More Events At The LivelyLands Property?

Fresh off the grand opening of the Lively NeighborFood Market last August, Jim and Kelly Lively will go before the Kasson Township Planning Commission tonight (Monday, February 17) for a public hearing regarding proposed expanded uses of their land in Empire. The Livelys are looking to diversify their business opportunities on the 19.2-acre commercial property, which already includes the market, a 40-site campground, and music festival grounds, and which will soon also add a restaurant.

The Livelys’ company, Lively Holdings, LLC, owns and operates the Lively NeighborFood Market and the neighboring Backyard Burdickville campground, soon to be rebranded as Lively Acres, and runs the annual LivelyLands music festlval. The LLC submitted an application to the Kasson Township Planning Commission in December, seeking “two permitted commercial uses” for the Empire property. One use, a restaurant, was already approved by the planning commission last month. The other, labeled broadly as “public and semi-public uses” in township zoning, would give the Livelys more freedom to host events on their land. The latter proposal is the subject of tonight’s public hearing.

The newly-approved restaurant concept will operate out of the same 4,000-square-foot pole barn that houses the NeighborFood Market. Per application materials, that space already has “a licensed commercial kitchen that is being used to provide prepared meals in the market.” The planning commission approved Lively Holdings to offer limited restaurant service to 20-24 patrons per day, citing health department guidance pertaining to the site’s “undersized” septic system.

“We plan to expand the septic system in 2026 to add public bathrooms and sufficient septic system capacity for an expanded restaurant, as well as campground showers,” the Livelys wrote in their application, noting that they intend to return to the planning commission at that time to expand restaurant operations.

The planning commission approved the restaurant application based on the recommendations of Zoning Administrator Tim Cypher, who said food service is a “permitted use” for the Livelys’ property, so long as they are abiding by health department requirements.

In terms of “proposed public and semi-public uses,” the application notes that the former owners of the land, the Fraternal Order of Eagles, historically hosted a range of different events on the premises, including circuses, haunted hayrides, injured eagle release events, and private functions like weddings and family reunions. The Livelys are seeking to host similar event types, both inside the pole barn and “in the two-acre backyard festival area,” where they are also currently allowed by a previous Special Use Permit to host up to three “large music events” per year. That two-acre area serves as the grounds for the the LivelyLands music festival.

“Our proposed outdoor public and semi-public uses could include cider pressing, Easter egg hunts, kite flying, Halloween activities such as hayrides and decorated campsites, sledding, a small hiking and skiing trail, guided star gazing under the dark sky, ice skating, disc golf, children’s playground, group bonfire, and yard games [like] corn hole, bocce, badminton, wiffle ball, volley ball, etc.,” the application states. “We also envision seated outdoor uses that would appeal to campground guests, tourists, as well as the local community including storytelling around a group campfire, and public presentations on history, ecology and local issues. It is possible that there could be some music as a part of these activities, but it would be an ancillary use.”

“The opportunity to host public and semi-public uses would allow us to use our 20-acre commercial property for outdoor community events,” Jim Lively tells the Leelanau Ticker. “It should be a simple permitted use application, as we're not actually planning to host commercial events; mostly free agri-tourism demonstrations and other non-commercial community events. But the township is requiring a public hearing because they are suggesting these could be construed as 'commercial' events, as they might benefit our market.”

Lively tried to argue the permitted use point with the planning commission last month – which, had he been successful, would have precluded the need for a public hearing under township zoning rules. While the planning commission ultimately greenlit the restaurant concept without a public hearing, though, commissioners opted to cover their bases by going the SUP route for the proposed public and semi-public uses. Tonight’s meeting calls for a full planning commission discussion and public comment session on the matter. The agenda also notes that the planning commission will consider a motion “to have staff complete findings of fact” on the Livelys’ application, to be reviewed at their next meeting, which means the application may not be settled this evening.

In his correspondence with planning commission, Lively has also asked for a modification to the existing Lively Holdings SUP, which was approved back in 2022. Beyond the three aforementioned large music events, Lively Holdings is currently barred by its SUP from having any other kind of "outdoor (or indoor) amplified music” on the premises. Lively has suggested this “blanket prohibition” is “overly restrictive, and likely illegal,” citing other nearby spots – like Myles Kimmerly Park, the Poor Farm, and Kasson Township Hall – that aren’t subject to the same music ban. Lively is asking the planning commission to modify or remove the music prohibition.

“My rationale for this request is that the music prohibition in our previous Special Use Permit is now in direct conflict with my request for both permitted uses - Restaurant and Public/Semi-public uses,” Lively wrote. “Both of those permitted uses could reasonably include incidental music as an accessory use, and there are several examples in the township of music occurring in community halls, public parks and restaurants. The music prohibition on my property inappropriately singles us out exclusively in a form of spot zoning that is not allowed.”

Opened last year, the Lively NeighborFood Market operates on a consignment model, stocking goods from nearby farms and giving 70 percent of sales right back to those farms. Per the Livelys' application materials, the market has already paid out more than $35,000 to local farms.