charge and all listed linked names were emailed a link to the Approved Set of Drawings with comments. Primary Constructions Type: Primary Use Group: Permit Item Com $1-$2,000 Technology Fee Primary Zoning District: Project: JCCG 16-0021 Work Type Standard Item Commercial Standard Item Fee Basis 1.00 1.00 Fee Total: Amount Paid: Balance Due: Item Total $90.00 $10.00 $100.00 $100.00 $0.00 CONDITIONS UNDER WHICH BUILDING PERMIT ISSUED This permit is issued upon the express conditions that the person, firm, 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 constrnction, and adjacent area free oflitter, 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. I 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 pe1mit 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 pe1mit(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. :- }.> 2; ""'""';? #.:_ C.'.) (_ .-. ....,, -· .:·:c .... _ .... .:-.. ~:~·,; :::v i ·.-~. ~ ~ j""',) ,-....,. l:-;.. (...,) ,_ J ·--1 ~-';-] ( -:::; --·· ~--;: ··-.. (") r·t7 r .. -v r---, J •• ..: 1 • r·.-; --· ,._ .,..-~i ··-c:i stam~s endicia Shipping Label Receipt Delivery Confirmation™ Service Number: 9405 5118 9956 0900 6743 87 Priority Mail 2-DAY with USPS TRACKING#* Electronic Service Fee: $0.000 Total Postage and Fees: $6.55 Weight: 1 oz Print Date: 04/0412016 Mailing Dale: 04/0412016 From: To: Chris Swope Lansing City Clerk's Office 124 W Michigan Ave Floor 9 Lansing Ml 48933 Kesto Holdings, Inc 31800 Northwestern Hwy Suite 330 Farmington Hills Ml 48334-1665 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 ii 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 4, 2018 Kesto Holdings Inc. 31800 Northwestern Hwy Suite 330 Farmington Hills, Ml 48334 Dear Applicant, Chris Swope Lansing City Clerk 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 5528 S Martin Luther King Jr Blvd. 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. 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 city.clerk@lansingmi.gov SCOTT F. ROBERTS LAW May 2, 2018 City of Lansing Medical Marihuana Commission Attn: City Clerk 124 W. Michigan Ave. 9th Floor, City Hall Lansing, MI 48933 RE: Appeal of City Clerk Decision -Kesto Holdings, Inc. Dear Medical Marihuana Commission, SCOTT F. ROBERTS LAW, PLC 500 TEMPLE, SUITE 2M DETROIT, Ml 48201 TELEPHONE: (248) 234-4060 FACSIMILE: (248) 331-2458 SCOTT. F. R 0 BER TS@G MA IL. C 0 M r .. - )> (_!) c;-:. c:i ---: ~- c-; ·-· r·-'l ;"'•1 "" = = -~ _,. ... ;.;..".~ -< i .-- -o --- ['-.) .. c..n \.0 I am the attorney for Kesto Holdings, Inc. ("the Company"). This letter is in response to the City Clerk's decision dated April 4th, 2018 to deny the Company's appeal for reconsideration. This letter shall serve as notice to the City of Lansing Medical Marihuana Commission that the Company is appealing the City Clerk's decision to deny its provisioning center application. To provide a brief synopsis of the timeline to date, an application to operate a provisioning center at 5528 S. Martin Luther King Jr. Blvd (the "Property") was sent to the City of Lansing in December, 2017. At that time, the property was being operated as a dispensary by a different operator. Under the agreement to purchase the provisioning center, the Company was to assume control of the provisioning center operations on February 16th, 2018, contingent upon the Company being granted the right to continue to operate under Attestation E of the State MMFLA application. On February 1st, the City of Lansing signed a continuing operation attestation for the provisioning center located on the Property. The provisioning center has been operating on the Property for several years, and we are shocked to find out that the provisioning center has been allowed to operate during this time without proper City approval. What is particularly surprising to us is that the City of Lansing signed an Attestation E for the Property, in which the City "authoriz[ed] the temporary operation of the applicant" on the Property. On February 16th, 2018, the City denied the Company's application due to the failure to obtain a Certificate of Occupancy, which the Company timely appealed on March 21st, 2018. The Company further asserted that the City of Lansing Application and Ordinance does not require or make as a prerequisite the obtaining of a Certificate of Occupancy for the granting of a City of Lansing Provisioning Center license. Therefore, this was an improper basis for denying the Company's application, and such application should be considered on the merits of the application. However, on April 4th, 2018, the City Clerk denied the Company's appeal. .....-() ;r·i (~) r r: ... :.::: fT~ {--, SCOTT F. ROBERTS LAW S COTT F. ROBERTS L AW, P LC 500 T EMPLE, S UITE 2M DETROIT, Ml 48201 TELEPHONE: (248) 234-4060 F ACS IMILE: (248) 331-24 58 S COTT. F . ROB ER TS@ GMA IL .COM It appears that the City Clerk's denial was based on the bad acts of an umelated third party, as described in detail in the Company's March 21st, 2018 appeal letter, and it remains the Company's position that the merits of the Company's application wanant the Commission's reconsideration of the City Clerk's denial. The Company reiterates that it has taken all possible measures to assist in shutting down operations on the Property pending City approval, and that the Company has filed paperwork with the City to obtain a Certificate of Occupancy for the premises. The Company has acted in good faith in attempting to obtain a provisioning center license and should not be denied its license due to illegal acts committed by someone not a part of or under the control of the Company. The Company further states that as the City Clerk's decision was made based on a factor outside the scope of the ordinance, the City Clerk's decision to deny the application was therefore arbitrary and capricious. If granted approval, the Company assures the Commission that they will ensure that all necessary approvals, permits and certificates are obtained prior to opening. :-''" --::.-, .~ = = U J ::r: -:.:•:--··· ,~ •4·. h.: •. I c·:: -~-----;:i -.!.:.,., c r--N r 01 UJ ::::j \.!) 2 -.... .., ... -·~) Pl () r-r1 •J:::: 1'! C · City of Lansing Departmental Response Kesto Holdings 5528 S MLK No Occupancy Permit On 4/27/2016 Brian Carter, Chief Electrical Inspector, noticed the building had changed use groups and stopped in to inform the occupants and left a correction notice. ~ fi'i Tools .. BJM1p • l" ' .. . '' I. , :.M-m: .562.~S/tLiill\GJf\£~\'O . ""'"·-··· ........................... , .. .. .. , ' .. : .. ····· On 8/30/2016 Lori A Krauss filed an application for plan review and a Registered Design Professional Form. [attached] On 9/1/2016 the plan review fee was paid. On 9/22/16 the plan review letter and link to the reviewed drawings was sent to the Design Professional. 1 1: , .;, Resend --,:; Forward Reviewed Documents are Available to View o'':·.:· Thu 9(22/2016 11:15 Al.·! T j Jt:stln.Fudge@hdrinc.com Att2chn1entl .pdl: Document reviews have been cowpleted on the following record: Process Step: Review, PZE Process: Commercial Plan Re\~ew, PCPR16-0l i3, Project Change of use to wediccl =juana (NI), JCCG16-0021, Parcel: 33-01-05-05-126-101 Re\iews have been completed on the follm\ing documents: Architectural A surumary of the documents can be viewed here: Click here to \1ew Document Siulllnan· The Building Safety Office has approved the drm\ings with stipulations. 111e Zoning Administrator Susan Stachowiak did not approve due to the woratorirnu ou new medical marijuana dispemaries. Page 1of2 The revised plan review letter was sent to the Design Professional and the Owner on 11/16/2016. This letter contained the denial from the Zoning Office to issue a permit. [attached] --------'~,;:-,--;;~ 't" r '·"•'· -""and ..,ftl\',Jtd i ] R•vl•w•d Documents .re Av11fabl110 Vl1w i l'i1:>?l/!V:~:lUJ .:.JI ~-klll'\f~;l·~~·.~c.:..:r.'I I : f.::!o:t=~J!r<,.,, l ' 1 DoclClCJll rc-.icwJ h.:i.\•c bun .:onp!ttcd on I.hr fclowicllii 1c.:Ol'd: I j ?ro.:-cu Strp: Rc1icw, I PZI Procm: Cottlllla'cUI Pl.u:r. Reiiet"o', PCPRltS-0173, I I Piojc.:t ~ccfuJcto ru::dt::ilowju:n.l{)Q, JCC016·00.'.!1, i Pu.;cl:J:3-0l-05-05-1.'.!6-101 I I I Rn;"" b,n·, bmi c_L,,d oo ~. fo!lo•>i; do..'\m""': , A1.!;:rt'.h:ir.1 i .\ Slllmllilr)' ofihe doc~aws C'.'.JD be 1icwcd htte. Cb:·~ h.,~ 1o1 •i,.w Dr<,,::1l!':lf !;1:nn:v•· Therefore, no valid Certificate of Occupancy exists for the M use group. The occupants knowingly maintained their illegal occupancy of the structure and their application for a provisioning center was denied. UPDATE: 11/l~~H 'JH>J.: 11iir.-:~:c~)1)rJ.J On March 14th the applicants provided a letter to the Zoning Administrator and she authorized that a building permit be issued. As of 3/28/2018 they have not requested any inspections. A new Certificate of Occupancy has not been issued. Page 2of2 Department of Planning· and Neighborhood Development 316 N. Cnpitol Ave., Suite C-1-Lo.nslng, MI 48933-1238-(517)483-4355 -Fax (517) 377-0169 Robert Johnson, Diroctor wwwJo.nsingmi.gov Yirg Demero, Mayor Building Safety Office Registered Design Professional Form Registered Design Professional in Responsible Charge (DPRC) In accordance with the section 107.3.4 MBC 2012, the Project Owner must designate the licensed architect or engineer who is the project's Registered Design Professional in Responsible Charge. The designated architect/engineer must be a licensed professional, and is responsible for reviewing and coordinating all submittal documents prepared by consultants for compatibility with the building design. Documents may include: design/build submittals, def<med subrnittals, special inspections and structural observations. Project Address; 552-6t_SOUTH MARTIN LUTHER KING JUNIOR BOULEVARD Projcctffen~nt Namc:_.---'-L'--E"-A'-'M_C_C_O_O_L ________________________ _ <~( COL Project#: ~---~---------------------------~ Registered Design Professional in Res1>0nsible Charge First Name: JUSTIN Last Name: FUDGE Company:-~· ---------.,,.----------Phone: (517) 285-0345 Address: ~74 ARGYLE GRES City: MILAN State: Ml Zip: 48160 --- E-mail: justin fudge@yahoo.com Cell: (517) 285-0345 License# 6201061433 ~· I accept the Responsibilities of DPRC: Signature ·&---~~<.:><;:.........__}l\_,__......__a......,..""'~;:;.;:;_-..:;;.__·· __ _ Owner Information First Name: DALE AND LORI LnstName: KRAUS Address: 5488 EAST PRICE ROAD City: ST JOHNS State: Ml Zip: 48879 E-mail: hottruck12@gmail.com Phone: (517) 898-3786 ·Fax: As the PROJECT OWNER, I designate the abuvc person as my registered professional for the project noted. I understand that tho nrchitect/engineer designated shall be responsible for reviewing and coordinating all submittal documents prepared by others for the duration of the project. I also understand that I roust provide written n~tion to tho Building Official if my designee is changed. Vd (/ £i&.,4 L~. /~u:z . ~~ O/~ Owner Signature / Date ('cf~(~.-o(7] Application for Plan Review City of Lansing, Building Safety Office 316 N. Capitol A venue, Suite C-1 Lansing, MI 48933 Location of Prop-0scd Construction: Facility Name: 420 Solutions Address: 5528 SOUTH MLK JR BOULEVARD Parcel Number: 33-01--05-05-126-101 Suite Number:----------------- Building Data: Gross Floor Al'ea: New Building: ___ SQ. FT. Addition: ___ SQ. Ff. Alteration: 1, 139 SQ. FT. CHJl..ki2Eo~ ~ i:; Repair: SQ. FT. Classification per Building Code: -Building Use Group: _M_ Construction Type: 1..§!Qry Arca per Floor: 1, 139 No. ofFloors: _1_ Number of Occupants: ___ _ Fire Sprinklers: None: _L Entire Building:__ Limited Arca (Describe):---------.------ Description ofprojcct: Change of use from Barber-Salon/Spa to Dlspensary(/nLJt~"' I rY\a 'Jw;.vi ,,_) Design Professiona1 Jn Responsible Charge: Firm Name: N/A ------------~ Michigan License Number: 6201061433. Mailing Address: 474 Argyle Gres. Telephone Number: ( 517 285-0345 Licelllled Individual: --=-Ju=-=s=ti=n....:.:M=·....:.F-=u=d.c..ge=---------- Email: justin fudge@yahoo.com City: Milan State: _iyl_I _Zip: 413160 Fax Number:(.__ _ _, --------- Applicant: · ~ ~~.#.&.-= Finn Name: /P'fi z1= ~A--ttS Individual: ~,, ( (~ /7"~' ~ _,. Email:"SMuc;> fr£~ -F~ M•iling Add==:di:a&;;;; ;f; city: -~de'.J";:»)':'.'2 Stot" ~., ~ Telephone Number: (. gz ) t2ff-S~ 'ZJ-'f1 51t' F~ ~~((ff ). ~,.. vro.1 ~ ~W?? )<.Applicant Signature:~~""""""·-7'-~~'""~""'~z;,.A~---------- Projoct/Construction Manager: (If Applicable) Finn Name:-------------Individual:--------------- Email: __________________ _ Mailing Address:--------------City:----------Stato: __ Zip: ___ _ Telephone Number: ( Fax Number: ('----J -------- Bufldlng/Property Owner: Firm Name: ____________ _ Individual: Dale and Lori Kraus Email: hottruck12@gmail.com Mailing Address: 5488 E. Price Road City: St. Johns State: _M!__ Zip: 48879 Telephone Number. ( 517 ) 898-3786 Fax Number:<~-~ -------- Valuation of Work: $-..5l>D.c:t) """"-----------Plan Review Fe~: $ 134 ~~--------- Depa1i111ent of Pla1u1ing and N eighborhoocl Develop111ent 316 N. Capitol A•·<>, Suit•C-1-Laruing, MI4S933-U3S-(51 i)4S3-4355-Fa.x (517) 377-0169 Rob.rt Johnson, Director \\"".V''\V.lansin,gm.i.gov Building Safety Office Process Number: PCPR16-0173 Address: 5528 S M L KING JR BL VD Project Scope of Work: Change use from Barber-Salon Review Notes: Building-approved with conditions Zoning-Disapproved Plans Reviewer: Jon Snyder 517-483-6837 or Jon.Snyder@Lansingmi.gov Building-approved with conditions Comments 1. Architectural -Customers, patrons and visitors shall be provided with public toilet facilities in structures and tenant spaces intended for public utilization. Please revise. [Tag 0001] 5528 S. MLK Plans-001 2. Architectural -Ramps with a rise greater than 6 inches shall have handrails on both sides. Handrails shall comply with Section 1012. [Tag 0002] 5528 S. MLK Plans-002 3. Architectural -Edge protection complying with Section 1010.10.1or1010.10.2 shall be provided on each side of ramp runs and at each side of ramp landings per section 1010.10 [Tag 0003] 5528 S. MLK Plans-002 4. Architectural -Guards shall be provided along the open side of walking surfaces, mezzanines, industrial equipment platforms, stairways, ramps, and landings located more than 30 inches above the floor or grade below. Guards shall comply with the requirements of section 1013 MBC 2012. [Tag 0004] 5528 S. MLK Plans-002 5. Architectural -Ramps along accessible routes shall comply with Section 405 ICC Al 17.1- 2009. [Tag 0005] 5528 S. MLK Plans-002 6. Architectural -Ramps shall have landings at the bottom and top of each ramp run. Landings shall comply with Section 405.7 ICC Al 17.1-2009. [Tag 0006] 5528 S. MLK Plans-002 7. Architectural-SECTION 604 ICC Al 17.1 -WATER CLOSETS: Accessible water closets shall comply with 604. The aistance from the side wall or partition to the centerline of the water closet shall be 16 to 18 inches. Clearance around the water closet shall be 60 inches from the side wall, measured perpendicular to the side wall, and 56 inches minimum, measured perpendicular from the rear wall. Water closets in dwelling units shall comply with section I 002.11.5 ICC A 117 .1. The top of water closet seats shall be 17 to 19 inches above the floor. Seats shall not automatically return to a lifted position. Grab bars for water closets shall comply with 604.5 ICC Al 17.l. Grab bars shall be provided on the rear wall and the side wall closest to the water closet. Horizontal grab bars shall be between 33 and 36 inches above the floor. The side wall grab bar shall be 42 inches long minimum, located 12 inches from the rear wall and extending 54 inches minimum from the rear wall. In addition a vertical grab bar 18 inches minimum in length shall be mounted with the bottom of the bar located between 39 and 41 inches above the floor and the centerline of the bar located 39 and 41 inches from the rear wall. The rear wall grab bar shall be 36 inches minimum in length, and extend from the centerline of the water closet 12 inches minimum on the side closest to the wall, and 24 inches minimum on the transfer side. Please verify compliance. [Tag 0007] 5528 S. MLK Plans-003 8. Architectural -SECTION 404.2.6 ICC Al 17.1 -DOOR HARDWARE: Handles, pulls, latches, locks, and other operable parts on accessible doors shall have a shape that is easy to gra·sp with one hand and does not require tight grasping, pinching, or twi_sting of the wrist to operate. Operable parts of such hardware shall be mounted within 34 inches minimum and 48 inches maximum above the floor. When sliding doors are in the fully open position, operating hardware shall be exposed and usable from both sides. [Tag 0008] 5528 S. MLK Plans-003 9. Architectural -Maneuvering space the width of the door and extending 12 inches past the latch side and 48 inches perpendicular to the door is required on the push side of a swinging door equipped with both a latch and closer per Table 404.2.3.1 ICC Al 17. l. [Tag 0009] 5528 S. MLK Plans-003 10. Architectural -Occupant load is less than 15; drinking fountain and mop sink are not required. [Tag 001 OJ 5528 S. MLK Plans-003 11. Architectural -This plan review does not guarantee the discovery or reporting of all code deficiencies or violations, manifest or latent, which exist in the building undergoing construction or alteration. The City of Lansing, its officers, and its employees shall not be liable for any injury or damage, including incidental or consequential damages claimed to be a result of any failure to discover or report code violations in this review. [Tag 0011] 5528 S. MLK Plans-001 12. Architectural -Plan review comments shown on one drawing sheet shall apply to all drawing sheets and similar conditions unless specifically noted otherwise or the context clearly indicates the comment is specific to a single condition/location. [Tag 0012] 5528 S. MLK Plans-001 Zoning-Disapproved Comments 1. Architectural -The current moratorium on medical marijuana facilities prevents zoning from approving this permit [Tag 0013] File View Navigation Tasks Reports Ubi ties BS&A Applications Help QJ Fun Screen : C • I 0 <!} fl! Search ~Index I @ Add Qj Delete ' ~Audit 8 Hide ~Print ~ Tools • E,l Map Names m-t:J Property B· ~ Projects · B .. e; Change of use to medical marjuana U~) S Item(s) Pending . " :· ·-,51 0 Owner of Record: KRAUS DALE A &LORI A 1 .... ~i, Related Projects: None , .. GI' Miscellaneous \ .... ~ Bond Summary : .... ~Transactions: SlSD.00 Due: S0.00 B.. PCPR16-0173, Commercial Plan Review, In Process . j ..... @ Attachments j ..... ,ii Owner: KRAUS DALE A & LORI A ' ... , Applicant: FUDGE JUSTIN !H··~ Transactions: SS0.00 Due: $0.00 \ .... 1:f Prerequisites (0) i ... ~ MisceDaneous ! .... ~.q Step 1: Review for Completeness of Application & Chee fB B,P Step 2: Review, Not Started, Revision 2 L. Sent Email B· c;:J P,!ll6-1201 HOLD (PREREQ) Convert : ..... ,. Owner: KRAUS DALE A & LORI A ... , Applicant: KRAUS DALE A & LORI A .. ~Transactions: $100.00 Due: so.oo i ..... :IC Prerequisites ( 1) :..a Building Info ;H··~ Miscellaneous · D Permit Electrical i--· D Permit Mechanical : !. .... D Permit Plumbing B ~ Permits . EJ ... 0 PB 16-1201 HOLD (PREREQ) Convert .. l Owner: KRAUS DALE A & LORI A Applicant: KRAUS DALE A & LORI A ... ~Transactions: $100.00 Due: so.oo \ .. X Prerequisites (1) : .... Jii Building Info . L .. ~ Miscellaneous $ g PZ~ Processes rliiiiiiiiiiiiiiiiiiiiiiiiiii·m·iiiiiii~imiiiiiili;iiiimriiiiiii·i·iiii·m·iiii·i·iiiiiiiiiiiiiiiiii~iiiiiiiiiiiiiiiiiirmiiiiiiiiiiiiiiiiliiiiiiii~iiiiiiiiii Address: 5528 SM L KING JR BLVD Parcel Number: 33-01-05-05-126-101 Owner: KRAUS DALE A & LORI A l· Property £.Building d: Rental 1· Comment ~-Parking Details Unique to this property Occupant: ~ G Resp. Party: Subdivision: Year Built: Lot: Block: Zaring: <Click here to select> Use Groups: <Cliclc here to select> Parking Spaces: ·····························••Ill• ~ ClcDJp.Load: ['.] Htde this pro""ny hem ln:erne! Sav1ce; 0 Vocam Setbacks Front: Rear: Z· Parcel Information ~·Legal Desc."' i· Flood Plain 10. Dimen5ional Information 11. Linked Applications Common to thi5 parcel's properties Owner: KRAUS DALE A «LORI A ~ c::J Status: ktive ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ ~~~~~~~~~::..;:_.=:=----=--=-==-~-=-~-=-="--~--'-~-=-~~~~~ S73,800.00 ~ Liber/l>oge: L3368-P296 ViWe: ~-=====-'-"-~-=""":=-~-=c"""'::=::==:.~=:.:;::-===::~'----=-;__:_~~~..c..;_"'-~-='--'=--~~~~~ ~~~~~~~--=-.:.==-==---=-=-~=-=-=--=--=-~~~~-=--=-~--, 0.000 (l!iD Neighborhood: ~=-~~~~~~~-.::::......::===-=--'-"'====~~=-=-=--.::=-~~-=-~-=-..::._.:___::::=...~=-~~~ Acres: Wetland Acres: 0.000 (J!iD D Foreclosed [] Is Unincorpora ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ 0.000 [!iJ User Number 1: 0.00 ~ Woodand Acres: ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ Mop: BS: 2. CC: 8 Class: 201 Sdiool District: 33020 ~tone District: Future Land Use: External Key: D Water Service D Sewer Service "* Building Department .Net User. JBENNITT DB: Lansing Group: LANSING Version: 02/15/2018 File View Navigation Tasks Reports Uti!ities BS&A Applications Help iQJ Fufi Screen · I 'If {? J'l Search ~Index @ Add QJ Delete q,J Audit 5 Hide ~ Tools • E:;l Map B ISJ Property ' ! .... i\.IJ Address f ~ Miscellaneous [. ·@ Attachments ] \. .... 1,. Owner: KRAUS DALE A & LORI A B~ Projects ' G .. f:> Change of use to medical marjuana ~~) 5 Item(s) Pending i ..... ,~ O•tmer of Record: KRAUS DALE A &LORI A , ... ~ Related Projects: None "Lff Miscelaneous ~ Bond Summary ·~ Transactions: !;150.00 Due: W.00 B··· PCPR16-0173, Commercial Plan Revie.,·~. In Process . ... @ Attachments ·L,. Owner: KRAUS DALE A & LORI A ( .. l Applicant: FUDGE JUSTIN ·~Transactions: $50.00 Due: W.00 .. ~ Prerequisites (0) , ··~ Miscellaneous ; ... 8) Step 1: Review fur Completeness of Application & Chee $ .. ~.q Step 2: Review, Not Started, Revision 2 · El f$I Process Step History El··~ Revision 1: Disapproved ' ;: .... ® Attachments · El··~ Zoning, Disapproved j ' .... fiIJ Architectural El .. ~ Original Submittal: Disapproved . f .. @ Attachments , ... ! Buil~ing, Approved with Conditions ;·-·-· ~-Zornng, None · · SentEmail 1 ~ SentEmail ~ ·0 PB16-1201 HOLD (PREREQ) Convert . ... D Penmit 8ectrical ~ , ·-· [J Permit Mechanical : ; ... D Permit Plumbing ciJ t:J Permits $ ·r:J PZE Processes f .. r:J Enforcements l ·t:J Certificates : .... r:J Certificates of Occupancy i--r:J Inspection Groups ;.... Tables . ·@ Program Setup Address: 5528 SM L KING JR BL VD Owner: KRAUS DALE A & LORI A I Subject Revrewed Document:; are .A.vallab!e to View Reviewed Doet.nnenls are Available to View --Justin.Fudge@hdrinc.com Reviewed Documents are Avai!abl'=to V!e'I',' .-Resend ~Forward Reviewed Documents are Available to View ;er.t· Wed 11/16/2016 9:33 AM T ~ Justin.Fudge@hdrinc.com Attachmer.tl pdf· Document rrnews have been completed on the following record: Process Step: Review, PZE Process: Commercial Plan Review, PCPRl 6-01 i3, Project Change of use to medical marjuana (M), JCCG16-0021, Parcel 33-01-05-05-126-101 Reviews have. been completed on the following documents: Architectural A Sllllllilar)' of the documents can be viewed here: Click here to \~ew Doclllllent Summarv Parcel Nt..mber: 33-01·Q5.05.12S-101 I Sent 11/16/2016 9:33 AM 11116/2016 9.33 AM 9/22/20161 1:15AM ,. Building Department .Net User: !BENNETT OB: lansi Grou : LANSING Version: 02/15/2018 Rle View Navigation Ta5's Reports Utilities BS&A Appftcations Help 1Q Full Screen <(}.,@search ~Index i@ Add Q'jDelete i ~Audit B Hide ~Tools •E3 Map • fJiiim~m·-·m· mmiiiimamaamiiiiiiiimmmmmmmmmiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiii• El·~ Property '····i\Ll Address ·Q' Miscellaneous , , i!iJ Attachments f '·····," Owner: KRAUS DALE A & LORI A El ~ Projects ' B-· (j Change of use to medical marjuana (M) 5 Item(s) Pending ···~·"' Owner of Record: KRAUS DALE A & LOR.I A · Related Projects: Mone , · ~ Miscellane:ous ~--·· ~ Bond Summary f .... lil!1J Transactions: Sl50.00 Due: 50.00 EJ... PCPR16-0173, Commercial Plan Review, In Process [ ... i!iJ Attachments !.. .... ~ Owner: KRAUS DALE A & LORI A i .... ,~ Applicant: FUDGE JUSTIN ··~Transactions: $50.00 Due: $0.00 '·····~ Prerequisites (0) : ··~Miscellaneous ,_ .. 8~ Step 1: Review for Completeness of Application & Chee ~-~Ji Step 2: Review, Not Started, Revision 2 i El··~ Process Step History El .. ~.e' Revision 1: Disapproved ;. .... i!iJ Attachments G .. -m Zoning, Disapproved ! .... f[D Architectural El··~ Original Submittal: Disapproved ; ..... i!iJ Attachments ~.' ··1~ Bui!~ing, Approved V\ith Conditions ;····~Zoning, None :_.. Sent Email j .... fi2J Sent Email r!J -0 PB 16-1201 HOLD (PREREQ) Convert i·· · [') Permit Electrical ]·· D Permit Mechanical '.. ... [') Permit Plumbing GJ r:J Permits iji .. r:J PZE Processes "-··LJ Enforcements Po-! r-~.-4::~-'"-- Address: 5528 SM L KING JR BLVD Owner: KR.4US DALE A & LORI A To I Subiect .... Just1n£~d~e~drin=om ~~~·~~ Q~~me_nts~e_Availab!e to View Justin.Fudge@hdrtnc.com Reviewed Documents are Available lo View .. " ~ '---Resend -; Forward Reviewed Documents are Available to View .:;em. Wed 11/16/2016 9:.33 AM T:: liottruck12@gmail.com Attcchrnent1.odf Docmnent reviews have been completed on the follo\ving record: Process Step: Review, PZE Process: Co=ercial Plan Review, PCPR16-0173, Project Change of use to medical marjuana (M), JCCG16-0021, Parcet 33-01-05-05-126-101 Reviews have been completed on the following docmnents: Architectural Parcel Nurrber: 33-01-0~ 126-101 ... -· -· I Sent 11!2~1201.~..s 3~ ·~·!I 9/22/2016 11:15 .A.M