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CITY OF MUSKEGON
PLANNING COMMISSION
REGULAR MEETING
DATE OF MEETING: Thursday, December 14, 2023 at 4 pm
PLACE OF MEETING: Commission Chambers, First Floor, Muskegon City Hall
AGENDA
I. Roll Call
II. Approval of minutes from the meetings of November 16, 2023.
III. Old Business
IV. Public Hearings
A. Hearing, Case 2023-33: Request to rezone the property at 1993 Austin St from B-4, General
Business to R-2, Single-Family Medium Density Residential, by Derek Masterman.
B. Hearing, Case 2023-34: Staff initiated request to amend Section 401 of the zoning ordinance to
allow multi-family residential units in previously existing commercial buildings not already
converted to residential, as a special use permitted.
V. New Business
VI. Other
VII. Adjourn
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Ann Marie Meisch, MMC. City Clerk. 933 Terrace St. Muskegon, MI 49440. (231)724-6705. [email protected]
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Staff Report
December 14, 2023
Hearing, Case 2023-33: Request to rezone the property at 1993 Austin St from B-4, General Business to R-2,
Single-Family Medium Density Residential, by Derek Masterman.
SUMMARY
1. The property is zoned B-4, General Business. However, there is an occupied residential house on the
lot, which makes the building and use legally non-conforming. The parcel measures 15,360 sf
(formerly three parcels) and the house measures 1,000 sf.
2. The property is located along Keating Ave between the Medindorp Industrial Center and a business
corridor along Getty St.
3. The application has requested to rezone the property because he would like it to have the proper
zoning for the use and he also mentioned that he wanted accurate comparables for assessments.
4. Notice was sent to everyone within 300 feet of the property. At the time of this writing, staff did not
receive and comments.
1993 Austin St
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Zoning Map
Aerial Map
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STAFF RECOMMENDATION
Staff recommends approval of the rezoning request. The future land use map from the master plan depicts
this parcel as residential. Past efforts to allow for more intense uses in this area never materialized and there
does not appear to be any demand for commercial/industrial uses here. The parcel is actually three former
residential lots combined together. Rezoning the lot to R-2 would allow it to be split into three residential lots
if the owner chose to, which could assist in addressing the current housing crisis.
Future Land Use Map
DELIBERATION
The following proposed motion is offered for consideration:
I move that the request to rezone the property at 1993 Austin St from B-4, General Business to R-2, Single-
Family Medium Density Residential be recommended to the City Commission for approval.
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Hearing, Case 2023-34: Staff initiated request to amend Section 401 of the zoning ordinance to allow multi-
family residential units in previously existing commercial buildings not already converted to residential, as a
special use permitted.
SUMMARY
1. Many neighborhoods, especially those in close proximity to downtown, have small commercial
buildings located within residential blocks. These may be retail buildings or small mixed-use
buildings, but are often times zoned for single-family residential. There is a clause in the zoning
ordinance that allows certain business uses in these buildings with the issuance of a special use
permit.
2. Most of these buildings were constructed when commercial businesses were more popular within
neighborhoods. Residents still request for a return of these commercial businesses, but the
establishment of large business corridors and internet commerce make it difficult to find success at
these locations. The current housing crisis also suggests that there may better uses for these existing
assets. In the recent past, the Planning Commission has allowed for additional residential units at
these buildings with the issuance of a special use permit. This ordinance amendment request would
codify standards to approve such requests.
3. Ultimately, staff encourages these types of buildings zoned Form Based Code, which would allow
flexibility for multi-family housing and small commercial businesses as a use by right. However, if
these neighborhoods are going to continue to be zoned for single family housing, we must amend the
zoning ordinance to allow for flexibility of uses at these types of buildings.
Former commercial buildings on Beidler St in the Nims Neighborhood.
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Zoning Ordinance Excerpt
Special Uses Permitted in Single-Family Residential Districts:
Proposed Amendment
Addition of 6.b.1-3
6.b Multi-family housing with the following conditions:
1) Minimum unit sizes must be met.
2) No more than six residential units total (in addition to a single commercial unit).
3) There must be at least one parking space per unit on site. This requirement may be waived with the
establishment of a shared parking agreement within 1,000 feet of the property or if the applicant can
demonstrate an over capacity of street parking within 1,000 feet of the property.
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Special Use Permit Requirements
In addition to any extra standards required for a special use permit, they all must meet the following
standards listed below:
DELIBERATION
The following proposed motion is offered for consideration:
I move that the request to amend Section 401 of the zoning ordinance to allow multi-family residential units
in previously existing commercial buildings not already converted to residential be recommended to the City
Commission for approval as proposed.
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