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CITY OF MUSKEGON
PLANNING COMMISSION
REGULAR MEETING
DATE OF MEETING: Thursday, November 10, 2011
TIME OF MEETING: 4:00 p.m.
PLACE OF MEETING: Commission Chambers, First Floor, Muskegon City Hall
AGENDA
Roll Call
Approval of minutes of the regular meeting of October 10, 2011.
I. PUBLIC HEARINGS
Hearing, Case 2011-17: Request for a Special Land Use Permit, per section 2203 of
Article XXII of the Zoning Ordinance, to allow an expansion of a non conforming
structure, not exceeding 30% of the total floor area of the existing building in a B-2,
Convenience and Comparison Business District at 1983 Lakeshore Dr, by
Warmington Leasing LLC.
II. OLD BUSINESS
III. NEW BUSINESS
IV. OTHER
V. 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 a representative to dial 231-724-6705
CITY OF MUSKEGON
PLANNING COMMISSION
REGULAR MEETING
MINUTES
October 13, 2011
Chairman T. Michalski called the meeting to order at 4:00 p.m. and roll was taken.
MEMBERS PRESENT: S. Warmington, B. Turnquist, J. Doyle, B. Smith, B. Mazade, L.
Spataro
MEMBERS ABSENT: Excused: T. Michalski, B. Larson, W. Parker
STAFF PRESENT: M. Franzak, D. Renkenberger
OTHERS PRESENT: L. Bergman, 82 West Dale Ave.
APPROVAL OF MINUTES
A motion that the minutes of the regular meeting of September 15, 2011 be approved, was made
S. Warmington, supported by B. Mazade and unanimously approved.
PUBLIC HEARINGS
L. Spataro arrived at 4:07 p.m.
Hearing; Case 2011-16: Request for a Special Land Use Permit, per section 2203 of Article
XXII of the Zoning Ordinance, to allow an expansion of a non-conforming structure, not
exceeding 30% of the total floor area of the existing building in an R-1, Single Family
Residential District at 82 West Dale Avenue, by Andy Bergman. M. Franzak presented the staff
report. The property at 82 W. Dale is legally non-conforming due to side setbacks and total lot
size. Side setbacks for R-1 districts must be at least 6 feet. The side setback on the east side of
this lot is only about 18 inches. In addition, the total lot size of the parcel is 5,974 square feet,
which is just short of the 6000-square-foot minimum lot size requirement. Section 2203 (Non-
conforming structures) of the zoning ordinance states that non-conforming structures may be
changed to an extent not exceeding thirty percent (30%) of the total floor area of the existing
building. The total floor area of the existing primary building is 2216 square feet, so the
applicant is allowed to request an addition of up to 665 square feet. The proposed additions total
188 square feet and would be used as additional living space and a deck. Notice was sent to
properties within a 300 foot radius of this parcel. T. Harryman contacted staff to say that he is
opposed to the request due to excessive storage on the property. 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.
B. Turnquist remarked that there did appear to be a lot of material stored on the property. S.
Warmington asked what it was for. M. Franzak stated that he believed it was related to a home-
based business. L. Bergman stated that they did have a home-based business there and complied
with all regulations. She stated that the addition would expand the kitchen area, which was quite
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small. They planned to add the deck in the spring. The addition and deck would not be used as
part of the business.
A motion to close the public hearing was made by B. Mazade, supported by L. Spataro and
unanimously approved.
A motion that the Special Land Use Permit, per section 2203 (#1) of Article XXII of the Zoning
Ordinance, to allow an expansion of a non-conforming structure not exceeding 30% at 82 West
Dale Avenue, by Andy Bergman, be approved, based on compliance with the City’s Master Land
Use Plan and conditions set forth in Section 2203 of the City of Muskegon Zoning Ordinance
with the conditions that 1) The owner shall permit the zoning administrator or other zoning staff
in the premises at reasonable times to review compliance with this permit, and 2) The special
land use permit shall become null and void within one year of the public hearing if the structure
has not been constructed, was made by L. Spataro, supported by S. Warmington and
unanimously approved.
OLD BUSINESS
None
OTHER
Zoning Ordinance Amendments – M. Franzak stated that he was working on some amendments
to the Zoning Ordinance to make it more business-friendly.
185 W. Laketon Ave – M. Franzak stated that he sent a letter to this property owner because they
were in violation of the conditions of their Special Use Permit.
S. Warmington stated that he would have a case on next month’s agenda, and he would ask that
B. Mazade be excused from voting.
There being no further business, the meeting was adjourned at 4:16 p.m.
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Staff Report
CITY OF MUSKEGON
PLANNING COMMISSION
REGULAR MEETING
November 10, 2011
Hearing, Case 2011-17: Request for a Special Land Use Permit, per section 2203 of Article
XXII of the Zoning Ordinance, to allow an expansion of a non conforming structure, not
exceeding 30% of the total floor area of the existing building in a B-2, Convenience and
Comparison Business District at 1983 Lakeshore Dr, by Warmington Leasing LLC.
STAFF OBSERVATIONS
1. The property at 1983 Lakeshore Dr is located in a B-2, Convenience & Comparison
Business District.
2. The structure on this property is considered legally non-conforming because it does
not meet the 10 foot front setback requirement.
3. Section 2203 (Nonconforming structures) of the zoning ordinance states that non-
conforming structures may be expanded to an extent not exceeding thirty percent
(30%) of the total floor area of the existing building.
4. The current building measures 1,530 sqft and is two stories. The proposed additions
measures 128 sqft (8% of the current building) and is one story.
5. The addition will measure 8 feet by 16 feet and will be located 1 inch off of the
westerly property line. The current building has a zero lot line.
6. The proposed addition would be used as a covered entrance to the building and also
as a smoking area.
7. The addition would not take away any parking spaces, nor require the addition of any
parking spaces.
8. Notice was sent to properties within a 300 foot radius of this parcel. Bill Gibner,
owner of 1965 Lakshore Dr, is in favor of the project. Michael Vink of Great Lakes
Dock and Materials, which owns 1937 Lakeshore Dr and 1845 Lakeshore Dr, is in
favor of the project. Joe Booker, owner of the adjacent building at 1991 Lakeshore
Dr is not in favor of the project. He plans on attending the meeting and voicing his
concern.
Front of 1983 Lakeshore Dr
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Back of 1983 Lakeshore Dr. Location of proposed addition. (Note: The vehicle pictured is
not in a legal parking space)
Zoning Map
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Zoning 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.
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.
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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 1983
Lakeshore Dr, by Warmington Leasing, 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 2203 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 structure has not been constructed.
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