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CITY OF MUSKEGON
PLANNING COMMISSION
REGULAR MEETING
DATE OF MEETING: Wednesday, November 10, 2010
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 of the regular meeting of October 14.
III. PUBLIC HEARINGS
A. Hearing; Case 2010-38: Request for a Special Land Use Permit, per section 2203, #1 of
Article XXII of the Zoning Ordinance, to allow an expansion not exceeding 30% of a
nonconforming structure at 2990 Country Club Dr, by Ira Hite Builders, LLC.
B. Hearing; Case 2010-39: Request for a Special Land Use Permit, per section 401, #6 of
Article IV, to allow for a convenience store that offers beer and wine in an R-1, Single
Family Residential District at 248 Mason Ave, by Kimmie Kaur.
C. Hearing, Case 2010-40: Staff-initiated request to amend Section 2324 of Article XXIII
of the Zoning Ordinance to provide regulations on fencing as part of erosion control
measures.
IV. OLD BUSINESS
V. NEW BUSINESS
VI. OTHER
VII. Adjourn
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Muskegon, MI 49440
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Staff Report
CITY OF MUSKEGON
PLANNING COMMISSION
REGULAR MEETING
November 10, 2010
Case 2010- 38: Request for a Special Land Use Permit, per section 2203, #1 of Article XXII of
the Zoning Ordinance, to allow an expansion not exceeding 30% of a nonconforming structure at
2990 Country Club Dr, by Ira Hite Builders, LLC.
BACKGROUND
Applicant: Ira Hite Builders, LLC
Property Address/Location 2990 Country Club Dr
Request: Expansion Not Exceeding 30% of a Nonconforming
Structure
Present Land Use: Residential
Zoning: R-1, Single Family Residential
STAFF OBSERVATIONS
1. Zoning of the property is R-1, Single Family Residential, as are properties in all
directions.
2. The side setback on the west side of the home is just over five (5) feet, which makes this
structure nonconforming. The side setback in all R-1, Single Family Residential Districts
must be at least six (6) feet.
3. The home currently measures a total of 2,532 sqft.
4. The applicant is proposing a new 3 seasons room in the back and a new porch and stairs
in the front. Together, these projects would increase the structure by 676 sqft (27%).
5. The Planning Department has no outstanding issues with the site plan.
6. The Department of Public Works has no outstanding issues with this request.
7. The Engineering Department has no outstanding issues with this request.
8. The Fire Department has no outstanding issues with this request.
9. Staff has received no comments regarding this request.
Ordinance Excerpt:
SECTION 2203: NONCONFORMING STRUCTURES
Where a lawful structure exists at the effective date of adoption or amendment of this Ordinance
that could not be built under the terms of this Ordinance by reason of restrictions on area lot
coverage, height, yards, parking or other characteristics of the structure or its location on the lot,
such structure may be continued so along as it remains otherwise lawful, subject to the following
provisions:
1. No such structure may be enlarged or altered in a way which increases its nonconformity,
except when authorized by the Planning Commission, after Public Hearing as required
for Special Uses. The Planning Commission shall be authorized to determine the amount
of enlargement of any building or structure, consistent with the intent of this article. The
nonconforming structure may be changed to an extent not exceeding thirty percent (30%)
of the total floor area of the existing building at the time of enactment of the Ordinance
from which this chapter is derived, or at the time of its amendment making a structure
nonconforming.
2. No nonconforming building or structure shall be moved in whole or part to any other
location unless such building or structure and the off-street parking spaces, yard and other
open spaces provided, are made to conform to all the regulations of the district in which
such building or structure is to be located.
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3. Changes of tenancy, ownership or management of any existing nonconforming structures
may be made, provided that there is no change in the nature or character of the
nonconforming structure.
4. Repair and maintenance work may be performed as required to keep a nonconforming
building or structure in a sound condition.
5. In the event any nonconforming building or structure is damaged by fire, wind, civil
disobedience, or an Act Of God or the public enemy, it may be rebuilt or restored,
provided the cost of such structural alteration or structural repairs shall not exceed
seventy-five (75) percent of it’s replacement cost. The buildings or structures shall be
built in conformance with the requirement of the zoning district in which they are
located.
6. Once any nonconforming structure is removed from the property, its nonconforming
status has expired and it may not be replaced on the property.
STAFF RECOMMENDATION
The 1997 Master Plan Future Land Use Map identifies the property as “residential”. Based on
compliance with the 1997 Master Plan, staff recommends approval of the request.
MOTION FOR CONSIDERATION
I move that the special land use permit, per section 2203, (#1) of Article XXII of the Zoning
Ordinance, to allow an expansion of a nonconforming structure not exceeding 30% at 2990
Country Club Drive, by Ira Hite Builders, LLC, be (approved/denied/tabled), based on
(compliance/lack of compliance) with the City’s Master Land Use Plan and conditions set forth
in Section 2332 of the City of Muskegon Zoning Ordinance (based on the following conditions--
only if approved):
CONDITIONS
1. The owner shall permit the zoning administrator or other zoning staff in the premises at
reasonable times to review compliance with this permit.
2. The special land use permit shall become null and void within one year of the public hearing
if the use has not been established or there is a violation of conditions 1 & 2.
3. The Special Land Use permit document shall be recorded with the register of deeds.
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Hearing; Case 2010-39: Request for a Special Land Use Permit, per section 401, #6 of Article
IV, to allow for a convenience store that offers beer and wine in a R-1, Single Family Residential
District at 248 Mason Ave, by Kimmie Kaur.
Applicant: Kimmie Kaur
Property Address/Location: 248 Mason Avenue
Request: Special Land Use Permit
Present Land Use: Vacant Storefront
Zoning: R-1, Single Family Residential District
STAFF OBSERVATIONS
1. The building on this property is presently vacant, but has been used as a small grocery in
the past.
2. The applicant wishes to operate a convenience store that offers beer and wine. The
Zoning Ordinance gives the Planning Commission authority to regulate the sale of
alcohol by limiting the type of license the applicant may apply for, hours of operation and
“any other restrictions intended to stabilize, protect and encourage the residential
character of the area.”
3. According to the Zoning Ordinance “Previously existing or established commercial uses
not already converted to a residential use may be authorized under Special Permit” for
certain uses if the request meets the “intent of the neighborhood Limited Business Zone
(B-1)”
4. All the properties surrounding this site are zoned R-1.
6. The site plan submitted with the application shows adequate striped parking for the
building, as well as a dumpster that will be located on the pavement, which would need to
be screened.
8. Please see the attached list of people who called the Planning Department in opposition
of this proposed use.
Front of building on 5th St Rear parking lot
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Ordinance Excerpt:
SECTION 401: SPECIAL LAND USES PERMITTED [amended 2/02]
The following uses, and their accessory buildings and accessory uses, shall be permitted under
the purview of Section 2332 after review and approval of the use (and a site plan, if required) by
the Planning Commission, after Public Hearing, subject to the applicable conditions, and any
other reasonable conditions imposed by the Planning Commission:
1. Private recreational areas, and institutional recreational centers when not operated for
profit, and nonprofit swimming pool clubs, all subject to the following conditions:
[amended 2/02]
a. In those instances where the proposed site is not to be situated on a lot or lots of
record, the proposed site shall have one property line abutting a major
thoroughfare and the site shall be so planned as to provide ingress and egress
directly onto said major thoroughfare.
b. Front, side, and, rear yards shall be at least fifty (50) feet wide, except on those
sides adjacent to nonresidential districts, and shall be landscaped in trees, shrubs,
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grass, and terrace areas. All such landscaping shall be maintained in a healthy
condition. There shall be no parking or structures permitted in these yards, except
for required entrance drives and those walls and/or fences used to obscure the use
from abutting residential districts.
c. Buildings erected on the premises shall not exceed one (1) story or fourteen (14)
feet in height.
d. Whenever a swimming pool is constructed under this Ordinance, said pool area
shall be provided with a protective fence six (6) feet in height, and entry shall be
protected by means of a controlled gate or turnstile.
e. The off-street parking and general site layout and its relationship to all adjacent
lot lines shall be reviewed by the Planning Commission who may impose
reasonable restrictions or requirements so as to insure that contiguous residential
areas will be adequately protected.
2. Colleges, universities, and other such institutions of higher learning, public and private,
offering courses in general, technical, or religious education not operated for profit, all
subject to the following conditions:
a. Any use permitted herein shall be developed only on sites of at least five (5) acres
in area.
b. All ingress to and egress from said site shall be directly onto a major
thoroughfare.
c. No building other than a structure for residential purposes shall be closer than
seventy-five (75) feet to any property line.
3. Churches and other facilities normally incidental thereto subject to the following
conditions:
a. The site shall be so located as to provide for ingress and egress from said site
directly onto a major or secondary thoroughfare.
b. The principal buildings on the site shall be set back from abutting properties
zoned for residential use not less than thirty (30) feet.
c. Buildings of greater than the maximum height allowed in Section 2100, may be
allowed provided front, side, and rear yards are increased above the minimum
requirements by one (1) foot for each foot of building that exceeds the maximum
height allowed.
4. Elementary, intermediate, and/or secondary schools offering courses in general
education, provided such uses are set back thirty (30) feet from any lot in a residential
zone.
5. Cemeteries.
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6. Previously existing or established commercial uses not already converted to a residential
use may be authorized under Special Use Permit for the following [amended 12/99]:
a. Retail and/or service establishments meeting the intent of the neighborhood
Limited Business Zone (B-1) dealing directly with consumers including:
1) Any generally recognized retail business which supplies new commodities
on the premises for persons residing in adjacent residential areas such as:
groceries, meats, dairy products, baked goods or other foods, drugs,
drygoods, and notions or hardware.
2) Any personal service establishment which performs services on the
premises for persons residing in adjacent residential areas, such as: shoe
repair, drop-off dry cleaning shops, tailor shops, beauty parlors, barber
shops, dressmaker, tailor, pharmacist, or an establishment doing radio,
television, or home appliance repair, and similar establishments that
require a retail character no more objectionable than the aforementioned,
subject to the provision that no more than five (5) persons shall be
employed at any time in the sale, repair, or other processing of goods.
3) Professional offices of doctors, lawyers, dentists, chiropractors,
osteopaths, architects, engineers, accountants, and similar or allied
professions.
4) Restaurants, or other places serving food, except drive-in or drive-through
restaurants.
b. Prohibited uses: Activities specifically prohibited include repair or service of motor
vehicles and other large equipment; manufacturing processes which would
normally require industrial zoning; any activity which may become a nuisance
due to noise, unsightliness or odor; and any activity which may adversely affect
surrounding property.
c. Conditions: [amended 8/04]
1) Outdoor storage is prohibited.
2) The area devoted to approved uses shall not exceed 2,500 square feet.
3) All goods produced on the premises shall be sold at retail on the premises
where produced.
4) All business, servicing, or processing shall be conducted within a
completely enclosed building, or in an area specifically approved by the
Planning Commission.
5) Parking shall be accommodated on site or with limited street parking.
6) Hours of operation may be limited by the Planning Commission.
7) Signs must comply with those set forth for the residential zoning district.
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8) The Planning Commission may allow a use to sell alcohol, however the
Commission may limit the type of license applied for or obtained for the
sale of alcohol to an SDM, hours of operation, and any other restrictions
intended to stabilize, protect, and encourage the residential character of the
area. The use must gain approval from the Michigan Liquor Control
Commission before alcohol can be or sold.
7. Bed & Breakfast facilities, under the following conditions:
a. The home must be located in the Clay-Western or National Register Historic
District, as identified by the City of Muskegon Historic District Commission map.
b. The owner or operator of the tourist home shall live full-time on the premises.
c. No structural additions or enlargements shall be made to accommodate the tourist
home use and no exterior alterations to the structure shall be made which will
change the residential appearance of the structure.
d. Breakfast may be served on the premises, only for guests of the facility, and no
other meals shall be provided to guests.
e. No long-term rental of rooms for more than fourteen (14) consecutive days shall
be permitted. No guest may stay for more than twenty-eight (28) nights in any
given year.
f. There shall be a maximum of five (5) guestrooms. No more than two (2) adults
are permitted to stay in any guestroom.
g. Signage shall conform to that which is permitted for home occupation businesses
only.
h. Rental of the tourist home for special gatherings such as wedding receptions and
parties shall be prohibited.
i. The property shall meet all local and state code requirements regarding bed and
breakfast facilities.
8. Accessory buildings and accessory uses customarily incidental to any of the above
Special Land Uses Permitted.
9. Uses similar to the above Special Land Uses Permitted.
Standards for Special Uses [derived from Section 2332]
Emphasis provided
Prior to authorization of any Special Land Use, the Planning Commission shall:
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1. Give due regard to the nature of all adjacent uses and structures and the consistency with
the adjacent use and development.
2. Find that the proposed use or activity would not be offensive, or a nuisance, by reason of
increased traffic, noise, vibration, or light.
3. Adequate water and sewer infrastructure exists or will be constructed to service the
Special Land Use or activity.
4. The proposed site plan complies with section 2330 of the ordinance and has:
a. proper ingress and egress
b. sufficient parking areas, streets, roads and alleys
c. screening walls and/or fences
d. adequate fire and police protection
e. provisions for disposal of surface water run-off, sanitary sewage
f. adequate traffic control and maintenance services
g. preserves property values to related or adjoining properties.
MOTION FOR CONSIDERATION
I move that the request for Special Land Use Permit, per section 401 (#6) of Article IV of the
Zoning Ordinance, to allow for a convenience store that offers beer and wine, in an R-1 zoning
district at 248 Mason Avenue, by Kimmie Kaur, be (approved/denied/tabled), based on
(compliance/lack of compliance) with the City’s Master Land Use Plan and conditions set forth
in Section 2332 of the City of Muskegon Zoning Ordinance (based on the following
conditions—only if approved):
1. The applicant may only apply for a ____________ liquor license from the Michigan State
Liquor Control Commission.
2. Hours of operation shall be between _____a.m. and _____p.m.
3. The parking lot must be striped and the dumpster must be screened to meet the zoning
ordinance requirements.
4. The owner/applicant shall permit the zoning administrator or other zoning staff in the
premises at reasonable times to review compliance with this permit.
5. The Special Land Use Permit affidavit shall be recorded with the register of deeds prior to
beginning of operation.
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Hearing, Case 2010-40: Staff initiated request to amend Section 2324 (Temporary Buildings,
Structures and Uses) of Article XXIII (General Provisions) to provide regulations on fencing as
part of erosion control measurements.
BACKGROUND
1. There are many home owners, especially on Sherman Ave and Beach St, which use
temporary fencing to prevent sand from piling up in their yard. This has generally been
an accepted method of prevention by the City. However, it is not specifically allowed in
the Zoning Ordinance.
2. Staff has received several complaints regarding some home owners who have tried to use
these temporary fences to prevent leaves and/or snow from piling on their yard. This has
generally not been an accepted method of prevention by the City. However, there is
nothing in the Zoning Ordinance that allows these fences for sand, but against fences for
leaves and snow.
Ordinance Excerpt:
SECTION 2324: TEMPORARY BUILDINGS, STRUCTURES AND USES [amended
01/09]
Temporary uses, buildings and structures, not used for dwelling purposes, may be placed on a lot
or parcel and occupied only under the following conditions as authorized by the Zoning
Administrator.
1. Only the following temporary uses, buildings or structure are permitted:
a. Fire Damage: A temporary building or structure may be constructed during
renovation of a permanent building damaged by fire. The temporary building or
structure shall be removed within fifteen (15) days after the repair of fire damage
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is complete. Permits issued under this section shall be for a one hundred and
eighty (180) day duration.
b. New Construction: Temporary buildings and structures incidental to construction
work, except those related to construction of single-family dwellings, may be
placed on the developing tract or parcel during construction. No cooking
accommodations shall be maintained. Said temporary buildings shall be removed
within fifteen (15) days after construction is complete. The structure shall not be
allowed more than twelve (12) months, unless expressly authorized after petition
to the Zoning Administrator.
c. Temporary Classrooms: Up to four temporary classrooms may be permitted for
private schools with expansion needs. Said classrooms shall meet local codes and
ordinances. Said buildings shall be removed within fifteen (15) days after
construction of any permanent structure intended for expansion purposes is
complete. The temporary classrooms shall not be allowed more than eighteen
(18) months, unless expressly authorized after petition to the Zoning
Administrator.
d. Temporary Real Estate Offices: Temporary Real Estate Offices are permitted
within approved development projects. No cooking accommodations shall be
maintained. The office shall be removed upon completion of the development of
the subdivision. The office shall not be allowed for more than one (1) year,
unless expressly authorized after petition to the Zoning Administrator. A model
home may be used as a temporary sales office.
e. Outdoor Christmas Tree/Fireworks Sales: The outdoor display and sale of
Christmas trees and fireworks is permitted outside residential zoning districts.
The display and sale of trees or fireworks on an open lot shall be allowed for a
period not to exceed forty-five (45) days. No fresh cut tree sales shall be
conducted from within a building. All unsold trees must be removed from the
property by December 31st of each calendar year. All unsold fireworks must be
removed from the property by July 10th of each calendar year. Outdoor fireworks
sales will be conducted pursuant to the Fire Code.
f. Special Events: Temporary uses associated with bona fide special events
(associated with a non-profit organization and/or approved through the City’s
Special Events approval procedure) may be allowed by the Zoning Administrator
during the tenure of the special event only, and must be restricted to the
property(ies) where the event is taking place. Such temporary uses may include
food vendors, event offices, dressing rooms, carnival-type games, midways, t-
shirt or souvenir sales, art/craft fairs, or other similar uses. Such uses shall be
regulated by the City’s Special Events procedure.
g. Movie Production: Temporary buildings which are part of a movie production
project are allowed. All conditions of the City’s “Film & Music Events Policy”
must be met before the temporary buildings are put in place. The buildings must
be removed from the site within fifteen (15) days of the completion of the project.
Maximum time allowed shall be approved by the Zoning Administrator on a case
by case basis.
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2. Performance Guarantee: The Zoning Administrator may require a performance guarantee
pursuant to Section 2325 in an amount equal to the estimated cost of removing any
temporary structure permitted.
a. The applicant shall sign an affidavit holding the City harmless against any claim
for damages if the City were to use the performance guarantee to remove the
temporary structure after its authorized period had expired. Further, the
applicant shall consent in writing to special assessment of any city expenditure in
excess of the performance guarantee or deposit to complete removal or cure.
b. In the event that a temporary structure is not removed by a permit holder at the
end of the permit period the City may use the performance guarantee to remove
the temporary structure once the permit has expired.
c. If the applicant removes the temporary structure as dictated by the permit the
performance guarantee shall be returned when all the terms and conditions of the
temporary zoning permit have been met and the temporary use or structure has
been removed.
3. Temporary Zoning Permit: A temporary zoning permit may be required by the Zoning
Administrator for any proposed temporary use, building or structure, except those already
covered by the City’s Special Events procedure, Fire Code, or Transient Merchants
procedure. Any temporary zoning permit may be approved, modified, conditioned or
denied by the Zoning Administrator. The Zoning Administrator may refer an application
for a temporary zoning permit to the Planning Commission.
a. A written temporary zoning permit may be issued for any temporary use, except
those already covered by the City’s Special Events procedure, Fire Code, or
Transient Merchants procedure, and shall contain the following information:
i The applicant's name
ii The location and effective dates of the temporary use
iii Conditions under which the permit was issued, included but not limited to:
(1) use and placement of signs
(2) provision for security and safety measures
(3) control of nuisance factors.
iv Submission of performance guarantee, if applicable
v Signature of the Zoning Administrator and owner and/or operator on the
permit.
b. The zoning administrator may impose conditions with the issuance of a permit
which are designed to ensure compliance with the requirements of this Ordinance.
The Zoning Administrator may revoke a permit at any time for nonconformance
with the requirements of this section and a permit issued thereunder.
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c. Request for permit renewal shall be filed at least fifteen (15) days prior to the
expiration date of the current permit. Applications for renewal or extension of a
permit having a duration of fifteen (15) days or less shall be applied for at least
three (3) days prior to the expiration date of the current permit.
d. Revocation: Upon expiration or revocation of a temporary zoning permit for a
temporary use, the temporary use shall cease and all temporary structures,
dwellings or buildings shall be removed from the parcel of land. A temporary
zoning permit may be revoked or modified by the Zoning Administrator if any
one of the following findings can be made:
i That circumstances have changed
ii That the temporary zoning permit was obtained by misrepresentation or
fraud
iii That one (1) or more of the conditions of the temporary zoning permit
have not been met
iv That the permitted use violates any statute, ordinance, law, or regulation.
4. Conditions of Approval:
a. The nature of the temporary use and the size and placement of any temporary
structure shall be planned so that the temporary use or structure will be
compatible with existing development.
b. The use shall not be typically located within a permanent building or structure.
c. The parcel shall be of sufficient size to adequately accommodate the temporary
use or structure.
d. The location of the temporary use or structure shall be such that adverse effects on
surrounding properties will be minimal, particularly regarding the traffic
generated by the temporary use or structure.
e. Off-street parking areas are of adequate size for the particular temporary use or
structure and properly located and the entrance and exit drives are laid out so as to
prevent traffic hazards and nuisances.
f. Signs shall conform to the provisions of this Ordinance.
g. Any lighting shall be directed and controlled so as to not create a nuisance to
neighboring property owners.
5. Appeal: An appeal of a decision by the Zoning Administrator relative to denial of a
temporary use, building or structure or of a temporary zoning permit or renewal thereof
may be taken to the Zoning Board of Appeals pursuant to Section XXV of this
Ordinance.
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6. Habitation of Accessory Structures and Travel Trailers: No recreational vehicle or travel
trailer, fixed or portable garage, barn, accessory buildings, or cellar shall be used or
occupied as a dwelling.
NEW LANGUAGE
Deletions are crossed out and additions are in bold:
Amendment to Section 2324 of Article XXIII
c. Erosion Control: Temporary fencing used for erosion control, silt screening and
other conventional types of temporary erosion structures may only be used for the purpose
of temporarily controlling the unwanted movement of top soil or sand on a parcel of land.
These temporary structures must be removed within 15 days after conditions causing the
soil erosion, or unwanted movement, are eliminated or have subsided. Bonafide public
works projects may use temporary fencing and other control methods as required to
accomplish the task at hand.
DELIBERATION
I move that the amendment to Section 2324 of Article XXIII, of the City of Muskegon Zoning
Ordinance, to add part c, be recommended to the City Commission for (approval/denial).
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