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CITY OF MUSKEGON
PLANNING COMMISSION
REGULAR MEETING
DATE OF MEETING: Thursday, November 10, 2016
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 regular meeting of October 13, 2016.
III. Public Hearings
Hearing, Case 2016-16: Request for a special land use permit to expand a nonconforming use no
more than 25% at 609 W Muskegon Ave, by adding a detached garage.
IV. New Business
Case 2016-17: Staff-initiated request to revoke the special land use permit for an auto dealership at
1272/1308 S Getty St.
V. Old Business
VI. Other
Downtown Residential Zoning Update
VII. Adjourn
AMERICAN DISABILITY ACT POLICY FOR ACCESS TO OPEN MEETING OF THE
CITY COMMISSION AND ANY OF ITS COMMITTEES OR SUBCOMMITTEES
The City of Muskegon will provide necessary reasonable auxiliary aids and services, such as signers for the hearing impaired and audio tapes
of printed materials being considered at the meeting, to individuals with disabilities who want to attend the meeting, upon twenty-four hour
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 Marie Cummings, 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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CITY OF MUSKEGON
PLANNING COMMISSION
REGULAR MEETING
MINUTES
October 13, 2016
Chairman T. Michalski called the meeting to order at 4:00 p.m. and roll was taken.
MEMBERS PRESENT: T. Michalski, B. Mazade, J. Montgomery-Keast, F. Peterson, S. Gawron, J. Doyle
MEMBERS ABSENT: Excused: B. Smith, B. Larson, E. Hood
STAFF PRESENT: M. Franzak, D. Renkenberger
OTHERS PRESENT: D. Mosher, 2515 Pine Grove; C. Drake, 1309 Randolph
APPROVAL OF MINUTES
A motion that the minutes of the regular meeting of September 15, 2016 be approved was made by J.
Montgomery-Keast, supported by F. Peterson and unanimously approved.
NEW BUSINESS
Hearing, Case 2016-14: Request for a special land use permit to expand a nonconforming structure not more
than 30% at 2515 Pine Grove St. M. Franzak presented the staff report. The property is zoned R-1, Single
Family Residential. The lot measures 61’ x 98’ and is considered a buildable lot. However, the structure is
considered non-conforming because it does not meet the 30-foot rear setback requirement. The garage is
considered the rear of the building and is set back 6’6” from the property line. Non-conforming structures can be
expanded up to 30% with a special land use permit form the Planning Commission. The area that the applicant is
requesting to expand is located within the required 30-foot rear setback; therefore, a special use permit is
required. The applicant proposes to remove the breezeway and continue the east and west walls of the garage to
the south to connect to the house in order to make a two-stall garage. The applicant already started the demolition
of the building, which would normally cause issues since approval had not been granted and they had begun to
remove the non-conforming part of the structure. However, they do still have the northern wall of the garage
standing, so staff feels that they have not removed enough of the structure to cause a problem. The addition totals
98 feet, which is well under 30% of the existing structure. Notice letters were sent to properties within 300 feet of
this property. At the time of this writing, staff had received one call from a neighbor who is in favor of the
addition.
D. Mosher explained his project and stated that he hadn’t been aware that Planning Commission approval was
required before he could start. C. Drake was a neighbor and stated that he was in favor of the request.
A motion to close the public hearing was made by J. Montgomery-Keast, supported by F. Peterson and
unanimously approved.
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A motion that the Special Land Use Permit to expand the non-conforming structure at 2515 Pine Grove St no
more than 30% be approved as proposed, was made by J. Montgomery-Keast, supported by S. Gawron and
unanimously approved, with T. Michalski, B. Mazade, J. Montgomery-Keast, F. Peterson, S. Gawron, and J.
Doyle voting aye.
Hearing, Case 2016-15: Staff-initiated request to amend Article XI (B-2, Convenience & Comparison Business
District) of the zoning ordinance to change “private clubs, lodge halls, social & similar organizations” from a
principal use permitted to a special land use permitted. M. Franzak presented the staff report. A previous case
had uncovered a contradiction in the zoning ordinance. Private clubs, lodge halls and similar uses are currently
allowed as a use by right in B-2, Convenience & Comparison Business districts. However, they are only allowed
under a special use permit in B-4, General Business districts, which usually allows for more intense uses than B-2
districts. Also, the ordinance states that all principal uses permitted in B-2 districts are allowed as a use by right
in B-4 districts. This is contradictory since you must get a special use permit to operate a private club/lodge hall
in B-4 districts. Staff is proposing to amend the ordinance to allow private clubs/lodge halls as a special use
permitted in B-2 districts rather than a use by right. These types of uses can sometimes cause problems with
parking, noise and civil disturbances, so it would be in the City’s best interest to allow them as a special land use.
This would allow the Planning Commission to either set limitations on the use or revoke the permit in the event of
recurring problems at the location.
A motion to close the public hearing was made by S. Gawron, supported by J. Doyle and unanimously approved.
A motion that the proposed amendment to Section 1100 of the City of Muskegon Zoning Ordinance to allow
private clubs, lodge halls & similar uses as a special use permitted and not a principal use permitted in a B-2
district, be recommended to the City Commission for approval was made by J. Doyle, supported by S. Gawron
and unanimously approved, with T. Michalski, B. Mazade, J. Montgomery-Keast, F. Peterson, S. Gawron, and J.
Doyle voting aye
OLD BUSINESS
None
OTHER
The Mayor thanked M. Franzak and Planning Department intern J. Pesch for their work on a top-rated
presentation on Form Based Code zoning and parking given by the Mayor at a conference in California.
Revisions to lot size requirements – M. Franzak distributed a map showing undersized residential lots in the
downtown area. He explained some of the issues with the non-conforming lots and stated that he was working on
revisions to the zoning ordinance to reduce the lot size required for buildable lots. This would also require
revisions to minimum building sizes, setbacks and lot coverage. Proposed changes will be brought before the
Planning Commission once they are finalized.
There being no further business, the meeting was adjourned at 4:29 p.m.
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STAFF REPORT
November 10, 2016
Hearing, Case 2016-16: Request for a special land use permit to expand a nonconforming use no more than
25% at 609 W Muskegon Ave, by adding a detached garage
BACKGROUND
1. The property is zone R-1, Single Family Residential.
2. The lot measures 33’ x 135’ and is considered an unbuildable lot. Since there is already a house on
the property, it is considered a non-conforming use. A non-conforming use may be increased up to
25% with a special land use permit from the Planning Commission.
3. The house on the property is 2,540 sf, so they could request an addition of 635 sf. They are
requesting to add a detached garage that is only 480 sf.
4. Notice letters were sent to properties within 300 ft of this property. At the time of this writing, staff
has not received any calls on this matter.
609 W Muskegon Ave
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Back of 609 W Muskegon Ave
Zoning Map
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Aerial Map
MOTION FOR CONSIDERATION
I move that the Special Land Use Permit to expand the non-conforming use at 609 W Muskegon Ave no
more than 25% be (approved/denied) as proposed with the following conditions (if any):
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Case 2016-17: Staff initiated request to revoke the special land use permit for an auto dealership at
1272/1308 S Getty St.
BACKGROUND
1. After a public hearing on June 14, 2007, the owner of this property was issued a Special Use Permit
(SUP) to operate an auto sales dealership. However, the SUP was revoked on August 5, 2008 after
repeated violations including outdoor vehicle repairs and storage of junk cars, old tires and car parts.
2. After cleaning up the property, the owner applied for another SUP for auto sales at the February 14,
2013 Planning Commission meeting. The request was approved on the condition that there be no
outdoor storage of junk cars, car parts or tires.
3. The site has become filled with storage of junk cars, parts and tires again. Staff sent an infraction
notice letter on August 23 that we would be requesting to revoke the SUP if the property was not in
compliance in time for the November Planning Commission meeting. This was also the deadline to
remove the outdoor storage in order to avoid a civil infraction.
4. The owner has contacted staff and indicated that he now lives in Florida and is renting the building to
a mechanic. He does not wish to keep the SUP. He is working with his tenant to clean up the
property to avoid the ticket.
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DELIBERATION
I move that the Special Land Use Permit for auto sales at 1272/1308 Getty St be revoked.
OTHER BUSINESS
Please see the attachments on the downtown residential zoning update.
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