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HomeMy WebLinkAboutBoard of Zoning Appeals Minutes 06.11.26 Board of Zoning Appeals Minutes June 11, 2026 Page 1 __________________________________________________________________________________ MINUTES OF REGULAR MEETING BOARD OF ZONING APPEALS Thursday, June 11, 2026, 6:30 P.M. 600 W. Maple Street, Lansing MI Approved September 10, 2026 I. ROLL CALL The meeting was called to order by Ms. Alling at 6:32 p.m. Present: M. Alling, M. Jackson, H. Lowry, M. Rice, S. Robertson Absent: K. Berryman, B. Fryling, C. Iannuzzi Staff: S. Stachowiak A quorum of at least five members was present, allowing voting action to be taken. II APPROVAL OF AGENDA – The agenda was approved by unanimous consent. III. PUBLIC COMMENT – None IV. PUBLIC HEARING/ACTION A. BZA-4102.26, 801 S. Holmes Street Public Hearing – To receive public comment on a request for a variance to permit a “place of assembly” at 801 S. Holmes Street which does not have frontage on an arterial, suburban or activity corridor as required by Section 1243.03 of the City of Lansing Zoning Ordinance. Ms. Stachowiak presented the staff report for the variance request to permit use of the 1,519 square foot, single story building at 801 S. Holmes Street for a live music venue, which is considered a “place of assembly” by Zoning Ordinance definition. She explained that the subject property is zoned “MX-1 Mixed-Use Neighborhood Center, which district permits places of assembly with the condition that the site has at least one property line abutting an arterial, suburban, or activity corridor (Zoning Ordinance, Section 1243.03). She said that the subject property abuts S. Holmes Street and E. Malcolm X Street, both of which are classified as local roads. Ms. Stachowiak recommended denial of the requested variance. She stated that the issue in this case is not one of practical difficulty involving a unique physical feature of the site but whether the variance could be approved while upholding the intent of the ordinance. She stated that places of assembly are permitted in all commercial zoning districts with the condition that the site has at least one property line abutting an arterial, suburban, or activity corridor. Ms. Stachowiak explained that the intent of this requirement is to concentrate these types of uses in areas that are predominantly commercial and accessed via roadways designed to carry the highest volumes of traffic as opposed to permitting them in residential neighborhoods where they can generate noise and add traffic to roadways that are primarily intended to serve area residents. She said that a variance to Board of Zoning Appeals Minutes June 11, 2026 Page 2 __________________________________________________________________________________ permit a place of assembly and a live music venue, in particular in an area that is almost exclusively residential and is accessed via two local roads, would be completely contrary to the intent and purpose of the ordinance and thus, it cannot be determined that denial of the variance would cause an unnecessary hardship on the applicant. She also said that there are several low-impact commercial businesses that could be established in the building including office retail, and personal service uses such as salons, barber shops and tattoo parlors that would allow for reasonable use thereof. Ms. Alling opened the public hearing. Alexandra Saenz, applicant, spoke in support of her request. She stated that she previously had a live music home venue that operated without any issues. Ms. Saenz said that the proposed venue will be alcohol free, will be closed by 10:00 and they will abide by the City’s noise ordinance. She also said that the intent is to improve the property and give back to the community. Ms. Saenz questioned why the Fledge is allowed to operate a music venue on a local street. In response to a question from Mr. Jackson, Ms. Saenz said that the current occupancy limit for the building is 99. Diane Marvin, spoke in opposition to the variance. She said that she lives in the neighborhood and Malcolm X is not a safe street given the volume of traffic and excessive speeds. Harry Oman, spoke in opposition to the variance expressing concerns about increased traffic on Malcolm X and the noise generated by the proposed live music venue, particularly during weekdays when people are trying to sleep. Ariella Zanon, spoke in support of the variance. She stated that the building at 801 S. Holmes has been vacant for a very long time and the variance will allow it to be put back into use so that the owner can continue to improve the site. She also said that the musicians will help to manage the venue and ensure compliance with the noise ordinance. Jessica Hughes, spoke in support of the variance. She said that the area is already noisy because of the freeway and the active railroad line just north of the subject property. Jimmy Coyer, spoke in support of the variance. He said that he lives next to the bike cooperative and people park on the street all the time as do the patrons of the Avenue on E. Michigan Avenue. He also said that the applicant has already made several improvements to the subject property. Caleb King, spoke in support of the requested variance. He stated that he and his band practice in their garage and there have never been any noise complaints. Andrew Jeglic, spoke in support of the request. He stated that the music venue would not be more disruptive to the neighborhood than the railroad to the north. He also spoke about the art that has been displayed in the building and the ramp that has been installed. Jacob Bahl, spoke in support of the requested variance. He stated that the traffic issues being raised are separate from the issue at hand. He said that patrons of the businesses along E. Michigan Avenue park on the side streets without disrupting the residents. Board of Zoning Appeals Minutes June 11, 2026 Page 3 __________________________________________________________________________________ Erin Riley, spoke in support of the requested variance. She stated that the community benefits from the live music venue as it is a sober facility and a place where young people can express themselves in various artistic ways. Nathan Iverson, spoke in support of the requested variance. He spoke about the benefits of the proposed live music venue and stated that zoning should not interfere with the community art scene. Ben Ackley,, spoke in support of the requested variance. He stated that the applicant’s live music venue is a supportive place for the local art scene and the only venue that is available to people of all ages as it does not permit the sale or consumption of alcohol. Jennifer Toms, spoke in support of the requested variance. She stated that the music venue provides a valuable resource for local musicians and a safe place for the arts to flourish in the City of Lansing. Nicholas W. Mere, spoke in support of the requested variance. He stated that the area does not have a residential feel to it and the traffic and noise concerns are a matter of enforcement by the Lansing Police Department. Colleen Kelley, spoke in support of the requested variance. She said that she owns the Avenue music venue on E. Michigan Avenue and it does serve alcohol. She stated that having a sober venue provides opportunities for young musicians who would not be permitted in establishments that serve alcohol. Jackie Jones, spoke in opposition to the request. She spoke about the already high volumes of traffic on Malcolm X Street and the number of school age children in the area. Ms. Jones stated that she is supportive of fostering local talent, but the subject property is just not the right location as it is in a predominantly residential neighborhood. Cloud Kelley, spoke in support of the requested variance. She spoke about the need for a venue that allows young people to display their musical talents as that is something that is lacking in the City at this time. Jacob Nevin, spoke in support of the requested variance. He said that it is disingenuous to assume that a live music venue will be disruptive to the surrounding residents. Diana Camarno, spoke in support of the requested variance. She said that the venue has about 100 people on its biggest night and all leave as soon as it is over. She added that the entire event from people arriving until everyone leaves is between 4 to 6 hours. Patrick Williams, spoke in support of the requested variance. He stated that the applicant has made improvements to the property which is good for the surrounding neighborhood. He also said that noise is not an issue as they will adhere to the ordinance restrictions. Ally Fies, spoke in support of the requested variance. She stated that vacant buildings have detrimental impacts on neighborhoods and vehicles related to residential properties create noise. Board of Zoning Appeals Minutes June 11, 2026 Page 4 __________________________________________________________________________________ Fred McLaughlin, spoke in support of the requested variance. He stated that some of the zoning ordinance restrictions are simply based on opinion and have no foundation to back them up. Luke LaFontain, spoke in support of the requested variance. He stated that he is a member of a band and supports having a safe place for young people to display their talents. Gene Marvin, spoke in support of the requested variance. He spoke about parking, traffic, noise and safety concerns. Mr. Marvin stated that it is just not the right location for the venue. Seeing no one else wished to speak, Ms. Alling closed the public hearing. Motion – Mr. Lowry made a motion, seconded by Mr. Rice to approve the request for a variance to permit a “place of assembly” at 801 S. Holmes Street which does not have frontage on an arterial, suburban or activity corridor as required by Section 1243.03 of the City of Lansing Zoning Ordinance. Mr. Rice stated that the Board must make decisions based upon the criteria set forth in the ordinance for evaluating variance requests. He said that authorizing a variance that is contrary to the intent of the ordinance essentially changes the ordinance as it sets a precedent for approval of future requests to vary the standard. Mr. Jackson questioned whether E. Malcolm X Street is appropriately designated as a local road given the speeds at which motorists travel and the volume of traffic and non- residential uses that it serves. He asked how the road classifications are determined. Ms. Stachowiak stated that the City hired a professional planning firm to develop the zoning ordinance which includes a road classification map. She said that it is determined by traffic volumes, speed limits, the roadway design and the type of traffic that the roadway primarily serves. Ms. Stachowiak said that roads that primarily serve residential traffic are classified as local roads whereas commercial corridors such as Cedar Street, M. L. King, S. Pennsylvania, and N. Grand River Avenue are the types of thoroughfares where places of assembly would be permitted. Mr. Lowry spoke in support of the variance request stating that an assembly use on the subject property would not be contrary to the intent of the ordinance since E. Malcolm X may not be classified as such but functions as a major thoroughfare given the volume of traffic and the high speeds at which motorists travel in the area. He said that there have been concerns expressed about the noise that could be generated by the music venue and yet, the area is already impacted by noise from the active rail lines and the freeway to the north. He also said that at one point the City authorized a church on the property which is also a place of assembly and can have the same impact on a neighborhood as the proposed live music venue. Mr. Robertson stated that there is no support from the neighborhood for the proposed use. Board of Zoning Appeals Minutes June 11, 2026 Page 5 __________________________________________________________________________________ He said that he chose to live in Old Town, which is a commercial/mixed-use area that has entertainment venues and thus, a lot of on-street parking but it is what the residents of that area expect. Mr. Robertson stated that the residents surrounding the subject property did not expect to have a live music venue in their neighborhood when they chose to live in the area. Mr. Lowry and Mr. Jackson voted yes, and Mr. Rice and Mr. Robertson voted no on the motion to approve the variance. Ms. Alling passed the gavel to Mr. Rice and made a motion, seconded by Mr. Lowry to table the variance request. On a voice vote, the motion carried 5-0. BZA 4102.26 was tabled. Ms. Alling stated that she would like input from the other Board members who are not present at this meeting. V. OLD BUSINESS – None VI. NEW BUSINESS A. Excused Absences Mr. Lowry made a motion, seconded by Mr. Jackson, to grant excused absences for Mr. Berryman, Mr. Fryling, and Mr. Iannuzzi. On a voice vote, the motion carried 5-0. VII. APPROVAL OF MINUTES A. Regular Meeting, May 14, 2026 Mr. Rice made a motion, seconded by Mr. Jackson, to approve the May 14, 2026, meeting minutes, as presented. On a voice vote, the motion carried 5-0. VIII. PUBLIC COMMENT - None IX. ADJOURNMENT AT 8:22 p.m. Respectfully Submitted, ________________________________________ Susan Stachowiak, Zoning Administrator