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CITY OF MUSKEGON
PLANNING COMMISSION
REGULAR MEETING
DATE OF MEETING: Thursday, December 14, 2006
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 meeting of November 16, 2006.
III. PUBLIC HEARINGS
A. Hearing; Case 2006-56: Staff initiated request to dissolve the Special Land Use
Permit previously granted to Timothy Sparks for a bait and tackle shop at 2204
McCracken Street.
B. Hearing; Case 2006-57: Request for a Special Land Use Permit, per section
2203 of Article XXII of the Zoning Ordinance, to allow an expansion not
exceeding 30% of a nonconforming structure at 2204 McCracken Street, by
Richard Ghezzi.
C. Hearing; Case 2006-58: Staff initiated request to amend the Section 2501,
(Creation and Membership, paragraph 1) of Article XXV, Zoning Board of
Appeals, regarding the appointment of successor ZBA members.
IV. OTHER
A. Lakeside Plan.
V. Adjourn
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meeting, to individuals with disabilities who want to attend the meeting, upon twenty-four hour
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Muskegon, MI 49440
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O:\Planning\COMMON\Zoning\Planning_Commission\PC2006\2006 Agendas\pc12-06.doc
Staff Report
CITY OF MUSKEGON
PLANNING COMMISSION
REGULAR MEETING
December 14, 2006
Hearing; Case 2006-56: Staff initiated request to dissolve the Special Land Use Permit
previously granted to Timothy Sparks for a bait and tackle shop at 2204 McCracken Street.
BACKGROUND
A Special Land Use Permit was granted to Timothy Sparks in July 2005 for a bait and tackle
shop. The business closed earlier this year and Mr. Sparks is in the process of selling the
building. The new owner would like to convert the building to residential, (see following case).
A special land use permit is granted to the owner/applicant for the specific property and runs
with the land. Mr. Sparks has granted staff permission to request that the special land use permit
be dissolved. Staff is asking Planning Commission to dissolve the special land use permit for the
property so that it will be free of encumbrances and the new owner can move forward with future
plans
RECOMMENDATION
Staff recommends approval of the request.
DELIBERATION
I move that the special land use permit previously granted to Timothy Sparks for 2204
McCracken Street (be/not be), dissolved, based on the fact that the property has been sold and no
longer meets of the requirements for the special land use permit to operate a bait and tackle shop.
Hearing; Case 2006-57: Request for a Special Land Use Permit, per section 2203 of Article
XXII of the Zoning Ordinance, to allow an expansion not exceeding 30% of a nonconforming
structure at 2204 McCracken Street, by Richard Ghezzi.
Applicant: Richard Ghezzi
Property Address/Location: 2204 McCracken Street
Request: Special Land Use Permit
Present Land Use: Commercial
Zoning: R-1
STAFF OBSERVATIONS
1. The applicant is in the process of purchasing the property and the sale may have taken
place by the date of this meeting.
2. The property currently houses a one-story, former commercial property that the applicant
wishes to convert to a single-family residence and is requesting a special land use permit
to expand the building up to 30%.
3. The Zoning Ordinance allows expansion of a nonconforming structure up to 30 percent
upon approval of the Planning Commission.
4. The current structure is nonconforming since it doesn’t meet the 30 ft. rear site back
requirement. The side setback is 8 ft. 2 inches, and does meet the minimum 8 foot side
setback that would be required for a second story to be added to the structure.
5. The square footage of the existing building is approximately 1,147 sq. ft., which would
allow additional space of up to 344 sq. ft. The applicant wishes to add a second story to
the structure, which would add 325 sq. ft of living space.
6. Plans for the first floor aren’t complete at this time. Staff calculated the usable floor area
from what exists now on the first floor.
7. The proposed attic shown on the site plan may be used only as storage space, and can’t be
used for additional living space. The construction of this space wouldn’t allow for it, due
to slop and height of the roof, and it’s use would constituted additional space beyond the
30% allowed.
8. The proposed outdoor deck may not be covered. If it were covered, it would also be
considered additional living space, since it could easily be enclosed.
9. The site plan provided by the applicant shows a driveway off of McCracken Street that
would accommodate two vehicles, which is required by the zoning ordinance. The
portion of concrete shown on the site plan that previously constituted a circle drive has
been removed (see photos on next page) and may not be put back in. A revised site plan
would need to be submitted to the Planning Department without that portion of concrete.
10. Mike Bentley, 2033 Harrison called staff to say he was in favor of the request. Ellen
Davis, 2057 Harrison called staff to say she was in favor of the request, as long as it
would be used as a single-family residence.
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View from the corner of Miner & McCracken. Front view from McCracken.
Rear view from Miner Street.
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ORDINANCE EXCERPTS
ARTICLE XXII – NONCONFORMING LOTS, USES, AND STRUCTURES
(article amended 4/06)
SECTION 2200: INTENT
Upon the adoption of this Ordinance or future amendments, there may exist lots, structures, and
uses of land and structures which were lawful prior to the adoption of the Zoning Ordinance, or
amendment to the Ordinance, but which are not in conformance with the provisions of this
Ordinance, or any amendments. It is the intent of this Ordinance to permit these nonconforming
lots, structures and uses to continue until they are removed, but not to encourage their survival.
Because nonconforming lots, structures and uses, so long as they exist, prevent the full
achievement of the goals and objectives of the City of Muskegon Master Plan, the spirit of this
Ordinance is to reduce, rather than increase, any nonconformance.
SECTION 2201: NONCONFORMING LOTS
When an existing nonconforming lot does not adjoin any other lot or lots under common
ownership or if the nonconforming lot fails to meet the requirements for minimum lot area,
minimum width, or both, of the zoning district in which it is located, such lot may be used for the
permitted uses of the zoning district under the following conditions:
1. It must meet the definition of “Lot of Record” listed in the definitions of this Ordinance.
2. In any zoning district, where two or more adjoining nonconforming lots are under
common ownership, these lots shall be combined and considered as one lot for the
purposes of this ordinance.
3. The nonconforming lot must still meet setback requirements of its zoning district and is
subject to certain limitations provided by other provisions of this Ordinance.
SECTION 2202: NONCONFORMING USES OF LAND
Where, at the effective date of adoption or amendment of this Ordinance, lawful use of land
exists that is made unlawful under the terms of this Ordinance as enacted or amended, such use
may be continued, so long as it remains otherwise lawful, subject to the following provisions:
1. Special land uses and use variances permitted by this ordinance shall not be deemed
nonconforming uses.
2. Changes of tenancy, ownership or management of any existing nonconforming uses of
land may be made, provided that there is no change in the nature or character of the
nonconforming use.
3. No such nonconforming use shall be enlarged, increased, or extended to occupy a greater
area of land than was occupied at the effective date of adoption or amendment of this
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Ordinance, except when authorized by the Planning Commission, after Public Hearing as
required for Special Uses, and upon reaching a determination that the proposed
enlargement, increase, or greater area:
a. Does not have a substantial detrimental effect on the use and enjoyment of
adjacent uses or lots.
b. Complies with all parking, sign, or other applicable regulations applicable to
accessory uses for the area affected by the proposed enlargement, increase, or
greater area.
c. Complies with any reasonable conditions imposed by the Planning Commission
that are necessary to ensure that the proposed enlargement, increase, or greater
area will not prove detrimental to adjacent properties, the neighborhood, or the
community.
d. It is not larger than twenty five percent (25%) of the original nonconforming area.
4. No such nonconforming use shall be moved in whole or in part to any other portion of the
lot or parcel occupied by such use at the effective date of adoption or amendment of this
Ordinance.
5. A nonconforming use of land, which has ceased for a period exceeding twenty-four (24)
months or has been changed to a conforming, use may not again be devoted to a
nonconforming use. A nonconforming use shall be determined to be abandoned if one
(1) or more of the following conditions exists, and which shall be deemed to constitute an
intent on the part of the property owner to abandon the nonconforming use;
a. Utilities, such as water, gas, and electricity to the property, have been
discontinued.
b. The property, buildings and grounds have fallen into disrepair.
c. Signs or other indications of the existence of the nonconforming use have been
removed.
d. Removal of equipment or fixtures which are necessary for the operation of the
nonconforming use.
e. Other actions, which in the opinion of the Zoning Administrator, constitute an act
or omission on the part of the property owner or lessee constituting an intent to
abandon the nonconforming use.
6. When such nonconforming use is made more conforming than the use which previously
existed, it may continue even though it does not totally conform to all provisions of this
Ordinance.
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:
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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.
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.
SECTION 2204: [RESERVED]
SECTION 2205: POWER OF CONDEMNATION
The City may acquire by purchase, by condemnation, or otherwise private property or an interest
in private property for the removal of nonconforming uses and structures, except that the
property shall not be used for pubic housing. The City Commission may provide that the cost
and expense of acquiring private property be paid from general funds, or the cost and expense, or
a portion thereof, be assessed as a Special Assessment District. The elimination of
nonconforming uses and structures in a zoned district is declared to be for a public purpose and
for a public use.
The City Commission may institute and prosecute proceedings for the condemnation of
nonconforming uses and structures under the power of eminent domain in accordance with the
provisions of the City Charter relative to condemnation or in accordance with Act No. 87 of the
Pubic Acts of 1980, being Section 213.51 et seq. of the Michigan Compiled Laws, or any other
applicable statute.
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STAFF RECOMMENDATION
Staff recommends approval of the request since the conversion to residential would bring the
property into compliance with the zoning and the second floor addition would be compatible
with other structures in the neighborhood.
MOTION FOR CONSIDERATION
I move that the request for an expansion not to exceed 30% of a nonconforming structure at 2240
McCracken Street, by Richard Ghezzi be (approved/denied/tabled), based on (compliance/lack
of compliance) with the City of Muskegon Zoning Ordinance, with the following condition
(only if approved):
1. A revised site plan be submitted and approved by the Planning Department which shows
the concrete removed from the front yard of the structure and only the approved paved
driveway for two vehicles remaining.
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Hearing; Case 2006-58: Staff initiated request to amend the Section 2501, (Creation and
Membership, paragraph 1) of Article XXV, Zoning Board of Appeals, regarding the appointment
of successor ZBA members.
BACKGROUND
This amendment is required by the recently enacted Michigan Zoning Enabling Act of 2006. It
requires that language shall be included in the zoning ordinance to address appointments of new
ZBA members.
NEW LANGUAGE
Deletions are crossed out and additions are in bold.
SECTION 2501: CREATION AND MEMBERSHIP [amended 9/05]
There is hereby established a Zoning Board of Appeals (ZBA), which shall perform its duties
and exercise its powers as provided in Section 5 of Act 207 of the Public Acts of 1921, as
amended, and in such a way that the objectives of this Ordinance shall be observed, public safety
secured, and substantial justice done. The ZBA shall consist of seven (7) members appointed by
the City Commission, and shall include one (1) member of the City Commission and one (1)
member of the Planning Commission. Every member shall be a legal resident of the City. The
term of the representative of the City Planning Commission and the term of the City Commission
representative shall expire with that of his/her Planning Commission or City Commission office.
The terms of all members except the representative of the City Planning Commission and the
City Commission shall be for periods of three (3) years each. A successor member of the ZBA
must be appointed not more than one month after the term of the preceding member has
expired. The ZBA shall annually elect its own Chairman and Vice-Chairman.
DELIBERATION
I move that the amendment to Section 2501, (Creation and Membership, paragraph #1), of
Article XXV, (Zoning Board of Appeals), of the City of Muskegon Zoning Ordinance, be
recommended to the City Commission for (approval/denial).
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