Planning Commission Packet 11-16-2017

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                                                       CITY OF MUSKEGON
                                                     PLANNING COMMISSION
                                                       REGULAR MEETING


DATE OF MEETING:                       Thursday, November 16, 2017
TIME OF MEETING:                       4:00 p.m.
PLACE OF MEETING:                      Commission Chambers, First Floor, Muskegon City Hall



                                                                    AGENDA

   I. Roll Call

  II. Approval of Minutes from the special meeting of October 12, 2017.

 III. Public Hearings
           a. Hearing, Case 2017-28: Request for a Special Land Use Permit to expand a non-conforming
              structure no more than 25% at 2054 Harding, by Hector Aguilera.
           b. Hearing, Case 2017-29: Request for a Special Land Use Permit to utilize the building at
              1275 Kenneth St as a 24-unit, multi-family residence with shared kitchen and dining facilities.
           c. Hearing, Case 2017-30: Request to amend the zoning ordinance by adopting a local critical
              dune ordinance, per Public Act 451 of 1991, the Natural Resources and Environmental
              Protection Act.

 IV. New Business

  V. Old Business

 VI. Other

           a. Imagine Muskegon Lake update

 VII. Adjourn


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                             CITY COMMISSION AND ANY OF ITS COMMITTEES OR SUBCOMMITTEES

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        notice to the City of Muskegon. Individuals with disabilities requiring auxiliary aids or services should contact the City of Muskegon by
                                                              writing or calling the following:

                                                             Ann Meisch, City Clerk
                                                                933 Terrace Street
                                                              Muskegon, MI 49440
                                                                 (231) 724-6705
                                       TTY/TDD: Dial 7-1-1 and request that a representative dial 231-724-6705




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                                           STAFF REPORT
                                        NOVEMBER 16, 2017

Hearing, Case 2017-28: Request for a Special Land Use Permit to expand a non-conforming structure no
more than 30% at 2054 Harding, by Hector Aguilera

SUMMARY
   1. The property is zoned R-1, Single Family Low-Density Residential. It measures 68’ x 130,’making it
      a buildable lot.
   2. The home on the property is considered a legally non-conforming structure because it only has a
      three-foot setback on the side (west) property line. A one story home is required to have a six-foot
      side setback.
   3. The property owner would like the addition to match up with the current setbacks, so the Special
      Land Use Permit is required. If the addition were to have a six-foot side setback, the Special Land
      Use Permit would not be required. Please see the enclosed site plan.
   4. A non-conforming structure may be enlarged up to 30% with the issuance of a Special Land Use
      Permit. The current home measures 1,225 sf and the proposed addition measures 366 sf, which
      equals 30% of the existing home.
   5. Notice was sent to all property owners/tenants within 300 feet of this property. At the time of this
      writing, staff has received one comment from the adjacent neighbor, Denise Hines, at 2064 Harding
      Ave. She is not in favor because she does not want the addition within the required setback for
      gardening purposes.
                                          2054 Harding Ave.




                            2054 Harding Ave with 2064 Harding in view.




                                                    2
                                                Aerial Map




STAFF RECOMMENDATION

Staff recommends approval of the Special Land Use Permit, as it meets all of the site plan requirements.


MOTION FOR CONSIDERATION
I move that the request for a Special Land Use Permit for the addition to 2054 Harding Ave, as proposed, be
(approve/denied) with the following conditions (if any):




                                                      3
Hearing, Case 2017-29: Request for a Special Land Use Permit to utilize the building at 1275 Kenneth St
as a 24-unit, multi-family residence with shared kitchen and dining facilities, by Safe Haven Living Facility
of Muskegon, LLC.

SUMMARY
   1. This property was most recently used by Family Promise of the Lakeshore as offices, a day center,
      four apartment units and child care services. They received a Special Land Use Permit for this use on
      August 15, 2013. This use is no longer active at this site. The Special Land Use Permit cannot be
      transferred because it is a different type of use.
   2. The new proposed use is to house veterans, seniors and fixed income individuals with semi-furnished
      rooms. There will be 24 single unit rooms with shared shower/bathroom, kitchen and common area.
      This property is zoned RM-1, Low Density Multiple Family Residential, so multi-family apartments
      are allowed. However, the rooms do not meet the minimum dwelling unit size and this is a use that
      has never been approved at this site, so a Special Land Use Permit is required. It is similar to an
      Adult Foster Care large Group Home, which is also allowed as a Special Land Use Permitted in this
      district. The minimum size for a one bedroom apartment is 650 sf, however, these units are not very
      comparable to a traditional apartment unit, as they are considered bedrooms with common spaces
      throughout the building.
   3. There are 12 parking spaces available on site. The zoning ordinance requires two cars per unit;
      however, this use is different than most multi-family uses. There will only be one person in each unit
      and the applicant has stated that about 80% of their usual applicants do not have a car. Given this
      information, staff feels that there is more than enough parking on site.
   4. Notice was sent to all property owners/tenants within 300 feet of this property. At the time of this
      writing, staff received one call from Neva Jewett, at 1302 Williams St, who is in favor of the request.

                              1275 Kenneth St looking south from Catawba St.




                                                     4
                               1275 Kenneth St looking west from Kenneth St.




                                                   Aerial Map




STAFF RECOMMENDATION

Staff recommends approval of the proposed use, with the condition that parking be added if it becomes a
problem.

MOTION FOR CONSIDERATION
I move that the request to allow a 24-unit, multi-family residence with shared kitchen and dining facilities at
1275 Kenneth St be (approved/denied) with the following condition(s):

   1. The special use permit be revoked if any future parking needs are not addressed, either by adding
      more parking on site or through a shared parking agreement.

                                                      5
Hearing, Case 2017-30: Request to amend the zoning ordinance by adopting a local critical dune ordinance,
per Public Act 451 of 1994, the Natural Resources and Environmental Protection Act.


SUMMARY
   1. Critical Dunes in Michigan are regulated by the Michigan Department of Environmental Quality
      (MDEQ). Anyone doing work in a critical dune must first receive a permit from the MDEQ. These
      permits can take several months to get approved, so it often times slows down projects.
   2. Act 451 of 1994 allows local municipalities to enact their own critical dune ordinance and enforce it
      themselves. Staff has created the enclosed draft ordinance, which has been reviewed by the MDEQ.
   3. Staff plans to either enforce the ordinance in-house by doing our own inspections or possibly
      contracting with a private firm for inspections.
   4. Please see the enclose map that shows the locations of Critical Dunes in Muskegon.
   5. Please see the eclipsed proposed ordinance.


STAFF RECOMMENDATION

Staff recommends approval of the proposed ordinance.

MOTION FOR CONSIDERATION
I move that the request to amend section 2310 of the zoning ordinance to include a local critical dunes
ordinance, be recommended to the City Commission for (approval/denial).




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