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CITY OF MUSKEGON
PLANNING COMMISSION
REGULAR MEETING
DATE OF MEETING: Thursday, November 12, 2009
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 15, 2009.
III. PUBLIC HEARINGS
A. Hearing; Case 2009-20: 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 788 Marquette Avenue, by
David Mayville, BMA Architects, LLC.
B. Hearing; Case 2009-21: Planning Commission initiated request to clarify the
Special Land Use Permit issued to the Great Lakes Naval Museum, per section
1701, #11 of Article XVII of the Zoning Ordinance to allow a museum in an
OSR, Open Space Recreation zoning district at 3800 Bluff Street.
C. Hearing; Case 2009-22: Staff initiated request to amend Article II, Definitions,
to modify the definition for “mezzanine”.
D. Hearing; Case 2009-23: Staff initiated request to amend Section 2334, #5 (f)
(Signs) of Article XXIII to modify “Exempt Signs”.
IV. OLD BUSINESS
V. NEW BUSINESS
VI. OTHER
A. Design Criteria for 100 Muskegon Mall PUD – DMDC Representatives
VII. Adjourn
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O:\Planning\COMMON\Zoning\Planning Commission\PC Meeting Documents\PC 2009\2009 PC staff reports\PC 11 12 09\PC 11 12 09
agenda.doc
Staff Report
CITY OF MUSKEGON
PLANNING COMMISSION
REGULAR MEETING
November 12, 2009
Hearing; Case 2009-20: 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 788 Marquette Avenue, by David Mayville, BMA Architects, LLC.
BACKGROUND
Applicant: David Mayville, BMA Architects, LLC
Property Address/Location 788 Marquette Avenue
Request: Expansion Not Exceeding 30% of a Nonconforming
Structure
Present Land Use: Adult Foster Care
Zoning: R, One Family Residential
STAFF OBSERVATIONS
1. This property was originally owned and developed as an adult foster care home by the
State of Michigan. It has since been sold to private owners.
2. Zoning of the property is R-1, Single Family Residential, as are properties in all
directions. There is a small strip of B-1, Limited Business zoning on the southeast corner
of Marquette and Getty.
3. The garage is located in the front yard, and therefore is a nonconforming structure. The
owners wish to add a pergola on the east side of the garage to provide a covering over a
cement patio type area for residents to use as an outdoor seating area.
4. The pergola will be 145 square feet, which is less than the 30% maximum of the 484
square foot garage.
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.
Front view of home and garage. View of garage and cement area.
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ORDINANCE EXCERPTS
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.
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.
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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 788
Marquette Avenue, by David Mayville, BMA Architects, 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 prior to
occupying the building.
4
Hearing; Case 2009-21: Planning Commission-initiated request to clarify the Special Land Use
Permit issued to the Great Lakes Naval Museum, per section 1701, #11 of Article XVII of the
Zoning Ordinance to allow a museum in an OSR, Open Space Recreation zoning district at 3800
Bluff Street.
BACKGROUND
Applicant: Planning Commission
Property Address/Location: 3800 Bluff Street
Request: Special Land Use Permit Clarification
Present Land Use: Museum
Zoning: OSR, Open Space Recreation
STAFF OBSERVATIONS
1. The subject property is 2.58 acres which houses the buildings for the Great Lakes Navel
Memorial and Museum. The property currently has a special land use permit to operate as a
museum. There is an approved site plan that is part of that request.
2. The request from the Planning Commission is to hold a public hearing to clarify the uses that
would be allowed on the property as part of the approved special land use permit originally
issued in September 2005 for a “museum”.
3. Since staff wasn’t sure what direction the Planning Commission would wish to take, the
conditions listed as part of the motion are those recommendations agreed to by the sub-
committee (Time Michalski, Steve Warmington, and staff). If the Planning Commission
wishes to develop a list of approved events, that list could also be adopted as part of the
motion.
4. Staff has received several phone calls from residents asking questions regarding the reason
for this meeting. Several will likely be in attendance to offer their comments.
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6
ORDINANCE EXCERPTS
SECTION 1701: SPECIAL LAND USES PERMITTED
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. Country clubs.
2. Marinas for the berthing and servicing of boats, but without major repair or storage
facilities.
3. Public and private utilities and services.
4. Seasonal, recreational, campers and trailer parks, and facilities.
5. Amusement facilities excepting outdoor theaters, adult theaters, and adult bookstores.
6. Seasonal or year-round craft shops.
7. Conference and reception auditoriums.
8. Galleries and museums.
9. Open air amphitheaters.
10. Restaurants and cocktail lounges.
11. Any other similar uses or activity requiring buildings or structures.
12. Accessory buildings and accessory uses customarily incidental to the above Special Land
Uses Permitted.
13. Uses similar to the above Special Land Uses Permitted.
RECOMMENDATION
Based on compliance with the 1997 Master Plan and City Zoning Ordinance, staff recommends
approval of recommended events agreed to by the Planning Commission, if they choose to do so,
and with conditions listed below.
MOTION FOR CONSIDERATION
I move that the following events or types of events be allowed as part of a special land use
permit, per Section 1701 (#11) of Article XVII of the Zoning Ordinance, to allow a museum a
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OSR, Open Space Recreation zoning district at 3800 Bluff Street, 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):
EVENTS/TYPES OF EVENTS
1.
CONDITIONS
1. No BYOB events.
2. No alcohol with youth present.
3. They could use whatever number of temporary liquor licenses for non-profit organizations
that are approved by the City Commission only for fund raisers for the Naval Museum. No
other agency may hold a fund raiser with such a temporary license on the premises.
4. Hours of operation could be a condition of any approval issued for events. The committee
recommends any evening events not involving a temporary liquor license end by 9 p.m.
Those involving a temporary liquor license should end by 10 p.m.
5. Any catered events must have the approval of the Muskegon County Health Department.
6. Events must maintain the mission of the organization stated in the lease. No wedding
receptions, class reunions or other such rental hall type of activities would be permitted.
7. Business meetings could be held at the Naval Museum during the day with no alcohol served.
8. Any events or activities held must comply with the number of approved parking spaces on
the site.
8
Hearing; Case 2009-22: Staff initiated request to amend Article II, Definitions, to modify the
definition for “mezzanine”.
BACKGROUND
Over the past couple of years, several requests were received by the Planning Department to
construct mezzanines in certain 2-story homes with high ceilings. Due to the current language
these weren’t allowed, even when the total height of the house was within the height limit. By
making this change to the definition, our ordinance would be more in keeping with requests by
home owners to make use of previously wasted space in cathedral ceilings, which is a trend in
new homes, and additions to existing homes. The present definition is as follows:
Mezzanine: An intermediate floor in any story occupying not more than one-third (1/3) of the
floor area of such story.
NEW LANGUAGE
Deletions are crossed out and additions are in bold:
New Definition:
Mezzanine: A small extra floor between one floor of a building and the next floor up, or if no
floor above then the ceiling next above. The mezzanine shall not occupy more than one-third
(1/3) of the floor area of such story below it and at least one wall must be open to the adjacent
living space below. In no case shall a mezzanine expand the roofline, such as with a dormer.
DELIBERATION
I move that the amendment to Article II, Definitions, to amend the definition of “mezzanine”, be
recommended to the City Commission for (approval/denial).
9
Hearing; Case 2009-23: Staff-initiated request to amend Section 2334, #5 (f) (Signs) of Article
XXIII to modify “Exempt Signs”.
BACKGROUND
Recently a new sign was proposed for identifying the new stage area in the common area
between the DMDC property and Third Street, recently referred to as the “Third Street
Commons”. Our present zoning ordinance made no provisions for this type of signage. In an
attempt to keep our zoning ordinance reflecting the times, the following amendment to the
“Exempt Signs” section of the sign ordinance is proposed.
NEW LANGUAGE
Deletions are crossed out and additions are in bold:
5. f. Historic markers, wall signs identifying the names of a building, place or date of
erection of a structure.
DELIBERATION
I move that the amendment to Section 2334, (Signs) #5, (f) of Article XXIII, to modify “Exempt
Signs, be recommended to the City Commission for (approval/denial).
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