Lansing (MI) City Council info packet for Dec. 20, 2010 meeting

8/8/2019 Lansing (MI) City Council info packet for Dec. 20, 2010 meeting

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REGULAR M EETING OF THE CITY COUNCILOF THE CITY OF LANSING, MICHIGAN

CITY COUNCIL CHAM BERS, 10TH FLOORLANSING CITY HALL124 W. MICHIGAN AVENUE

AGENDA FOR DECEMBER 20, 201 0 TO THE HON. MAYOR AND MEMBERS OF THE CITY COUNCIL:

The following items were listed on the agenda in the City Clerk's Office by 4:00 p.m. onThursday, December 16, 2010, in accordance with Section 3-103(2) of the City Charter andwill be ready for your consideration at the regular meeting of the City Council on Monday,December 20, 2010 at 1:30 p.m. at the Council Chambers, 10th Floor, City Hall.

I . ROLL CALL I I . MEDITATION AND PLEDGE OF ALLEGIANCEII I. READING AND APPROVAL OF PRINTED COUNCIL PROCEEDINGS

Approval of the Printed Council Proceedings of December 6, 2010

IV. CONSIDERATION OF LATE ITEMS(Suspension of Council Rule #9 is needed toallow consideration of late items. Late items will be considered as part of the regularportion of the meeting to which they relate.)

V. TABL ED ITEMS(Tabled items, if removed from the table, will be considered as partof the regular portion of the meeting to which they relate.)VI . SPECIA L CEREMONI ES1. Mayoral Presentation; Financial Update


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B. CONSENT AGENDA

1. BY COUNCILMEMBERS KATHIE DUNBAR, ERIC HEWITT,TINA HOUGHTON, BRIAN JEFFRIES, A'LYNNE ROBINSON,DERRICK QUINNEY, CAROL WOOD AND JESSICA YORKO

a. Tribute; Recognition of the Greater Lansing Area HolidayCommission for its 26th Annual Luncheon "The Legacy Liveson through Action" in observance of Dr. Martin Luther King, Jr.Day

2. BY THE COMMITTEE ON PUBLIC SERVICES

a. Resolution supporting the Greening Mid-Michigan Plan andToolkit developed by the Tri-County Regional PlanningCommission

3. BY THE COMMITTEE ON WAYS AND MEANS

a. Transfer of Funds; State/Federal Programs, 2009 Homeland

Security Grant Program (HSGP)

b. Transfer of Funds; Forfeiture Fund; 267 Fund

c. Transfer of Funds; State/Federal Programs, Public Act 302,Sworn Officer Training

C. RESOLUT IONS FOR ACTI ON D. REPORTS FROM COUNCIL COMMIT TEESE. ORDINA NCES FOR INTRODUCTION and Sett ing of Publ ic Hear ings

1. BY COUNCIL MEMBER JEFFRIES, CHAIR OF THE COMMITTEE


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XV. REPORTS OF CITY OFFICERS, BOARDS, AND COMMISSIONS; COMMUNICATI ONSAND PETITI ONS; AND OTHER CITY RELATED MATT ERS(Motion that all items beconsidered as being read in full and that the proper referrals be made by thePresident)

1. REPORTS FROM CITY OFFICERS, BOARDS, AND COMMISSIONS

a. Letters from the City Clerk

i. Submitting a request for Recognition of Non-Profit Status in theCity of Lansing submitted by Lansing Kappa Alpha Psi

Foundation, Inc.

ii. Submitting Minutes of Boards and Authorities placed on file inthe City Clerks Office

b. Letters from the Mayor re:

i. Z-10-2010, 934 Clark Street, rezoning from "B" Residentialdistrict to "D-1" Professional Office district

ii. Appointment of Karl Dorshimer to the Saginaw CorridorImprovement Authority as a Mayoral Designee

iii. Appointment of Ken Szymusiak to the Michigan AvenueCorridor Improvement Authority as a Mayoral Designee

iv. Transfer of Funds; State/Federal Programs, CommunityOriented Policing Policies (COPS) Other Tech Grant

2. COMMUNI CATION S AND PETITI ONS, AND OTHER CITY RELATED MAT TERS

a. Letter from the State of Michigan Liquor Control Commissionproviding a Notice of Pending Investigation regarding as request from


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XVI. MOTION OF EXCUSED ABSENCEXVII . REMARKS BY COUNCIL MEMBERSXVII I. REMARKS BY THE MAYOR OR EXECUTIV E ASSISTANT XI X. PUBLI C COMMENT ON CITY GOVERNMENT RELATED MAT TERS (City government

related matters are issues or topics relevant to the operation or governance of thecity. The public may comment for up to three minutes. Speakers must sign up onyellow form.)

XX. ADJOURNMENT

CHRIS SWOPE, CITY CLERK

Persons with disabilities who need an accommodation to fully participate in this meeting should contact theCity Clerks Office at (517) 483-4131 (TDD (517) 483-4479). 24 hour notice may be needed for certainaccommodations. An attempt will be made to grant all reasonable accommodation requests.


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BY COUNCILMEMB ERS KATHIE DUNBAR, ERIC HEWITT,TINA HOUGHTON , BRIAN JEFFRIES, A'LYNNE ROBINSON,DERRICK QUINNEY, CAROL WOO D, AND JESSICA YORKORESOLVED B Y THE CITY COUNCIL OF THE CITY OF LANSING

WHEREAS, the Greater Lansing Area Holiday Commission will conduct its 26thLuncheon "The Legacy Lives on Through Action" in observance of Dr. Martin LutherKing, Jr., on Monday, January 17, 2011 at 11:00 a.m. at the Lansing Center; andWHEREAS, the Keynote Speaker will be Honorable Elijah H. Cummings of Maryland,born and raised in Ba ltimore , Maryland w here he still resides today; andWHEREAS, Congressman Cummings has dedicated his life of service to enriching andempowering the people he is sworn to represent. He obtained his Bachelor's Degree inPolitical Science from Howard University, serving as Student Government Presidentand graduating Phi Beta Kappa, and then graduated from the University of MarylandSchool of Law; andWHEREAS, he began his career in public service in the Maryland House of Delegates,where he served sixteen years and became the first African American in Marylandhistory to be named S peaker Pro Tern; andWHEREAS, Congressman Cummings proudly represented Maryland's 7th District forseven terms, first sworn in as a member of the U.S. House of Representatives in 1996;andWHEREAS, Congressman Cummings is a senior member of the House Committee onTransportation and Infrastructure and of the House Committee on Oversight andGovernment Reform, investigating any federal program and any matter with federal


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BE IT FURTHER RESOLVED that the City Council commemorates the efforts of Dr.King and encourages all residents of the City of Lansing to share in Dr. King's dreamand wo rk toward justice, good will, and brotherhood for all people.


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BY THE COMM ITTEE ON PUBLIC SERVICESRESOLVED B Y THE CITY COUNCIL OF THE CITY OF LANSINGWHEREAS the City of Lansing recognizes the role that green infrastructure plays inpreserving an d enhanc ing the quality of life for its residents; andWHEREAS the City recognizes the environmental, health, and economic values of itsparks, trails, working lands, waterways, lakes, ponds, wetlands, floodplains, andwoodlands; andWHEREAS the City agrees to promote and enhance green infrastructure within itsboundaries in a variety of ways, which can include agricultural preservation efforts,parks and recreation planning, natural resource protection activities, low impactdevelopment strategies, farmers markets, Safe Routes to School programs, landconservation efforts, community gardens, Complete Streets efforts, and other elementsincluded in the Greening Mid-Michigan Toolkit developed by the Tri-County RegionalPlanning Commission; andWHEREAS, the City has demonstrated a commitment to the study and implementationof its own Master Plan, in recognition of the benefits of working locally, regionally, or inpartnership with other jurisdictions to enhance and protect its own green infrastructuresystem; andWHEREAS, after viewing presentations on the Greening Mid-Michigan Plan developedby the Tri-County Regional Planning Commission, the Lansing Parks & RecreationPlan, and the Green Infrastructure goals of the Design Lansing Comprehensive Plancurrently underway, the Planning Board found that the three plans are largelycompatible and in agreement; and


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INTRODUCTION OF ORDINANCECouncil Member Jeffries, Chair of the Comm ittee on Development and P lanningintroduced:

An ordinance of the City of Lansing, Michigan, providing for the rezoning of aparcel of real property located in the City of Lansing, Michigan, and for therevision of the district maps adopted by Section 1246.02 of the Code ofOrdinances.Property identified as: Z-10-2010, 934 Clark Street, rezoning from "B"Residential district to "D-1" Pro fessional Office district

The O rdinance is referred to the Com mittee on Development and Planning.BY THE COMMITTEE ON DEVELOPM ENT & PLANNINGRESOLVED BY THE CITY COUNCIL OF THE CITY OF LANSING

Resolved by the City Council of the City of Lansing that a public hearing be set forMonday, January 10, 2011, at 7 p.m. in City Council Chambers, Tenth Floor, LansingCity Hall, 124 West Michigan Avenue, Lansing, Michigan, for the purpose of approvingand/or opposing the Ordinance for rezoning:

Z-10-2010, 934 Clark Street, rezoning from "B" Residential district to "D-1"Professional O ffice district


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ORDINANCE #AN ORDINANCE OF THE CITY OF LANSING, MICHIGAN, PROVIDING FOR THEREZONING OF A PARCEL OF REAL PROPERTY LOCATED IN THE CITY OFLANSING, MICHIGAN AND FOR THE REVISION OF THE DISTRICT MAPSADOPTED BY SEC TION 1246.02 OF THE CODE OF ORDINANC ES.

The City of Lansing ordains:Section 1. That the district maps adopted by and incorporated as Section 1246.02 ofthe Code of Ordinances of the City of Lansing, Michigan be amended to provide asfollows:

To chang e the zoning classification of the prop erty described as follows:Case Number: Z-10-2010Address: 934 Clark StreetParcel Number: PPN: 33-01-01-10-409-071/-081Legal Descriptions: Lots 9, 10 & 11, Assessor's Plat Number 21, City ofLansing, Ingham County, State of Michigan, from "B"Residential District to "D-1" Professional OfficeDistrict.

Section 2. All ordinances or parts of ordinances inconsistent with the provisions hereofare hereby repealed.Section 3. This ordinance was duly adopted by the Lansing City Council on, 2011, and a copy is available in the office of the Lansing City Clerk, 9thFloor, City Hall, 124 W. Michigan Avenue, Lansing, MI 48933.


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Chris SwopeLansing City Clerk

December 16, 2010

City Council President and Members of the Lansing City Council10th Floor, City HallLansing, MI 48933

Dear Council Members:The attached Request for Recognition of Non-Profit Status in the City of Lansing hasbeen submitted to the City Clerk's Office, and is being forwarded for your considerationand approp riate action:

Lansing Kappa A lpha Psi Foundation, Inc.Sincerely,DAj v . 4


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BY THERESOLVED B Y THE CITY COUNCIL OF THE CITY OF LANSING

WHEREAS, Lansing Kappa Alpha Psi Foundation, Inc. has requested aresolution of recognition as a Local Nonprofit Organization operating in the Cityof Lansing for the purpose of obtaining a charitable gaming license pursuant toMC L 432.103 (9); andWHEREAS, the City Attorney has reported that, based on a review of thedocumentation submitted, the applicant qualifies as a Local NonprofitOrganization;NOW, THEREFORE, BE IT RESOLVED that the Lansing City Council, hereby,recognizes the Lansing Kappa Alpha Psi Foundation, Inc. as a Local NonprofitOrganization operating in the City of Lansing for the purpose of obtaining acharitable gaming license.BE IT FURTHER RESOLVED the City Clerk is requested to provide a copy ofthis resolution to the Lansing Kappa Alpha Psi Foundation, Inc. of P.O. Box12278, Lansing, MI 48911


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December 9, 2010City Clerk SwopeCity of LansingW. Michigan Ave. 9th FloorLansing, MI 48933City Clerk Swope:The Lansing Kappa Alpha Psi Foundation,Inc.(LKAPF) would like to obtain a gaming license forfund-raising purposes. The state requires local civil groups must have the support of the localgoverning body to obtain a license. LKAPF has a long history of providing athletics andleadership activities to the children of the Greater Lansing Area. Those activities includesponsoring the Kappa League Football program for over 30 years. This program has providedopportunities for hundred of Lansing children to play football or be. cheerleaders at no orminimum cost to parents.. In order to continue this program we are seeking new and morelucrative funding sources for the foundations activities.We hope to with City Council support to hold a casino night fund-raiser at the Lansing CountryClub in February, 2011. Enclosed is our application package to be considered a non-profitorganization for your consideration.


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Charitable Gaming DivisionBox 30023, Lansing, MI 48909OVERNIGHT DELIVERY:101 E. Hillsdale, Lansing MI 48933

- (517) 335-5780L O T T ERY www.michigan.govlcg

LOCAL GOVERNING BODY RESOLUTION FOR CHARITABLE GAMING LICENSES(Required by MCL.432.103(K)(ii))

At aeeting of theREGULAR OR SPECIAL TOW NSHIP, CITY, OR VILLAGE COUNCIUBOARDcalled to order byn DATEa.m./p.m. the following resolution was offered:TIME

Moved bynd supported bythat the request fromfAME OF. ORGANIZAT ION CITYcounty ofasking that they be recognized as aCO UNTY NAM Enonprofit organization operating in the community for the purpose of obtaining charitable

gaming licenses, be considered forPPRO VAUDISAPPRO VALAPPROVAL DISAPPROVALYeas: Yeas:Nays : Nays :


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JENNIFER M. GRANHOLMG O V E R N O R

STATE OF MICHIGANBUREAU OF STATE LOTTERY

LANSING LOTTERYM. SCOTT BOWENCOMMISS IONER

LOCAL CIVIC ORGANIZATION QUALIFICATION REQUIREMENTSPlease allow at least 8 weeks for the qualification process.If the organization has never submitted qualifying information as a local civic organization, thefollowing information shall be submitted in the name of the organization prior to being approved toconduct a bingo, millionaire party, raffle, or charity game. A previously qualified organization may berequired to submit updated qualification information to assure its continued eligibility under the act.

1. A signed and dated copy of the organization's current bylaws or constitution, includingmembership criteria.2. A complete copy of the organization's Articles of Incorporation that have been filedwith the Corporations and Securities Bureau, if the organization is incorporated.3. A copy of the letter from the IRS stating the organization is exempt from federal taxunder IRS code 501(c)

ORcopies of one bank statement per year for the previous five years, excluding thecurrent year. -

4. A provision in the bylaws, constitution, or Articles of Incorporation that statesshould the organization dissolve, all assets, and real and personal property will revert:A. If exempt under 501(c)3, to another 501(c)3 organization.B. If not exempt under 501(c)3, to the local government.

5. A revenue and expense statement for the previous 12 month period to prove all assets areused for charitable purposes, i.e. 990's, treasurer's report, audit. Do not send check registersor cancelled checks. Explain the purpose of each expenditure made to an individual.Once the organization has conducted licensed gaming events, the Bureau may require the


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INTERNAL REVENUE SERVICEP. O. BOX 2508CINCINNATI, OH 45201

DEPARTMENT OF THE TREASURY

Employer Identification Number:30 - 0438547ate: 2 0 0 7 ' DLN:17053311307027

LANSING KAPPA ALPHA PSI FOUNDATION Contact Person:INCORPORATED CARLY D YOUNG IDS 31494

C/O TIMOTHY J WATSON Contact Telephone Number.PO BOX 12278 (877 ) 829-5500LANSING, MI 48901-2278

Accounting Period Ending:December 3 1

Public Charity Status:170(b)(1)(A)(vi)

Form 990 Required:Yes

Effective Date of Exemption:November 27, 2007

Contribution Deductibility:Yes

Advance Ruling Ending Date:December 31, 2011

Addendum Applies:No

Dear Applicant:We are pleased to inform you that upon rev iew of your application for taxexempt status we have determined that you are exempt from Federal income taxunder section 501(c)(3) of the Internal Revenue Code. Contributions to you aredeductible under section 170 of the Code. You are also qualified to receivetax deductible bequests, devises, transfers or gifts under section 2055,2106


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-2-LANSING KAPPA ALPHA PSI FOUNDATION

We have sent a copy of this letter to your representative as indicated in yourpower of attorney.

Sincerely,

Robert ChoiDirector, Exempt OrganizationsRulings and Agreements

Enclosures: Publication 4221- PCStatute Extension


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Form 1023 (Elev. 6-2006) Name: The Lansing Kappa Alpha Psi Foundation, Inc E f N : 30 0438547 Page 11Public Charity Status(Continued)

e 509(a)(4)-an organization organized and operated exclusively for testing for public safety. uf 509(a)(1) and 170(b)(1)(A)(iv)-an organization operated for the benefit of a college or university that is owned or uoperated by a governmental unit.g 509(a)(1) and 170(b)(1)(A)(vi)-an organization that receives a substantial part of its financial support in the formof contributions from publicly supported organizations, from a governmental unit, or from the general public.h 509(a)(2)-an organization that normally receives not more than one-third of its financial support from gross uinvestment income and receives more than one-third of its financial support from contributions, membershipfees, and gross receipts from activities related to its exempt functions (subject to certain exceptions).i A publicly supported organization, but unsure if it is described in 5g or 5h. The organization would like the IRS to udecide the correct status.

6 If you checked box g, h, or i in question 5 above, you must request either an advance or a definitive ruling byselecting one of the boxes below. R efer to the instructions to determine which type of ruling you are eligible to receive.a Request for Advance Ruling: By checking this box and signing the consent,-pursuant to section 6501(c)(4) ofthe Code you request an advance ruling and agree to extend the statute of limitations on the assessment ofexcise tax under section 4940 of the Code. The tax will a pply only if you do not establish public support statusat the end of the 5-year advance ruling period. The assessment period will be extended for the 5 advance rulingyears to 8 years, 4 months, and 15 days beyond the end of the first year. You have the right to refuse or limitthe extension to a mutually agreed-upon period of time or issue(s). Publication 1035, Extending the TaxAssessment Period, provides a more detailed explanation of your rights and the consequences of the choicesyou make. You may obtain Publication 1035 free of charge from the IRS web site at www.irs.gov or by callingtoll-free 1-800-829-3676. Signing this consent will not deprive you of any appeal rights to which you wouldotherwise be entitled. If you decide not to extend the statute of limitations, you are not eligible for an advanceruling.

Consent:Fixing Period of Limitations Upon Assessment of Tax Under Section 4940 of the Internal Revenue Code

JAMES CARTER 91/12007(Si. atur^of 0, ersD rect Trustee, or other (Type or print name of signer) (Date)au orized official) PRESIDENT

(Type or print title or authority of signer)


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Short FormReturn of Organization Exempt From Income TaxUnder section 501(c), 527, or4947(a)(i) of t h e I n t er n a l R e v e n u e C o d e(except black lung benefit trust o r p r i v a t e f o u n d a t i o n )^ Sponsoring organizations of donor advised funds and controlling organizations as defined in section512(b)(13) m u s t f i le Form 990. All o t h e r o r g a n i z a t i o n s with gross receipts less than $500,000 and totalD e p a r t m e n t o f t h e T r e a s u r y assets less than $1,250,000 at the end of the year may u s e t h i s fo r m .I n t e m a t R e v e n u e Serv ic e ^ The organization m a y h a v e to use a copy of t h i s return to salt* state reporting requiremen ts.

Form 9 9 0 - E ZA For the 2009 calendar year, or tax year beginning , 2009, and ending , 20B C h o c k i f a p p l i c a b l e : P l e a s e C N a m e o f organization D E m p l o y e r i d e n t if i c a ti o n numberu A d d r e s s change u s e IRS Lansing Kappa Alpha Psi Foundation, Incorporated 30-0438547u Name change l a b e l orp r i n t or Number and street (or P.O. box, it mall is not delivered to street address) Room/suite E Telephone numberu i n i t i a l r e t u r n t y p e .T e r m i n a t e d Se e P O Box 12278 517 282 6309u A m e n d e d r e t u rn Speoifieinstruc- City or town, state or c o u n t r y , and ZI P + 4 F Group Exemptionu A p p n c a t io n p e n d i ng t i o n s . Lansing MI 48 911 Number

Section 501(c)(3) Cash El Accrualrganizations and 4947(a)(1) nonexempt charitable trusts must attacha completed Schedule A (Form 990 or 990-EZ). G AccouOther Ong M ethod:(specify) ^

Jax-exempt status (check only one) - 501(c) ( ) .4 (insert no.) u49 47(a)(1) or u 527K C heck 1 u if the organization is not a section 509(a)(3) supporting organization and its gross receipts are normally not more than $25,0 00 . AForm 99 0-EZ or Form 9 90 return is not required, but if the organization chooses to tile a return, be sure to file a complete return.L Add linesb, 6b, and 7b, toline9 todetermine gross receipts; if$500,000or more, file Form9 9 0 instead of Form 990-EZ ^ $Part I Revenue, Expenses, and Changes in Net Assets or Fund Balances (See the instru ctions for Part I.)

c>

1 C ontributions, gifts, grants, and similar amounts receivedProgram service revenue including government fees and contracts .3 Membership dues and assessmentsInvestment incomea Gross amount from sale of assets other than inventory.. .. .. .5 a . . . . . .. . . . . .. . . . . .. . . . . . 1 1416023b Less: cost or other basis and sales expenses . 5b et:teec Gain or (loss) from sale of assets other than inventory (Subtract line 5b from line 5a) . . . .6 Special events and activities (complete applicable parts of Schedule G). I f any amount is from gaming, check Neel u 5cter`

14160

a Gross revenue (not including $ of contributionsreported on line 1)ab Less: direct expenses other than fundraising expenses 6bc Net income or (loss) from special events and activities (Subtract line 6bfrom line 6a) . . . . 6c

= a Gross sates of inventory, less returns and allowances ab Less: cost of goods sold b ;-lt - r e a

I Website: ^H Cheek leuf the organization is notrequired to attach Schedule B (Form 990 ,990-E Z, or 990 -PF).


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F o r m 990-EZ(2009)Statement ofPro gram S ervi ce A cco mp l i shmen ts (See the i ns t ruc t io n s f o r P a r t I ll .)

W hat Is the organization 's primary exempt p urpose?Describe what was achieved in carrying out the organization's exempt purposes. In a clear and conciseman ner, descr ibe the services provided, the number of p ersons ben ef i ted, and other re levant in fo rmat ion fo reach p rogram t i t le.

Page 2E x p e n s e s( R e q u i r e d f o r s e c t i o n50i (c)(3) a n d 5 0 1 ( c ) {4 )o r g a n i z a t i o n s a n d s e c t io n

4 9 4 7 ( a ) ( 1 ) t r u s ts ; o p t i o n a lf o r o t h e r s . )28 Sponsored t h ree you th f oo tba l l t eams

(Grants $ ) I f this amount In c ludes fore ign grants, check here . ^ u 28 a29 Sponsored t h ree youth chee r l ead i ng t eams

(Grants $ ) i f this amoun t Inc ludes fore ign grants chec k here . ^ s 29a30 Sponsored you th Guide R igh t P rograms (m entor i ng H igh Schoo l age m a tes )

(Grants $ ) I f this amount In c ludes fore ign grants, check here . ^ u 30 a3 1 O ther program services (at tach schedule)Grants $ ) I f this amoun t inc ludes fore ign grants, check here . . . . ^ u 31 a32 Total pro gram service exp enses (add l ines 28a through 31a). ^ 22ted. (See the i nstructions for Part IV.)Part IV List of Officers, Directors, Trustees, and Key Emplo yees. List each one even i f not compensa( a ) N a m e a n d a d d r e s s (b ) T i tl e a n d a v e r a g ehours p e r w e e kd e v o t e d to p o s i t i o n (a) C o m p e n s a t i o n(if not paid,e n t e r - 0 - .) (d ) C o n t r b u t i o n s toe m p l o y e e b e n e r r t p la n s &d e f e r re d c o m p e n s a i o n (e) E x p e n s ea c c o u n t a n do t h e r a l l o w a n c e sOr. Ronald Bishop. O. Box 12278 Lansing, M( 48901 President 0 0Timothy J . Watson----P. O. Box 12278 Lans ing , M I 4 8 9 0 1 Treasurer 0 0

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Form 990-EZ (2009) Page 3Other Information(Note the statement requirements in the instructions forPart V.)

33 Did the organization engage in any activity not previously reported to the IRS? If "Yes," attach a detaileddescription of each activity4 Were any changes made to the organizing or governing documents? If "Yes," attach a conformed copy ofthe changes5 if the organization had Income from business activities, such as those reported on lines 2, 6a, and 7a (among others), butnot reported on Form 99 0-T, attach a statement explaining why the organization did not report the income on Form 9 90 -T.a Did the organization have unrelated business gross income of $1,000 or more or was it subject to section6033(e) notice, reporting, and proxy tax requirements?If "Yes," has it filed a tax return on Form 990-T for this year?6 Did the organization undergo a liquidation, dissolution, termination, or significant disposition of net assetsduring the year? If "Yes," complete applicable parts of Schedule N637a Enter am ount of political expenditures, direct or indirect, as described in the instructions. S 37aDid the organization file Form 1120-PO L for this year?7b3 8 a Did the organization borrow from, or m ake any loans to, any officer, director, trustee, or key employee or were r -any such loans made in a prior year and still outstanding at the end of the period covered by this return? . .b If "Yes," complete Schedule L, Part ii and enter the total amount involved . . . . 38b39 Section 50 1(c)(7) organizations. Enter: " : = ' a Initiation fees and capital contributions included on line 99ab Gross receipts, included on line 9, for public use of club facilities9b4 0a Section 501( c)(3 ) organizations. Enter amount of tax imposed on the organization during the year under:section 4911 ^section 49121-section 4955 0 -b Section 501(c)(3) and 501(c)(4) organizations. Did the organization engage in any section 4958 excess benefit to... -transaction during the year or is it aware that it engaged in an excess benefit transaction with a disqualifiedperson in a prior year, and that the transaction has not been reported on any of the organization's priorForms 990 or 99 0-EZ ? If "Yes," complete Schedule L, Part 10bc Section 501(c)(3) and 501(o)(4) organizations. Enter amount of tax imposed onorganization managers or disqualified persons during the year under sections 4912,4955, and 4958d Section 501(c)(3) and 501(c)(4) organizations. Enter amount of tax on line 400reimbursed by the organization

e All organizations. At any time during the tax year, was the organization a party to a prohibited tax sheltertransaction? If "Yes," complete Form 8886-T . . .4 1 List the states with which a copy of this return is filed. ^ichigan 17 282 309


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Form 990EZ (2009) Page 4Limn Section 501(c) (3 ) organizations and section 4947(a)(1) nonexempt charitable trusts only. All section501(c)(3) organizations and section 4947 a)(1) nonexempt charitable trusts must answer questions 46-49band complete the tables for lines 50 and 51.4 6474 849ab60

Did the organization engage in direct or indirect political campaign activities on behalf of or in opposition to Yes No46 andidates for public office? If "Yes," complete Schedule C, Part Iid the organization engage in lobbying activities? If "Yes," complete Schedule C, Part li7 48 s the organization a school as described In section 170(b)(1 )(A)(ii)? If "Yes," complete Schedule EDid the organiz ation make any transfers to an exempt non-charitable related organization?f "Yes," was the related organization a section 527 organization?9 a 4 9 b ,C omplete this table for the organization's five highest compensated employees (other than oemployees) who each received more than $100,000 of compensation from the organization. Iffficers, directors, tthere is none, entrustees and k eyer "None."(a) Name and address of each employee paid morethan $100,000 (b) Title and averagehours per weekdevoted to position (c) Compensation (d) Contributions toemployee benerdplans&dofened compensation (a) Expanseaccount andother allowancesf Total number of other employees paid over $100,000 . . . . 1 ^

51 C omplete this table for the organization's five highest compensated independent contractors who each received more than$100,000 of compensation from the organization. If there is none, enter "None."( a ) N a m e a n d a d d r e s s o f e a c h i n d e p e n d e n t c o n t r a c t o r p a id m o r e than $100,000 ( b ) T y p e o f s e r v i c e (c) Compensation


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A RTIC LE III (cont.)3. a . I f o rgan ized on a no ns to c lc bas is , the descr ip t ion an d va lue o f i ts real p rop er ty assets are: ( i f no ne , inser t "no ne")

Noneb. The descr ip t ion and va lue o f i ts persona l p roper ty assets are: ( i f none, inser t "none' )

Nonec . The co rpo rat ion is t o be f inan ced under the fo l l owing genera l p lan :

Financing will be through the collection of dues, contributions, and assessments.d. The corporation is organized on airectorshi p(M embership or Directorship)

ARTICLE IV

ARTICLE VThe name(s) and address(es) o f the inc orp ora tor(s ) is (are) as fo l lows:

Name Residence or Bus iness Address

1. The address of the registered of f ice is:573 0 Piper Avenue Lansing 48911MhganZIP Code)2. The mai l ing address o f the reg istered o f f i ce , i f d i f feren t than abo ve:

P 0 Box 12278 Lansing , Michigan8901-2278(Street Address or P.O. Box) (City) (ZIP Code)

3. The n ame o f the res iden t agen t a t the regis tered o f f i ce is :Timothy J. W atson

(City)StreetAddress)


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Use space below for additional Articles or for continuation of previous Articles. Please identify any Article being continuedor added. Attach additional pages if needed.


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ARTICLE VIA . The D i rec to rs o f th is Co rp o ra t io n sha l l co ns ist o f n o t l ess than f ive

(5) nor more than Ten (10) persons, as determined from time totime by the Board of Directors. The Initial Board of Directors shallbe co mp r ised o f the fo l l ow ing members o f the Lans ing A lumn iChap te r o f Kapp a A l p ha Ps i: P o lemarch (P residen t ) , V iceP o lemarch (V ice Pres iden t ) , Keep er o f E xchequer (T reasurer) ,Keeper o f Reco rds (Sec re ta ry ) , W i ll ard W a lker , and S co t t S imon ,each a resident o f the S ta te o f M ich igan.B . T herea fte r, the P o lemarch , V ice P o lemarch , Keep er o f E xchequer,and Keeper o f Rec o rds o f the Lans ing A lumn i Chap te r o f Kapp aA lpha P s i shal l each be a D i rec to r o f th is Co rpo ra tio n f o r the fu l lterm of office, or until his or her resignation as hereinafterprovided. Each remaining member of the initial Board shall serveuntil the first annual meeting of the Corporation at which time he orshe sha l l cease to be a D i rec to r un less o therwise e lec ted asprovided herein. Thereafter, the term of office of any member oft he Bo ard , o ther than the P o lemarch , V i ce P o lemarch , Keeper o f

E xchequer and Keeper o f Rec o rds sha ll c om menc e upo n h is o r here lec t i on by majority vote of al l D i rec tors then in office and shallcontinue until the next annual meeting of the Corporation andthereafter until said Director 's succ essor is cho sen o r un t i l h is o rher resignat ion .C . Any Director may resign by written notice to the Corporation. Anymember o f the Bo ard , o ther than the P o lemarch , V i ce P o lemarch ,

Keeper o f E xchequer an d Keeper o f Reco rds may be remo ved as aDirector at any meeting of the Board, either with or without cause,by the affirmative vote of a majority of the Directors then in office.


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B . The Corporation will not engage in any act of self-dealing defined inS ec t i o n 4941(d ) o f the I n te rna l Revenue Code o f 1986 , asamended , o r c o mp arab le p rov is io ns o f subsequen t l eg is la t ion .C . T he Co rpo rat io n w i ll no t re tain any exc ess bus in ess ho ld ings asde f ined i n S ec t i o n 4943(c ) o f the I n te rna l Revenue Co de o f 1986 ,as amended , o r c o mp arab le p rov is io n o f subsequen t l eg is la t ion .D. The Corpo ra t i on will not make any investments in such manner asto subject it to tax under Section 4944 of the Internal Revenue

Co de o f 1986 , as amen ded , o r c om parab le p ro v is ion o f subsequen tlegis lat ion.E . T he Co rpo ra ti o n w i ll n o t make an y taxable expen d itu res as de finedin Section 4945(d) of the Internal Revenue Code of 1986, asamended , o r c o mp arab le p rov is ion s o f subsequen t l eg is la t ion .

ARTICLE VIIIT he Ar t i c l es and B y laws o f the Corp o ra t ion may be amen ded byaffirmative vote of a two-thirds majority of the members of the Boardof Directors then serving, at the annual meeting or any regular orspec ial meeting of the Board , p rov ided that a brief descr ip t ion of suchp ro po sed amendmen t shal l have been pub l ished i n o r w i th the no t iceo f the mee t ing .

ARTICLE IX


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ARTICLE X

A. Except as otherwise provided by law, a volunteer Director of theCorporation is not personally liable to the Corporation for monetarydamages for a breach of the Director's fiduciary duty.B. The Corporation assumes all liability to any person other than theCorporation for all acts or omissions of a volunteer Directoroccurring on or after January 1, 1988, incurred in the good faithperformance of his or her duties as a Director other than liability for

excise taxes imposed under Chapter 42 of the Internal RevenueCode and liability resulting from claims arising under state law formismanagement of the Corporation's assets.

ARTICLE XIA. To the extent permitted by applicable Michigan law, the Corporation

shall indemnify any person who was or is a party or is threatenedto be made a party to any threatened, pending or completedaction, suit or proceedings, whether civil, criminal, administrativeor investigative (other than an action by or in the right of theCorporation) by virtue of his or her capacity as a Director, officer,employee or agent of the Corporation acting within the scope of hisor her official duties.B. No member of the Board of Directors of the Corporation who is avolunteer director, as that term is defined in the Michigan NonprofitCorporation Act (the "Act") shall be personally liable to this


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If the Act is amended after approval of this Article by the Boardto authorize the further elimination or limitation of liabilities ofDirectors from non-profit corporations, then the liability of a Director,in addition to the limitation and elimination of personal liabilitycontained in this Article XI, shall be eliminated or limited to thefullest extent permitted by the Act as amended r except to extentlimitation or elimination of liabilities is inconsistent with the statusof the Corporation as an organization described in 501(c)(3) of theInternal Revenue Code of 1986, as amended. No amendment orRepeal of this Article XI shall apply to or have any effect on theliability or alleged liability of any Director of this Corporation for orwith respect to acts of omission of such Director occurring prior to theeffective date of any such amendment to repeal the Act.


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THE LANSING KAPPA ALPHA PSI FOUNDATION INCORPORATED(Domestic Nonprofit Corporation)

CONSTITUTION AND BYLAWS

Pursuant to the provisions of Act 162, Public Acts of 1982, asamended, the undersigned Corporation executes the following Articles:

ARTICLE IThe name of the Corporation is Lansing Kappa Alpha Psi Foundation

Inc.

ARTICLE IIThe objectives of the Corporation are:A, To benefit students, particularly minority students in Lansing,Michigan and surrounding areas by awarding college

scholarships.B. To benefit the community through support of charitable serviceto the public.C . To receive and administer funds exclusively for the purposes setforth in Section 501(c)(3) of the Internal Revenue Code of 1986


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E . To conduct all activities so that no part of the assets or netearnings of the Corporation shall inure to the benefit of or bedistributable to its Directors, officers, or other private persons,except that the Corporation shall be authorized and empoweredto pay a reasonable compensation for services rendered and tomake payment and distributions in furtherance of the purposesset forth in these Articles.

F , To conduct all activities so that no substantial part of theactivities of the Corporation shall be the carrying on ofpropaganda or otherwise attempting to influence legislation, andthe Corporation shall not participate in or intervene in (includingthe publishing or distribution of statements) any politicalcampaign on behalf of (or in opposition to) any candidate forpublic office.

ARTICLE IIIA. The Corporation is organized upon a non-stock basis.B . The Corporation has no real property or personal property

assets.C. The Corporation is to be financed through gifts, grants andcontributions of funds and property, and the income generated

from sponsored activities of the Foundation,D . The Corporation is organized on a Directorship basis.


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f

ARTICLE VIA. The Directors of this Corporation shall consist of not less than five(5) nor more than Ten (10) persons, as determined from time totime by the Board of Directors. The Initial Board of Directors shallbe comprised of the following members of the Lansing AlumniChapter of Kappa Alpha Psi: Polemarch (President), VicePolemarch (Vice President), Keeper of Exchequer (Treasurer),Keeper of Records (Secretary), James Butler and Willard Walker,each a resident of the State of Michigan.B. Thereafter, the Polemarch, Vice Polemarch, Keeper of Exchequer,and Keeper of Records of the Lansing Alumni Chapter of KappaAlpha Psi shall each be a Director of this Corporation for the full

term of office, or until his or her resignation as hereinafterprovided. Each remaining member of the initial Board shall serveuntil the first annual meeting of the Corporation at which time he orshe shall cease to be a Director unless otherwise elected asprovided herein. Thereafter, the term of office of any member ofthe Board, other than the Polemarch, Vice Polemarch, Keeper ofExchequer and Keeper of Records shall commence upon his or herelection by majority vote of all Directors then in office and shallcontinue until the next annual meeting of the Corporation andthereafter until said Director's successor is chosen or until his orher resignation,C , Any Director may resign by written notice to the Corporation. Any

member of the Board, other than the Polemarch, Vice Polemarch,Keeper of Exchequer and Keeper of Records may be removed as aDirector at any meeting of the Board, either with or without cause,


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B. The Corporation will not engage in any act of self-dealing defined inSection 4941(d) of the Internal Revenue Code of 1986, asamended, or comparable provisions of subsequent legislation.C . The Corporation will not retain any excess business holdings asdefined in Section 4943(c) of the Internal Revenue Code of 1986,as amended, or comparable provision of subsequent legislation.D . The Corporation will not make any investments in such manner asto subject it to tax under Section 4944 of the Internal Revenue

Code of 1986, as amended, or comparable provision of subsequentlegislation.E . The Corporation will not make any taxable expenditures as definedin Section 4945(d) of the Internal Revenue Code of 1986, asamended, or comparable provisions of subsequent legislation.

ARTICLE VIIIThe Articles and Bylaws of the Corporation may be amended byaffirmative vote of a two-thirds majority of the members of the Boardof Directors then serving, at the annual meeting or any regular orspecial meeting of the Board, provided that a brief description of suchproposed amendment shall have been published in or with the noticeof the meeting.


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ARTICLE X

A. Except as otherwise provided by law, a volunteer Director of theCorporation is not personally liable to the Corporation for monetarydamages for a breach of the Director's fiduciary duty.B. The Corporation assumes all liability to any person other than theCorporation for all acts or omissions of a volunteer Directoroccurring on or after January 1, 1988, incurred in the good faith

performance of his or her duties as a Director other than liability forexcise taxes imposed under Chapter 42 of the Internal RevenueCode and liability resulting from claims arising under state law formismanagement of the Corporation's assets.

ARTICLE XIA. To the extent permitted by applicable Michigan law, the Corporationshall indemnify any person who was or is a party or is threatenedto be made a party to any threatened, pending or completedaction, suit or proceedings, whether civil, criminal, administrativeor investigative (other than an action by or in the right of theCorporation) by virtue of his or her capacity as a Director, officer,employee or agent of the Corporation acting within the scope of his

or her official duties.B. No member of the Board of Directors of the Corporation who is avolunteer director, as that term is defined in the Michigan Nonprofit


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If the Act is amended after approval of this Article by the Boardto authorize the further elimination or limitation of. liabilities ofDirectors from non-profit corporations, then the liability of a Director,in addition to the limitation and elimination of personal liabilitycontained in this Article XI, shall be eliminated or limited to thefullest extent permitted by the Act as amended, except to extentlimitation or elimination of liabilities is inconsistent with the statusof the Corporation as an organization described in 501(c)(3) of theInternal Revenue Code of 1986, as amended. No amendment orRepeal of this Article XI shall apply to or have any effect on theliability or alleged liability of any Director of this Corporation for orwith respect to acts of omission of such Director occurring prior to theeffective date of any such amendment to repeal the Act.

We, the incorporators, sign our names this 14 day ofSeptember, 2007.

; 7.i 4 ,!


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C h ris S w o p eLans ing C i ty C le rk

De cembe r 16, 2010

P r e s i de n t R o b in s o n a n d Me m b e r s o f t h e L a n s i n g C i ty C o u n ci l1 0t h F l o o r C i ty H a l lLansing, MI 48933D e a r P r e s i de n t R o b i n s o n a n d C o u n ci l M e m b e r s :The Minutes from the Meetings of the following Boards and Authorities of the City ofL a n s i n g w e r e p l a c e d o n f il e i n t h e C i ty C l e r k ' s O ffi ce a n d a r e a t ta c h e d fo r y o u r i n fo r m a t i o na n d r e v ie w .BOARD NAME DATE OF MEETINGB o a r d o f E th i cs N o v e m b e r 9 , 2 01 0B o a rd o f P ub li c S e rv i ce N o v e m b e r 4 , 20 10Octobe r 14, 2010B o a r d o f Zo n i n g A p p e a l s Octobe r 21, 2010S e p t e m b e r 9 , 20 10Augus t 12, 2010


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AP ROV ED MI NUTESLANSING CITY BOAR D OF ETHICSREGULAR MEETI NGNOVE MB ER 9, 2010 - 5:30 P.M.LP D NORTH P RECINCT CONFERENCE RO OM

The meeting was called to order at 5:30 P.M. in the Conference Room, Lansing PoliceD e p a r t m e n t N o r t h P r e c i n c t , L a n s i n g , M i c h i g a n .BOARD MEM BERS P RESENT: S u s a n G r e t t e n b e r g e r , P h D , C h a i r p e r s o nR e v . J o h n F o l k e r sW e s T h o r pK i r k H e w i ttABSENT: R e v . C h a r l e s B i cy , V ic e -C h a i r p e r s o nP e n n y G a r d n e r , .P h DC o n n i e D o y leA QUORUM WAS PRESENTOTHERS PRESENT: D o n K u lh a n e k , D e p u t y C i ty A t to r n e yK e v in R e e v e s , C h i e f D e p u t y C i t y C l e r kD r . J o a n J a c k s o n - J o h n s o nPUBLIC COMMEN T: Dr. Joan Jackson-Johnson asked that her comments regardingC o m p l a i n t #2 01 0- 00 1 b e h e a r d i n cl o s e d s e s s i o n .AP P ROV AL OF AG ENDA: Moved b y M r . H e w i tt to a p p r o v e t h e a g e n d a a s s u b m it te d .MOTI ON CARRIEDSECRETARY'S REPORT : A p p r o v a l o f M in u t e s : Moved b y M r . H e w i tt t o a p p r o v e t h eminu tes o f Sep temb er 1 4 , 2 0 1 0 as s u b mi t t ed .MOTI ON CARRIED


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REGULAR MEETING OFBOARD OF PUBLIC SERVICE

NOVEMBER 4, 2010PRESENT: Paul Baerman, Ron Bloomberg, Matt Flechter, and Rory NeunerABSENT: Dale Copedge, James Marshall, Shirley Rodgers, and Alfreda SchmidtSTAFF: Chad Gam ble, and Paul StokesVISITORS: None

1) CALLTOORDER:With no quorum present, Chair Baerman called the meeting of the whole to order at11:58 a.m., at the Lansing Public Service Department Wastewater Treatment P lant.a. Roll Callb. Excused Absences: Dale Copedge, Shirley Rodgers, and Alfreda Schmidt

2) CITIZEN COMMEN TS: None3) APPROVALOFBOARDMINUTES:

October 14, 2010W ith no quorum present, the Board deferred the approval of the minutes to next meeting.4) ACTION ITEMS:

Public Service Board Page 2


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November 4, 201012:15 p.m. M r. Flechter arrived

Mr. Stokes stated in the last two to three years the only violations have been d ue tooverflows only.

7 ) DIRECTOR'S REPORT:The me mbers discussed and listed out ideas for their Budget Priorities:a. Recycling and Educationb. Gap C losure and Sidewalks Maintenancec. Local Streetsd. CSOe. Staffing

Chair Baerm an and Vice Cha ir Bloomberg will put together a proposed resolution for theboard's approval at next meeting.12:53 p.m. Ms. Neuner leftMr. Gam ble wore to the mee ting a high visibility class 2 safety t-shirt, intact with safety tap,and adorned w ith the City logo and Pu blic Service printed on the back. Mr. Gam ble wasproud to anno unce that the shirts were mad e for all employees of the Public ServiceDepartme nt. Two other divisions joined the Public Service Departmen t recently and the ideawas to have som ething that joined everyone together in our department and to thank them fortheir hard work a nd dedication. This shirt is safety rated and can b e wo rn just like the ratedsafety vest.Mr. Gamble gave a brief update on the Waverly Road Sidewalk agreement/discussions with


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Board ,of Zoning Appeals Minutes :October 21, 2010 '.Page 1

MINUTES'OFTHEREGULAR MEETINGBOARDOF;ZONING APPEALS!Oc tob er 21, 2010 6:30 'P.M.Conferenc e Room - 1435 E.+Miller Road

I . !ROLL CALLThe mee t in g w a s c a l l ed to o rder by :Emly Horn e a t 4:00 p . m. Ms. Hor n e r ea d th e BZAint roduction. Rol l cal l was taken .Present : E. Horne M. Ailing K. Whitfield B. Williams A. Sh inn

;Absent: G. Hilts M. Mayberr y B. McGrainStaff: S. StachowiakA quorum o f a t lea s t five members w as p res en t , a l l ow ing vo t ing ac ti on t o be t ak e n a t t hemeeting.

II APPROVAL OF AGENDA

C )c : ?

1 1 1 . HEARINGS/ACTION `-; . ., ,A. 'BZA-3964.10, 217 Rita Avenu e

M. Ail ing m oved, seconded by B. Wi l iam s to ap prove the agenda, wi th theraddi t ipn of"Electing a Temporary Vice-Chairperson" u nder New Bu siness. :r'On a voice vote, th e m otion ca rried 5-0. '


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Board .of Zoning App eals Minutes -October 21, 2010 Page 2

" ca r p o r t " o n t h e s i t e p l a n i s a c tu a l ly j us t ^ a 'c o v e r e d p o r c h . T h e r e w i ll o n l y ' be r o o m f o r o n eca r u n d e r the lean-to and therefore, the p r o p o s a l will not be inconsistent with . the intentand purpose of the ordinance or the criteria used to evaluate variances.,Dor r a l G o fo r th , 217 R i t a . Avenue, spoke in support of his request. He said that he hasno problem with complying with the 840 square foot detached garage limitation. He alsosaid that ,the area behind the :garage is a natural drainage area and if the setbackvariance is not approved,'the garage w i l l have to be l o c a t e d in this area w h i c h wil l create.a drainage problem, not only for his property but for the adjoining neighbors as well.Barbara Falcsik, 211 'Rita Avenue, spoke in support of the request. She said that shelives right next door to the Goforths and they have improved the property immenselysince they moved in. She said that the proposal will further improve the property andh e n c e , th e n e i g h b o r h o o d i n g e n e r a l.At the public hearing held on October 14, 2010, the following individuals spoke:

Ruth . Tab er , 2 3 0 Ri ta A venu e : Support the requestsRona ld Whi tney , 2 1 8 Ri ta A venu e: Supports the requestsK imb er l y G of o r th , 21 7 Ri ta A venu e : Spoke in support of her requestDor ra l G of o r th , 2 1 7 Ri ta A venu e: Spoke in support of his request.

Ms. Horne stated that a lot of questions were asked and answered at the public hearing.She asked if any of the Board members had any other questions. Seeing none, Ms.Horne stated that she is supportive of the requests as recommended by the staff. Shealso stated that she would like to invite the Goforths to attend the 'Old EverettN e i g h b o r h o o d A s s o c i a t i o n m e e t i n g s .Ms. Ailing moved to deny a variance of 60 feet to the allowable garage area and approval ofvariances of 30 feet to the front yard setback requirement to permit a new detached garage and


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Board of Zoning Appeals Minutes October 21, 2010 Page 3B. BZA -3965.10, 2821 W . Jol ly Roa d

This is a request by Melissia Patton to permit a hair salon in the home at 2821 W. JollyRoad. The proposed . hair salon would serve up to 12 customers per day and wouldinclude a hydraulic chair, commercial hair dryer and a shampoo sink. Section1 24 8. 03 ( e ) (7 ) o f t h e Z o n i n g C o d e s t a t e s :"No equipment is used, except equipment which is normally used for purelydomestic or household purposes. Equipment not normally used for purelydomestic or household purposes may be installed if the Board of Zoning Appealsapproves such use. The Board shall approve of such use if it is satisfied that theintensity of use will not be increased to a level that wil l adversely impact any lotw i th i n 3 0 0 fe e t o f th e l o t s e e k i n g B o a r d a p p r o v a l."

The use of hair salon equipment for a home occupation 2821 W. Jolly Road is, therefore,being requested. Staff recommended approval of BZA 3965.10', based upon the findingsof fact as detailed in this staff report, with the following conditions: (1) the applicant mustlive in the home and adhere to all of the conditions required for the operation of a homeoccupation; and (2) The hair salon is limited to one swivel chair, one professional haird ry e r a n d o n e s h a m p o o s i n k .Ms. Stachowiak stated that the criteria for evaluating home occupation requests isdifferent from that of variances. She said that in this case, no practical difficulty orunnecessary hardship needs to be established. The Board just needs to find that theequipment will not negatively impact the surrounding area. Ms. Stachowiak stated that allproperty owners within 300 feet of 2821 W. Jolly Road were notified and not commentsw e r e r e c e iv e d.Melissia Patton, 2821 W . Jol ly Road, spoke in support of her request. She asked aboutthe sign regulations for a home occupation and whether she could, have a sign on thei n s i de o f t h e w i n do w .Ms. Stachowiak stated that the ordinance allows a one square foot sign, mounted flat


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Board tof Zoning App eals Minutes October 21, 2010 Page 4

Vote Yes NoShinn XHorne XWilliams XWhitfield XAiling XOn a ro l l c a l l vote (5-0) , the va r i an ce w as app roved .

C. BZ A-3966.10, 1436 Cam b r idqe RoadThis is a request by Theodorus Wilbrink for a variance of 5 feet to the front yard setbackrequirement to permit the construction of an addition to the front of the garage 1436Cambridge Road on a finding that the variance would be consistent with the practical'difficulty criteria of Section 1244.06 (c) and the impact criteria of Section 1244.06 (e), asdetailed in the staff report for this application, with the condition that the addition isconsistent with the rest of the house in terms of design, materials and color.Theodorus Wibrink, 58 Apple 'Blossom Lane, Okemos, spoke in support of hisrequest. He stated that there is a basement below the garage and since the pavement,has cracked, liquids can leak into the house which would be a safety hazard to theoccupants. Mr. Wilbrink stated that the garage will fit in with the setbacks and the designo f th e o t h e r h o us e s i n t h e a r e a .At the public hearing held on October 14, 2010, the following individuals spoke:


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Board of Zoning Appeals Minutes October 21, 2010 Page 5

Vote Yes = . N oShinnHorne - XWilliams XWhitfield XAiling XOn a roll call vote (5-0), the variance was approved.

VI. OLD'BUSINESS

VII. = P UB L IC C O M M E NT

VIII. APPROVAL OF MINUTESMinutes of Regular Meeting held September 9, 2010B. Williams moved, seconded by M. Ailing to approve the minutes of September 9, 2010, asprinted. On a voice vote, the motion carried unanimously (5-0).

IX. N E W B U S I N E S STemporary Vice-Chairperson.B. Williams moved, seconded by K. Whitfield to elect Marcie Ailing Temporary Vice-


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Board of Zoning Appeals Minutes September 9, 2010 Page 1

Approved: 9/ MQClerk: 9/ /10MINUTES OF THEREGULAR MEETINGBOARD OF ZONING APPEALSSeptember 9,201.0 6:30 ,, * P . M .Conference Room -- 1435'E:Miller Road

I. RJlJ{ALLThe meeting was called to order by BrianJMoGrain at 6:30 p.m. Vice-Chairman Hilts read theBZA introduction. Roll call was taken.Present: B. MnGroin E. Horne M. Ailing K. W hifieldAbsent: G. Hilts .Mybey. WilliamsStaff: S. Stachowiak H. StanleyA quorum of at least four members was present, allowing voting action to 'be taken at themeeting.

APPROVAL OFAGENDAM. Ailing moved, seconded by E.Horne to approve the agenda as printed.On a voice vote, the motion carried 4-0.

lK .HEARINGSIACTION


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Board of Zoning A ppeals Minutes September 9, 2010 Page 2

'Ms. Ailing moved to approve . BZA-3963.10 for a -variance of 3 feet to the ,side yard setbackrequirement to 'permit,an addition to the garage on the north side of the house at 2305 ;Arlington;Road, on 'a finding that the variance .will be 'consistent with the practical :difficulty criteria ofSection 1244.06 ,(c) . and the impac t .criteria 'of Section '1244.06 (e) , as detailed in the staff report forthis application, with the condition that the addition is consistent with the existing 'house in termsof design, color and materials. Seconded byE.iHorneVote Yes NoHorne XMcGrain XWhitfield XAiling XOn a roll . call vote (4-0), the variance was approved.

VI. OLD BUSINESSVII. PUBLIC COMMENTVIII APPROVAL OF MINUTES

Minutes of Regular Meeting held August 12, 2010E. Horne moved, seconded by M . Ailing to approve the m inutes of August 12, 2010 with thecorrection to page 3 that lists Mr. McGrain rather than Ms. Whitfield as having voted onvariance number 3961.10. On a voice vote, the motion carried unanimously (4-0).


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Board of. Zoning Appeals Minutes August 12, 2010 Page 1

Approved: , 8/ 110'Clerk: 8/ /10

MINUTES OF THE REGULAR,MEETINGBOARD OF ZONING APPEALSAugust 12, 2010 4:00'P:M.Conference Room - 1435 E. l Miller Road

ROLL 'CALLThe meeting was called to order by Vice-Chairman 'Hilts at 6:30 p.m. Vice-Chairman Hilts readthe BZA introduction. Roll call was taken.Present:G. Hilts . .E. Horne M. Ailing K. Whifield B. WilliamsAbsent: M. Mayberry B. McGrainStaff: S. Stachowiak H. StanleyA quorum of at least five members was present, allowing voting action to be taken at themeeting.

I I APPROVAL OF AGENDAE. Horne moved, seconded by B. Williams to approve the agenda as printed:On a voice vote,::the motion carried 5-0.

U > r C )


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Page 2oard of Zoning Appeals Minutes August 12, 2010

the bedrooms. The addition would ;provide a first floor bedroom for his mother and theplumbing is available to provide her with a new shower as well.Geoff' Kilpatrick, 1131 N. Jenison Street, spoke in support of the request. He said thathe lives next door and he is willing to grant an easement for maintenance. He also saidthat the chain-link fence will be taken down.Mr. Hilts asked if anyone else wished to address the Board. Seeing none, the Boardmoved into the Committee of the Whole.Ms. Whitfield said that she works for the Ingham County Land Bank and this property is. inone of their neighborhood stabilization program target areas. She said that this may bea conflict of interest. .Mr. Hilts stated that Ms. Whitfield does not stand to personally gain anything, monetarilyor otherwise, from the outcome of this request and therefore, she does not need toabstain from voting on this case.Ms. Horne said that she is very sympathetic to Mr. Kilpatrick's situation as she cared forher 100 year old mother at home.Mr. Hilts said that he is also sympathetic to the situation as his mother is 83. He statedthat the staff report adequately describes the practical difficulty and he will be supportingthis request.

E. Horne moved to approve BZA-3960.10 fora variance of 2.1 feet to the side yard setbackrequirement to permit an addition on the house ,at 1135 N. Jenison Street, on a finding that thevariance will be consistent with the practical difficulty criteria of Section 1244.06 (c) and theimpact criteria of Section 1244.06 (e), as detailed in the staff report for this application, with thecondition that the addition is consistent with the existing house in terms of design, color and .materials and with the condition that the applicant secure a 1 foot easement from the adjoiningproperty owner to the south for maintenance along the side of the house/addition Seconded byM. Ailing.


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Board .of Zoning Appeals Minutes August 12, 2010 Page 3

impact cr ite r ia o f Se ct ion 1244.06(e), as de ta i led in the s taf f rep o r t fo r th is , ap p l icat ion.David !Ka l lwei t , 1133 W . A ll e g a n S t r e e t , s p o k e i n s u p p o r t o f ' h i s r e q ue s t a n d r e v i e w e ds o m e p h o t o g r a p h s o f th e b a ck o f .t h e h o u s e . H e e x p l a i n e d th a t h e w a n t s t o c o n s t r u ct adeck that is supported by ,posts in the ground rather than using the roof of the rearaddition for a deck. 'He "stated -that there is a door on the 2nd floor and if the deck is notc o ns t r uc te d t h e d o o r w i ll no t le ad anyw h e r e .M r . H il ts a s k e d if a n y o n e ; e l s e w i s h e d t o a d dr e s s t h e B o a r d. S e e i n g n o n e , t h e B o a r dm o v e d in t o t h e C o m m it te e o f t h e W h o l e .M s. Ho rn e a sk e d wh a t t y p e o f ma te r i a l s w i ll be u se d f o r t h e d e c k .

'Mr . Kal lwe i t said that it wil l be 4" x 6" t r e a t e d lumber.M s . A il ing s a i d t h a t t h e l e t t e r t h a t M r . K a l lw e i t p r o v i de d ad e q u at e l y ' de s c r ib e s t h e r e a s o nw h y t h e n e w de c k is n e c e ss a r y . S h e a l so sa id t h a t t h e p r a c t ic a l d i ffi cu lt y i s de s c r ibe d int h e s t a ff r e p o r t .

M. Ailing moved to approve BZA-3961.10, a variance of 12.5 feet to the rear 'yard setbackrequi rement to permit a new deck on the b a c k of the 'house at 1133 W. Al legan Street, on a findingtha t the va r ian ces wi l l be con s is tent w i th the p rac t ica l d i f f icu l ty c r i ter ia o f Sec t ion 1244 .06 (c ) andthe impact criteria of Section 1244.06 (e), as detailed in the staff report for this application.Seconded 'by B. W i l li am s.Vote Yes NoHorne XHiltsMcGra i n XAil ing X


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Board of Zoning Appeals Minutes ;August 12,2010 Page 4

Jane iRingenberg, 1013 W..Mt.'Hope Avenue, spoke in support of her 'request. Shestated that the existing house is very small with virtually no closets or storage areas. Ms.Ringenberg said that the addition will provide closet space and a utility room. She saidthat it will also balance the shape of the house. She stated that the new addition will notbe any closer to the east property line than the existing house and the next door neighboralready has a fence along the property line.'Mr. Hilts asked if anyone else wished to address the Board. 'Seeing none, the Boardmoved into the Committee of the Whole.Ms. Stachowiak said that she is less concerned about the easement in this case becausethe one foot side yard setback has already been established whereas, in the other case,the reduced setback was just being created.Ms. 'Horne asked the applicants if they had ever been before the BZA in the past.Ms. Ringenberg said that they came before the Board 16 years ago. She said that theyhave lived there for over 30 years and would like to keep investing in this property. Shealso said that they have reviewed their plans with the adjoining neighbors and they areboth supportive of their proposal.Ms. Home said that she is familiar with the house at 1013 W. Mt. Hope Avenue and thenew add ition will balance the house an d will look very nice.

E. Horne moved to approve BZA-3962.10, a variance of 3.25 feet to the side yard setback to permitan addition on the front of the house at 1013 W. Mt. Hope Avenue, on a:finding that the varianceswill be consistent with the practical difficulty criteria of Section 1244.06 (c) and the impact criteriaof Section 1244.06 (e), as detailed in the staff report for this application, with the condition that theaddition is ,consistent with the rest of the house in terms of design, materials and color.Seconded by B. Williams,


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Board of Zoning Appeals Minutes August 12, 2010 Page 5

VIII. APPROVAL OF MINUTES .'Minutes of'Reqular Meetinq held July'8, 2010 ,-B. Williams moved, seconded by M. Ailing to approve the minutes of July 8, 2010, as;printed. On a voice vote, the motion carried unanimously (5-0).

IX. NEW BUSINESS

X. ADJOURNMENT AT 7 :09 P.M.

Respectfully submitted;

Susan Stachowiak, Zoning Administrator


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Board of Zoning Appeals Minutes ;July 8, 2010 Page 1

Approved: 81 /10Clerk: 8/ /10

MINUTES OF THE 'SPECIAL MEETINGABOARD OF ZONING APPEALSJuly 8,:2010 4:00 P.M.South Precinct Conference Room - 3400 S.Cedar Street

ROLL-CALLThe meeting was called to order by Vice-Chairman Hilts at 6:30 p.m. Vice-Chairman Hilts readthe BZA introduction. Roll call was taken.Present:G. Hilts E. Horne M. Ailing B. McGrain WilliamsAbsent: M. MayberryStaff: S. Stachowiak H. StanleyA quorum of at least five members was present, allowing voting action to be taken at themeeting.

lI APPROVAL OF AGENDAB. McGrain moved, seconded by M. Ailing to approve the agenda as printed.On a voice vote, the motion carried 5-0. -c :


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Board of Zoning Appeals Minutes July 8, 201.0 Page 2

Ms . H orne s a id tha t s he we nt pas t t he h ous e ye s te rday and not iced tha t t here ' i s a newdr iveway.M r. Francis said that h e put the new driveway in 3 years ago and he w o r k e d with thene igh bor s ince i t is a jo in t dr iveway .M r. H il t s asked i f anyone e lse w i shed to address the Board. See i ng no ne, the Boardmoved in to the C ommittee o f the Who le.M r. M cGra in sa i d tha t the p ropo sed po rch w i l l be cons i s ten t w i th the po rches tha t a l readye x is t o n e i t h e r s i d e o f t h e h o u s e . H e a l s o s a i d th a t t h e e x is t i n g m e t a l p o r ch r o o f i s n o tcharacter is t ic of house s f rom the 1920 ' s .Mr .'McGra in sa id tha t t he n ew po rch w i l l f it i nm uch be t te r w i th the a rch i tecture o f the house and the res t o f the ne i ghborho od.M s. Horne s ta ted tha t she i s suppor t i ve o f the reques t as long as the re i s a condit ion tha tthe p o rch i s cons i s ten t w i th the res t o f the house i n te rms o f des i gn , co lo r and m ate r ia l s .

B. McGra in m oved to appr ove BZA-3958.10 for a var ianc e of 3 feet to the f ront y ard setb ac krequirem ent to perm it a n ew covered porch on th e front of the 'house 1105 Parkdale Street, on afinding tha t the varian ce wil l be consistent with the prac t ical diff iculty c r i ter ia of Sect ion 1244.06(c) and the im pac t criteria of Section 1244.06 (e), as detailed in the sta ff report for this applic ation,with the condi t ion tha t the porch is c onsis tent wi th the ex is t ing house in terms of design, coloran d m ateria ls. Seconded by E. Horne.Vote Yes N oHorne XHilts XMcGrain XAiling XWil l iams X


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Board of Zoning Appeals Minutes July 8, 2010 'Page 3

t h e ve h i cl e s f r o m t h e p e d e s t r ian a r e as . :Mr . ;M uy l le s a i d th a t t h e ne i gh b o r h o o d h as h e l p e ddesign the .project. In April, 2007 there was a design charrette that includedr e p r e s e n t a ti ve s f r o m th e n e i g h b o r h o o d a s w e l l a s M a r y S w a n s o n a n d h e r h u s b a n d o fS w a n s o n D e s i g n S t ud io s . T h e y h a v e a l s o u ti li z e d th e m a s t e r p l a n n i n g p r o c e s s a s w e l l.T h e s i te w i ll h a v e n a t u r a l d r a i n a g e a n d t h e e x is t i n g t r e e s w i ll be p r e s e r v e d . 'M r . Mu y ll es a i d th a t h e l i ve s i n t h e n e i g h b o r h o o d a n d o w n s s e v e r a l p r o p e r t ie s i n t h e a r e a . H e s t a t e dt h a t s o m e o f th e h o u s e s a l o n g R e g e n t S t r e e t a r e e v e n c lo s e r to t h e f r o n t p r o p e r t y l in et h a t w h a t i s b e i n g p r o p o s e d . Th e n e w h o u s e s w i ll a ls o h a v e s h a l lo w fr o n t y a r d s e t b a ck sa n d w i l l h a v e a c c e s s t o s i d e w a l k s a n d p e d e s t r ia n p a t h w a y s i n o r d e r t o m a i n t a in a s t r o n gs o c ia l co n n e c t io n t h r o u g h p e d e s t r i a n i n t e r a c ti o n . Th e p e d e s t r i a n p a t h w a y s w i ll be ' b r ic kor some type of permeable surface and the common area will be designed in a veryae s t h e t i c a l l y p l e as i ng m anne r .Mr. Muylle said that the houses will be relatively small in order to create a "cottage"atmosphere. Two parking spaces per unit are required, however, they may not beneeded given the culture of the area. For that reason, the parking structures will bed e s i gne d t o h ave a l t e r na t e u s e s s u ch as p a t i o s , ga r d e ns , e t c.Ma ry S wa ns on , . S wan son 'Des ign S tud ios , 329 E . Gra nd R iver Avenu e, : s p o ke i ns u p p o r t o f th e r e q u e s t . S h e s a i d t h a t e a c h u n i t w i ll b e s t i ck b u il t a n d w i ll b e t h o u g h t fu ll yde s ig n e d. It w i l l no t be a modular communi ty .L y n n e M a r t i n e z , 306 L e s l i e Street, s p o k e i n s u p p o r t o f th e r e q ue s t . M s . M a r ti n e z s a i dt h a t s h e l i ve s a b o u t 2 bl o c ks aw ay f r o m t h e . p r o j e c t s i t e and s h e i s s t r o n g l y i n favo r o f M r .M uy l le s r e q ue s t . S h e s a i d t h a t M r . M u y ll e h a s d o n e a g r e a t j o b r e s t o r i n g h o u s e s o n t h ee a s t s i de a n d is a g r e a t p a r t n e r w i th o t h e r n e i g h b o r h o o d r e v it a li z a t io n g r o u p s i n t h e a r e a .M s . Ma r t in e z s a i d th a t t h e p r o p o s a l i s co n s i s t e n t w i t h t h e g o a l s o f th e m a s t e r p l a n w h i c hi s t o cr e a t e n o d e s o f h i g h d e n s i t y r e s i d e n t i a l d e v e l o p m e n t n e a r c o m m e r c i a l a r e a s w i thp u b li c t r a n s p o r t a t i o n f a ci li ti e s . S h e s a i d t h a t s h e i s w o r k i n g o n a m a r k e t s t ud y to m a k e 't h e e a s t s i d e m o r e f ri e n d ly a n d m a r k e t a b le f o r p e o p l e w h o a r e c o m i n g o f a g e . S h e s a i dt h a t h a n d i ca p a c c e s s i b le h o m e s a r e v e r y i m p o r t a n t s o t h a t o l d e r p e o p l e c a n s t a y i n th ea r e a .


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Board 'of Zoning Appeals Minutes July 8,2010 Page 4

Mr. Muylle said that if they do not sell, he can rent them out.Mr. 'McGrain said that this is a well thought out project that he. is happy to support. Hesaid that the trend should bete focus on smaller, in-fill homes.Mr. Hilts said that the project fits in with the "Cool Cities" initiative as well.Ms. Horne stated that she has been involved in Lansing planning since 1972 and thisproject is a dream come true. She said that the project will help to retain the populationand will be very aesthetically pleasing.'Ms. Ailing commended Mr. Muylle for involving the neighborhood with the planning forthis project. She said that the process that Mr. Muylle took to develop this project shouldbe a model for other projects in the city.Mr. ,McGain said that the practical difficulty involves the easement that runs through thecenter of the development. He also said that this is a planned residential developmentbeing inserted into an existing neighborhood and the proposed setbacks will beconsistent with the setback patterns that have already been established in the area. Tothat end, the spirit of the ordinance is being observed.

M. Ailing moved to approve BZA-3959.10 variances of 7 feet and 4 feet to the front yard setbackrequirements to permit a new house at 130 Regent Street that would have a front yard. setback of13 feet and new houses at 131 and 135 Leslie 'Street that would have front yard setbacks of 16feet, on a finding that the variances will be consistent with the practical difficulty criteria ofSection 1244.06 (c) and the impact criteria of Section 1244.06 (e), as detailed in the staff report forthis application. Seconded by B. McGrain.Vote Yes NoHome XHilts X


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Board of Zoning Appeals Minutes ,July 8, 2010 Page 5

VIII. APPROVAL OF:MINUTESA. M i n u te s o f R e q u la r M e e t i n g h e l d Ju n e 1 0, 20 10

B. McGrain moved, seconded by M. Ailing to approve the minutes of June 10, 2010,a s . p r i n t e d . O n a v o i ce v o t e , th e m ot ion ca r r ied un an im ously (5-0) .

IX. ANEW BUSINESSM s . Ho r ne s a i d t h a t t h e S , Pr e c i nc t i s c lo s i ng as . a r e s u l t o f t h e c o ns o l i d a t io n . S h e s a i d t h a t s h e i sw o r k i n g w i th t h e P o l ic e D e p a r t m e n t t o a l l o w t h e B Z A m e e t in g s t o s t i ll ta k e p l a c e a t t h e S . P r e c in c tb ut i f i t do e s no t w o r k o u t , w e m ay ne e d to f i nd ano t h e r ve nu e .Mr.McGrain we lcomed Mr. Wi l l iams to the Board.

X. 'ADJOURNMENT AT7:30 P.M.

Res pe ctfu l ly s ubmi t ted,

S u s an S t ac h o w i ak , Z o n i ng Ad m i n i s t r a t o r

Board of Zoning Appeals Minutes June 17, 2010 Page 1


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MINUTES,OF THE'SPECIAL ME ETINGBOARD OF Z ONI NG AP P EALSJun e 17, 2010 4:00 P.M.S outh P rec i nc t Confe rence Room - 3400 S. Cedar Street

;ROLL'CALLThe meeting was called to order by Chairman Burgess at 4:00 p.m. Chairman Burgess read theBZA introduction. Roll call was taken.'Present:B. Burgess E . Ho r n e ,M. Ail ing B. McGra inAbsent: G . S w i x M . M a y be r r y G. Hil tsStaff: S. Stachowiak H . S t a n l e yA quorum of at least four members was present, allowing voting action to be taken at them e e t i n g .

1 1 APPROVAL OF AGENDAE. Home moved, seconded by B. McGrain to approve the agenda as printed.On a vo i ce vo te , the m o t ion c a r r i ed 4 -0.

III. HEARINGS/ACTION

Board of Zoning Appeals M inutes. June 17 ,, 2010 Page 2


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the porch is consistent with the rest of the house in terms of design, color and materials.M r . M cG r a i n s t a t e d th a t h e i s s u p p o r t i v e o f t h e r e q u e s t a s i t w i l l i m p r o v e t h e fu n c ti o n a l it yo f th e p o r c h a n d w i l l m a k e t h e h o u s e l o o k m u ch n i c e r .

B. McGrain moved to approve BZA-3957.10 for a variance of 6.7 feet to the front yard setbackrequirement to permit a ,new covered porch on the front , of'the'house at 822 ,Poxson -Avenue, on afinding that the variance will be consistent with the practical difficulty criteria of Section 1244.06(c) 'and 'the impact criteria of Section ,1244.06..(e), as detailed in ^thestaff report for this application,with the condition that the ; porch is consistent with the existing 'house in terms of design, colorand materials. Seconded'byE. Horne.Vote Yes NoH o r n e XM c G r a i n XAilingBurgess XOn a roll call vote (4-0), the variance was approved.

VI.. OLD BUSINESS

VII. PUBLIC COMMENT -'None

VIII. APPROVAL OFMINUTESA. Minutes of Regular Meeting held May 13, 2010

Board of Zoning Appeals Minutes May 13, 2010 Page l.


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MINUTES OF THE REGULAR MEETING'BOARD OF ZO NING APPEALSMa y 13, 2010.6:30 P:M.South Precinc t' Conf erence Room - 3400 S. Cedar Street

I . 'ROLL CALLThe meet ing was cal led to order by Chai rman Burgess at 6:30 p.m. Chai rman Burgess read theBZA int roduct ion. Rol l cal l was take n.'Present :B. Burgess G. Sw ix E. Horne G. H i l t s M. Ailing B. McGrainAbsent : A. Frederick M. Mayber ryStaff: S. S tachowiak H. StanleyA quorum of at least f ive members w as p res en t, al low ing vot ing act ion to be taken at the mee t ing.

I I APPROVAL OF AGENDAG. Swix m oved, seconded by B. McG rain to approve the agen da as prin ted.On a voice vote, the motion c arr ied 6-0.

I I I . .HEARINGSIACTION c f.) ie n 3A. BZA-3956.10, 230 Bing ha m Street .

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only use that could be established in the building by right is a duplex. There are already2 units on the upper level of the building. The entirebuilding is too large to be usedexclusively for 2 residential units. Since there are only 4-5 on-street parking spaces onthe site, and they are used for the 2 residential units, any use that would occupy the firstfloor of the building would need a parking variance. iMs. Stachowiak said that the childcare center that previously operated in the building was also granted a parking variance.Ms. Stachowiaksaid that overuse of on-street parking in residential neighborhoods canbecome a real problem. She said that the church will focus in outreach efforts on thesurrounding neighborhood so that most people can walk, rather than drive to the church.She said that the applicant is also in the process of securing an agreement from thechurch and the school to the north to accommodate parking. In addition, the church isg o i n g t o b e v e r y s m a l l a n d t h e r e f o r e , i t w i l l n o t dr a w m u ch v e h i c ul a r t r a ffi c.Dan Di l l ing er , 618 Lesl ie S t reet , stated that he is representing Blacksoil Church onb e h a l f o f Je r e m y D o w s e t t w h o i s i ll a t t h i s t im e . Mr. Dillinger said that the church hasbeen in the city for about 5 years, but they have not had a permanent home. They arelooking forward to having a permanent home and becoming more involved with thecommunity. He said that they rarely have more than 10 cars associated with the churchb e ca u s e m o s t o f th e i r p a r i s h i o n e r s l iv e i n t h e a r e a .Tom Poel , 526 :Pack Avenue, G r a n d R a p i ds , said that Blacksoil Church is very focusedon becoming a strong presence in the neighborhood. He said that a lot of theirparishioners live in the neighborhood and walk or bike to the church which greatlyreducing the traffic and parking burden on the neighborhood. Mr. Poel distributed anemail from Pilgrim Congregational Church, located one block to the north, approving theu s e o f t h e i r p a r k i n g l o t o n S a t ur da y e v e n i n g s f o r a ' period of six months.M r . S w i x a s k e d M r . Po e l if th e c h u r ch w i ll be b u y i n g o r l e a s i n g t h e b ui ld in g .' M r. P o e l s a i d t h a t t h e y w i ll be b u y i n g t h e p r o p e r t y .Joan Ne lson , 217 Rosam ond S t reet , spoke in favor of the request. Ms. Nelson said

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M s . H o r n e s a i d t h a t th e r e h a v e b e e n p r o b le m s w i th o n - s tr e e t p a r k i n g a r o u n d S t . C a s i m e rCatholic Church. She said that vehicles block driveways and clog up the streets withtraffic and at times is has been a real problem in the neighborhood. Ms. Horne said thatshe is sure that the church is doing good work in the neighborhood but feels that theo r d i n a n c e r e q u ir e m e n t s s h o u l d b e u p h e l d.M r . P o e t s t a te d t h a t M s . S t a c h o w i a k h a s b e e n v e r y h e l p f ul th r o u g h o u t t h i s p r o c e s s .

B. McGrain moved to approve BZA-3956.10 for variances to the street designation, lot size andparking requirements . to permit a church at 23 0 'Bingham street, on a finding that the variances willbe consistent with the practical difficulty criteria of Section 1244.06 (c) and the impact criteria ofSection 1244.06 (e), as detailed in the staff report for this application. Seconded by G . `Swix.Vote Ye s NoHorne XM c G r a i n XHilts XAiling XS wix XBurgess XOn a roll call vote (6-0), the variance w a s a p p r o v e d.

VI. OLD BUSINESSA. Rules of Procedure - No action

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IX. NEW BUS INES SA. E l ec t i o n o f C h a ir m a n a n d V ic e - Ch a i r m a n

M r . B u rg e s s s t a t e d th a t h e i s w i ll in g t o c o n t i n ue s e r v in g a s c h a i r m a n .G. Swix moved, seconded by E. Horne to nominate Bud Burgess for chairman andto close .the nominations and move for a unanimous ballot. On a voice vote (6-0),t h e m o t io n c a r r i e d u n a n i m o u s l y .G. Swix moved, seconded by B.;McGrain to nominate Grant Hilts for vice-chairmanand to close the nominations and move for a unanimous ballot. On a voice vote (6-'0 ), t h e m o t i o n c a r r i ed u n a n i m o u s l y .

X. ADJOURNMENT AT 7:10 P.M.

Res pe c t fu ll y s u b mi t te d ,

Susan Stachowiak, Zoning Administrator

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MINUTES , OFTHEREGULAR MEETINGBOARD OF Z ONI NG AP P EALSAp ri l '8,.2010 6:30 P:M.S outh P rec i n c t Confe ren ce ' Room - 3400 S . Cedar S t ree t

ROLL CALLThe meeting was called to order by ChairmanBurgess at 6:30 p.m. Chairman Burgess read theBZA introduction. Roll call was taken.Present :B . B ur g e ss G . S w i x E . H o r n e A . F red er ick G. Hil tsAbsent: M . M a y b e r r y M. Ai l ing B.McGrainStaff: S . S t a ch o w i a k H. S t a n l e yA quorum of at least five members was present, allowing voting action to be taken at the meeting.

I I APPROVAL OF AGENDAA. Frederick moved, seconded by G. Hilts to approve the agenda with the" e x c u s e d a b s e n c e s " u n d er n e w b u s i n e s s .On a vo i ce vo te , the m o t ion c a r r i ed 5 -0 .

III. HEARINGS/ACTION



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Mr.Burgess asked if anyone else wished to address the Board. Seeing none, the Boardm o v e d in t o t h e C o m m i t te e o f t h e W h o l e .Ms. Horne stated that staff has adequately described the :practical difficulty. She saidthat she can support the variance since it is just relocating an existing sign and the:p r o p o s e d l o c a ti o n i s c o n s i s t e n t w i t h t h e s e t ba c k o f o t h e r s i g n s i n t h e a r e a .

E. Horne =m oved to app r ove BZA-3954 .10 ,a va r i a nc e o f 7 f eet , 4 i nc hes to the se tb a ck requ i rem entfor a ground -sign at 5701 S. Pennsylvania Avenue, on a finding that the variance would beconsistent with the practical difficulty criteria of Section 1244.06 (c) and -the impact criteria ofSect ion 1244 .06 (e), as detailed in the staff repor t : for - th is application. Seconded by G. Hilts.VO TE YEA NAYHilts XFreder i ck XHome XS wix XBurgess XMot ion c a r r i ed b y a vo te o f 5 -0 .

-BZA-3955..10, 829 N. Foster Aven u eT h i s i s a r e q ue s t by A d a m D a n i e l . Atkinson for a variance from the height requirement fora f r o n t y a r d fe n c e a t 8 29 N . - Fo s t e r A v e n u e . T h e a p p l ic a n t i s p r o p o s i n g t o c o n s t r u c t a s i x(6) foot high privacy fence in his E. Grand River Avenue front yard. Section1 29 2. 03 (a ) (1 ) o f t h e Z o n i n g C o d e s t a t e s t h a t n o fe n c e s h a l l e xc e e d a h e i g h t o f th r e e ( 3)feet within a front yard. Therefore, a variance of three (3) feet to the height limit fora



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Officer Adam Atkinson, 829 N. Foster Avenue, spoke in favor of his request. He saidthat he has been accepted to the police K-9 unit and the purpose of the fence is toprovide a safe and secure area to.exercise and train the.K-9 dog. 'Mr. Atkinson said thata 3 foot high

Documents

Lansing (MI) City Council info packet for Dec. 20, 2010 meeting