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Zoning Board grants use variance letting Lorraine Preparatory High School remain at 2702 Elyria Ave
Summary
The Zoning Board of Appeals approved a use variance for Lorraine Preparatory High School (Excel Schools) to continue operating at 2702 Elyria Avenue despite the property's B2 zoning. The board also held a density-variance item in abeyance and accepted the withdrawal of a side-yard variance application.
The City of Lorraine Zoning Board of Appeals voted to approve a use variance allowing Lorraine Preparatory High School, operated by Excel Schools, to continue operating at 2702 Elyria Avenue in a B2 business district.
Greg Peltz, attorney for the applicant, told the board the property has been used as a school and church for decades and that his client purchased the building in August 2021 to operate a charter school. Peltz said his client relied on a zoning verification e-mail from city planning staff (dated 04/20/2021) during the property's due diligence and again during refinancing. "We received a zoning report that green lit us in essence for the project and said that our operation as a school, would be in compliance in zoning," Peltz said.
Planning and Zoning Administrator told the board that although a prior zone-verification letter exists, the city changed its zoning code effective January 2021 and K–12 schools are not a permitted or conditional use in the B2 district. The administrator said the existing operation did not qualify as a legal nonconforming use and that a variance is the correct procedural route: "If it's not legal at the time, it doesn't automatically turn into a grandfathered in or illegal non conforming. It was illegal then. It's illegal now as far as a use and as far as schools there are conditional uses in our residential district and conditional use requirements that need to be met in our residential districts for k through 12 schools. Schools are not a permitted use in the B 2 district in the city of Lorraine," the administrator said.
During public comment, Mary Spingalski, city council member at-large, said she and neighbors generally support the school's continued use of the property and asked about enrollment. When asked for current student numbers, staff replied that 108 students were listed. Spingalski also raised concerns about a nearby homeless shelter and said problems associated with the shelter were separate from the school but relevant to neighborhood context.
Board members moved to approve the use variance. The motion carried by voice vote with one abstention; Chairman Reykahiu announced earlier in the hearing that he would abstain because of a conflict. The roll call at the start of the session identified seven members present; the board recorded the final vote as six in favor, zero opposed and one abstention.
Other business handled by the board that morning included: - Approval of the January public-hearing and zoning meeting minutes with an amendment noting that Henry Patterson was not present for the January 2 meeting (motion carried; voice vote with one abstention). - BA45-2024 (density variance for 138 units at 3301 Meister Road, applicant Rangemax Properties LTD) was held in abeyance at the applicant's request. - VA03-2024 (variance of 2.5 feet from a required side yard setback at 6171 Christina Run, applicants Drew and Michelle Diamond) was withdrawn by the applicant and receipt of the withdrawal was filed.
The board closed the item and wished the applicant luck as the variance moves to any required next steps.
