Three parcels along Stadium Drive in Oshtemo have been sitting empty since structures were demolished in 2021. A developer wants to build 51 single-family homes on that land. The township's Zoning Board of Appeals said no, at least for now.

The board voted Monday to deny a variance request from Michigan Housing Partnership LLC, operating as Alan Edwin Homes, after more than 40 minutes of divided deliberation. The denial does not permanently kill the project, but it means the developer must either acquire more land or wait for changes to the township's zoning code.

One acre made the difference

The proposal calls for a Planned Unit Development, or PUD, on three parcels that total approximately nine acres along Stadium Drive in Oshtemo's village center area. The township's zoning ordinance requires a minimum of 10 acres for a PUD.

A PUD is a zoning tool that allows developers to bypass standard rules for lot size, setbacks, and density. In exchange, the project goes through a more intensive review process with multiple layers of public and staff scrutiny. Because that flexibility is significant, Oshtemo's ordinance sets the 10-acre floor to ensure only large enough projects qualify.

That one-acre shortfall is why the developer appeared before the Zoning Board of Appeals instead of the Planning Commission, where a project meeting the size requirement would normally begin.

A board split on what its job is

Board members disagreed on how to approach the request.

One member argued that the ZBA's role was narrow. The question was whether a one-acre deviation warranted a variance, not whether the project itself was good or bad. The Planning Commission and Township Board would still evaluate the design in two separate future reviews. Denying the variance, in that view, simply added a roadblock before the actual assessment began.

Other members were not comfortable with that reasoning. They noted that a PUD, once approved, effectively governs development in place of the underlying zoning. Granting a variance to enter that process without knowing much about the plan felt premature to them.

A PUD is different from a standard zoning request. Once a plan is approved, it effectively governs development in place of the underlying zoning. Granting a variance to get into that process without knowing much about the plan feels like giving a green light without knowing where the road goes.

Township zoning staff added a significant note to the record. Staff could find no prior case in Oshtemo Township where the ZBA had granted a variance from the minimum PUD development size. The decision could set precedent, according to staff.

The comprehensive plan adds another layer

The timing of the request created additional tension. Oshtemo Township adopted its 2045 Comprehensive Plan just last week. Implementation of the plan is expected to include zoning ordinance amendments, potentially including a reduction in the minimum PUD size.

Staff told the board that if those changes go through, a project like this one might not need a variance at all in a year or two.

That context cut both ways during the discussion. One member said it was a reason to wait for the ordinance updates. Another saw it differently. The project still needs to go through multiple reviews, and the planning process could address the outstanding design questions the board was worried about.

In the end, the more cautious view prevailed. A motion to approve failed. A subsequent motion to deny passed.

What the developer proposed

Alan Edwin Homes is one of the nation's top 100 residential home builders, according to its own website, and is based in Portage, Michigan. The company builds RESNET Energy Smart single-family homes throughout the region and specializes in workforce housing for residents earning between 80% and 120% of the area median income.

The concept plan presented to the board was described by the developer as early and preliminary. The proposal includes a mix of 2-, 3-, and 4-bedroom homes. Some would have rear-loaded garages, some front-loaded. Some would be two stories, some ranches. The smallest homes would start at a minimum of 1,000 square feet each.

The developer told the board that the full design would go through engineering and staff review before ever reaching the Planning Commission for a formal public hearing.

What happens next

The denial does not permanently close the door. The developer could reapply if they acquire additional property to meet the 10-acre minimum, or wait for the ordinance amendments that may lower the threshold.

The parcels are not going anywhere. They have been largely vacant since 2021.

One resident who spoke during public comment put the underlying tension plainly. The property has been sitting empty for years. A former township planner had talked about wanting more housing near the village center. A project that could deliver 51 homes is, on its face, the kind of thing the comprehensive plan is calling for.

The ZBA's job was not to evaluate that broader question. Their job was to evaluate whether one acre of missing acreage warranted a variance. They decided it did not, at least not yet, and not without more to look at.

The Stadium Drive PUD variance discussion covers roughly 40 minutes of the Oshtemo Township Zoning Board of Appeals meeting from Monday.