EAST LANSING — A Minnesota developer is asking an Ingham County judge to reverse a decision by the city council rejecting plans for a $90 million, 10-story mixed-use development that would include about 200 apartments for Michigan State University students
Councilmembers voted 4-1, with Steve Whelan casting the no vote, against a 530 Albert Ave. site plan request from Twin Cities-based Cody Dietrich of Tareen Development Partners and TDP Acquisitions LLC during council's July 21 session. Dietrich had removed three stories and on-site parking from a preceding 13-story proposal, which he pulled from consideration after council members raised concerns.
The lack of parking for downtown visitors was a key concern for many councilmembers, as the project site, 530 Albert Ave., is currently an 86-space parking lot.
"I appreciate many things about the project, but, in the end, I think that I am concerned that we have locally-owned independent businesses in our downtown that we would like to keep there," Mayor Erik Altmann said at the July 21 session. "They have represented that they need parking to maintain their business, and I am certainly not going to second guess them."
Dietrich's LLC filed a claim of appeal in Ingham County Circuit Court on Aug. 12 against the city, stating the project proposed did "not require site plan approval" and "as such, the City's site plan review in this case was unnecessary and contrary to law."
TDP Acquisitions is asking Judge Rosemarie Aquilina to reverse the council's decision, approve its proposed use and site plan and award monetary damages to cover costs and attorney fees "and further relief as the Court may deem equitable and just."
"The submitted site plan complied with all standards and requirements for development and all other required conditions under the City's Zoning Code," the lawsuit reads. "The City Council's decision is arbitrary and capricious, and, therefore, denies TDP its due process and equal protection rights."
Dietrich declined to comment about his appeal, as did Altmann.
"I can't comment on pending litigation," the mayor said in a text message.
East Lansing Communications Director Carrie Sampson and City Attorney Steven Joppich did not respond to requests for comment. Dietrich's attorney, Kevin Roragen of Foster, Swift, Collins & Smith in Lansing, declined to comment.
No hearings have been scheduled yet for the case, according to online court records.
For Dietrich's 13-story proposal, he was going to remove a surface parking lot with 86 parking spaces, while assuring 83 parking stalls on two levels of parking for downtown visitors. Those parking spaces would have been for public use, and residents would have had to purchase parking passes for offsite ramps or commuter lots.
The 10-story proposal that the council rejected had no parking stalls as part of the development.
In April, city council was scheduled to vote on a special use request so that Dietrich could build more than eight stories. No vote happened because Dietrich wanted to submit new designs.
Contact editor Susan Vela at [email protected] or 248-873-7044. Follow her on Twitter @susanvela.
This article originally appeared on Lansing State Journal: Developer sues East Lansing over rejection for 10-story building