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Zoning problems leave MSU fraternity homeless

August 6, 2008

A property zoning issue at the house that the Alpha Epsilon Pi fraternity is leasing has left its members homeless and holding the lease to an uninhabitable building.

Alpha Epsilon Pi is leasing the house at 1148 E. Grand River Ave. from the Beta Tau Alumni Corporation. The house was previously occupied by the Beta Theta Pi fraternity.

Alpha Epsilon Pi signed a lease which stated they could move in Aug. 1, but renovations to the house were not completed in time, said Scott Gordon, the fraternity’s president.

Renovations are now almost completed, but the property needs to be rezoned before the fraternity can move in, he said.

In addition, Gordon said, the president of the Beta Tau Alumni Corporation has attempted to sell the house to the Community Resource Management Co., or CRMC, East Lansing’s second-largest real estate company, despite the fact that his fraternity said they were already leasing the house.

Now, Gordon said, an injunction has been filed by another member of the Beta Tau Alumni Corporation to keep the sale from happening.

In the meantime, the property needs to be approved for occupation before fraternity members can move in, Gordon said.

“Obviously, we’re upset with the Betas for not getting things done in a timely manner, but at this point, everything is complete and it’s up to the city to get the paperwork complete,” he said. “There’s 35 people that need a place to live.”

When the city began planning for East Village, the property at 1148 E. Grand River Ave. was redistricted, and the house no longer meets the district’s regulations.

According to city code, “if any nonconforming building ceases to be used for any reason for a continuous period of more than one year, then any future use of the land and any building or improvements upon it shall be in conformity with the regulations of this district.”

The house had been vacant since December 2006, when an inspector declared it uninhabitable due to extensive disrepair.

During the time it was empty, the rental license for the property expired and was not renewed for about two years, which caused the house to be deemed abandoned. As a result, it was subject to the area’s new zoning code.

“That would prevent them from using it as they have leased to these people,” said Darcy Schmitt, East Lansing’s planning and zoning administrator.

But James Rasor, attorney for Beta Tau Alumni Corporation, said the house had not been abandoned, as they had installed fire and burglar alarms and were paying bills and taxes for the property.

Now, in order for the members of Alpha Epsilon Pi to move into the building, the ruling of abandonment must be overturned, or any future use of the house would require at least 50 percent of first floor space to be used for retail, according to the East Village zoning code.

A meeting was scheduled Wednesday night to decide whether the ruling should stand, but because the board did not have enough members present to vote, no action was taken. The board’s next meeting is scheduled for Sept. 3.

At least four members of the six-person board are needed to establish a voting quorum. Three of them were unable to attend, Gordon said.

Ron Springer, a community development analyst for East Lansing, said he would meet with East Lansing staff first thing Thursday morning to see if earlier action could be taken.

Even if the ruling is overturned, the building must acquire an occupancy permit from the city’s housing commission and a housing license from the East Lansing City Council before it can be used as a residence again, Schmitt said.

In the meantime, about 35 members of Alpha Epsilon Pi must find other living arrangements. Five of them are currently living in a hotel, Gordon said.

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“All things aside, I don’t have a place to live,” said marketing sophomore Dirk Roberts.

Jake Feldman, a supply chain management junior, said the house is important for the fraternity’s official activities, too.

“We won’t have Rush, we won’t have a central meeting place for all of us, we won’t have social events,” he said. “We have no place to go.”

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