Kalamazoo ZBA vote fails to reopen West Michigan Avenue variance; original approval stands

The City of Kalamazoo Zoning Board of Appeals on March 13 voted 3-3 against reopening its recent approval of a dimensional variance for a West Michigan Avenue housing project, leaving the earlier 4-2 approval in force.

The motion to reconsider was made by board member Miss Harrington and seconded by Chair Holler. Attorney comments and extended board debate followed. After roll-call, the motion failed with yes votes from McReynolds, Harrington and Holler and no votes from Wark, Vanden Humber and Hahn.

Board members spent more than 20 minutes debating whether the circumstances that led to the original vote constituted a procedural defect, a hastily made decision or a new factual basis for reconsideration. Attorney Baer (city attorney) and city staff member Pete explained the procedural standard: a motion to reconsider reopens the prior question for full rehearing only if the board determines the original action was hasty, ill-advised or procedurally defective. Baer summarized that the motion “proposes no specific change in the decision. It only proposes that the main motion be reopened.”

Miss Harrington said she initially supported the variance to help advance affordable housing but later concluded the request represented a “self-imposed restriction” and that granting the variance would set a precedent inconsistent with standards the board must apply. She told the board she would vote to keep the reconsideration motion alive so she could continue to oppose the underlying variance on final consideration.

Board member McReynolds, who voted to reopen, cited concerns about whether the findings met the variance criteria. Other members, including Chair Holler and long-serving members, stressed they must apply the board’s review criteria and noted differing views can reflect honest judgments rather than procedural error.

Attorney Baer and staff clarified that the motion to reconsider had been properly submitted in writing, seconded, and noticed in advance per the board’s rules of procedure and that Robert’s Rules of Order governs the mechanics of reopening a question. The board’s roll-call vote produced a 3-3 split; under the board’s rules a tie does not carry, so the motion failed and the earlier approval remains effective.

The board then moved on to the next agenda item. The transcript shows no further action on the West Michigan Avenue item at this meeting.

The decision leaves the prior finding and approval intact; the record in the minutes will reflect the failed motion to reconsider and the standing approval.