The village’s Board of Zoning Appeals (BZA) voted to uphold ‘cease and desist? letters from the village to CJ’s Sandbar to stop live music. The letters, written by Village Manager Paul Zelenak and Lake Orion Police Chief Jerry Narsh, ordered the establishment to stop the entertainment until owners obtain site plan and special use approvals.
The BZA made the unanimous decision at their lengthy August 6 meeting in front of a crowded and emotion-filled chamber room.
Zoning questions arose regarding the Sandbar’s status as a restaurant or tavern after years of noise complaints from Lloyd and Kathy Coe, owners of neighboring Ed’s Broadway Gift and Costume. The Coes maintain that the noise level of the Sandbar’s entertainment deterred renters from their upstairs apartments at 2 S. Broadway.
‘We understand that with any apartments in the downtown area there’s going to be a certain amount of noise,? said Lloyd in an earlier interview, ‘but this is just not right.?
Paul Bailey has been the Coes attorney for several months through this on-going issue.
‘Lloyd and Kathy are not trying to shut down CJs,? he said. ‘They want all of the businesses near them, next to them, to be successful. They have no axe to grind. It’s about the noise. It is a problem for the tenants ? they’ve lost tenants. There’s got to be an answer to this where both businesses can be successful ? that’s what we want.?
The decision to stop live entertainment at the Sandbar implies a determination of the establishment to be a bar and not a restaurant. As a bar, tavern or cocktail lounge, the Sandbar has to obtain approval from the village to offer music and entertainment. As a restaurant, however, it does not.
This is where Adam Cohen, the attorney representing the Sandbar and its owners, Carl and Joan Slomczenski, says the BZA made a grievous error.
‘They committed a plain error,? Cohen said. ‘Their decision presumes that they can recharacterize a use after it was granted five years ago. That is an error of law. I’m confident that we will obtain relief.?
According to village records, the Slomczenskis leased the building containing the Sandbar with the intention of expanding their restaurant, CJ’s Lakeside Grill. The previous village administration granted a change of use approval for the Slomczenskis to create what was then deemed a restaurant ? the Sandbar.
Now, however, the current administration and BZA view the Sandbar as a bar, tavern or cocktail lounge, thus requiring permission for live entertainment.
Slomczenskis and their attorney assert that their approval was for a restaurant, and, since they’ve operated in the same way as when their approval was granted, they should continue to abide by restaurant guidelines, regardless of what the new administration’s interpretation of their business is.
‘This issue isn’t whether, today, you walk in and subjectively it appears to be a bar or a restaurant,? said Cohen. ‘The issue is whether the business is being conducted as it was approved for in 2004. It’s unlawful to retrospectively look back and say ‘I think it’s a bar and they should get site plan approval.? I believe that it’s alarming that an unsubstantiated complaint by one person in the entire village has prompted a board of zoning appeals to divest a business owner of its approved rights and we’re going to get it fixed.?
According to Cohen, the Slomczenskis are awaiting written orders from the BZA before taking further action. Until then, the Sandbar will continue to offer live entertainment.