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CITY OF MUSKEGON
PLANNING COMMISSION
REGULAR MEETING
DATE OF MEETING: Thursday, July 14, 2011
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 June 16, 2011.
III. PUBLIC HEARINGS
A. Hearing; Case 2011-10: Request for a Special Use Permit for auto sales in a B-4,
General Business District at 2010 S Getty St, by Michael Vasquez
IV. OLD BUSINESS
V. NEW BUSINESS
VI. OTHER
VII. Adjourn
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Staff Report
CITY OF MUSKEGON
PLANNING COMMISSION
REGULAR MEETING
July 14, 2011
Hearing; Case 2011-10: Request for a Special Use Permit for auto sales in a B-4, General
Business District at 2010 S Getty St, by Michael Vasquez
STAFF OBSERVATIONS
1. The property at 2010 S Getty was approved for a rezoning last month from I-1, Light
Industrial District to B-4, General Business District.
2. Auto sales must be located in a B-4, General Business District and receive a Special
Use Permit from the Planning Commission.
3. The property has been used in the past as a car dealership as a legal non-conforming
use. However, the legal non-conforming use has been abandoned for more than two
years. A Special Use Permit is now required for auto sales on this property..
4. The parcels to the north are zoned B-4, General Business District and the parcels to
the south are zoned I-1, Light Industrial District. Medendorp Industrial Park is also
located to the south.
5. The parcel is roughly 16,652 SF (0.38 acres).
6. There is adequate customer parking for this type of use.
7. If the property remains fenced in, the owner must contact the Fire Marshall in regards
to a lock box and key.
8. Please see the enclosed site plan.
2010 S Getty St
Aerial Map
Zoning ordinance excerpt:
ARTICLE XIII - B-4 GENERAL BUSINESS DISTRICTS
SECTION 1301: 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. A site plan shall not be
required when there is no change to buildings or existing facilities.
1. Sales space for the sale of new and used automobiles, house trailers, travel trailers, and
recreational vehicles, subject to the following.
a. Ingress and egress to the outdoor sales area shall be at least sixty (60) feet from
the intersection of any two (2) streets:
b. No major repair or major refinishing shall be done on the lot, such use of land
being only permitted in the I-1 or I-2 Industrial Districts.
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DELIBERATION
Standards for Special Uses [derived from Section 2332]
Emphasis provided
Prior to authorization of any Special Land Use, the Planning Commission shall:
Give due regard to the nature of all adjacent uses and structures and the consistency with the
adjacent use and development.
Find that the proposed use or activity would not be offensive, or a nuisance, by reason of
increased traffic, noise, vibration, or light.
Adequate water and sewer infrastructure exists or will be constructed to service the Special Land
Use or activity.
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 special land use permit, per Section 1301 of Article XIII of the Zoning
Ordinance, to allow sales space for the sale of automobiles in a B-4, General Business District at
2010 S Getty, by Michael Vasquez, 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. All signage requires a permit and must comply with the zoning ordinance.
2. The owner shall permit the zoning administrator or other zoning staff in the premises at
reasonable times to review compliance with this permit.
3. The Special Land Use permit document shall be recorded with the register of deeds prior to
establishment of the use.
4. 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 condition 1 – 3.
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