View the PDF version Google Docs PDF Viewer
CITY OF MUSKEGON
PLANNING COMMISSION
REGULAR MEETING
MINUTES
February 11, 2010
Chairman T. Michalski called the meeting to order at 4:00 p.m. and roll was taken.
MEMBERS PRESENT: B. Turnquist, L. Spataro, B. Larson, , B. Mazade, T. Michalski,
S. Warmington, B. Smith, W. Parker
MEMBERS ABSENT: T. Harryman, excused
STAFF PRESENT: M. Franzak, D. Leafers
OTHERS PRESENT: D. Rinsema-Sybenga, 154 Campus; J. Cherney, 4521 Cherrywood
Ct.
APPROVAL OF MINUTES
B. Turnquist stated that the minutes should be corrected to reflect that he called January’s
meeting to order. T. Michalski had been absent.
A motion that the minutes of the regular meeting of January 14, 2010 be approved with the
above correction, was made by S. Warmington, supported by B. Larson and unanimously
approved.
PUBLIC HEARINGS
Hearing, Case No. 2010-02 Staff-initiated request to amend Section 1101 of Article XI to
include “Vintage Shops” as a special use permitted in B-2 zones. M. Franzak presented the staff
report. Staff has received requests from local entrepreneurs to open vintage clothing and
furniture stores in B-2 zones. However, Section 1101 of Article XI only allows second hand
merchandise in B-2 zones as a special use permitted if they meet the following conditions: 1)
The site shall be located within or adjacent to an established, identifiable commercial corridor,
and 2) The store will be associated with a bona fide charitable organization, such as but not
limited to 501(c)(3) organizations. Staff recognizes the reasoning behind the limitations and the
need to restrict so called “junk stores” from locating in these zones. However, there are many
stores across the country that offer renewed vintage furniture that is indistinguishable from new
furniture. These stores are tapping into the green market by offering recycled furniture, in which
they take used furniture and refurbish it into artistic, like-new products. Many times these stores
will also offer vintage clothing to expand their business market. Although these products appear
to be new merchandise, they are technically used merchandise and not allowed in B-2 zones.
Staff has created two definitions proposed for inclusion to the zoning ordinance (please see Case
No. 2010-03) for these types of stores and is confident that they will continue to restrict the “junk
stores.”
Planning Commission Minutes – 2/11/10 1
S. Warmington asked who would determine the difference between “used” and “vintage” items,
and how that determination would be made. M. Franzak stated that the “vintage” definition was
proposed in the next case, and the Zoning Administrator would make the decision. B. Turnquist
asked what prompted this request. M. Franzak explained a business proposal for a shop on Third
St. T. Michalski felt that it would be difficult to enforce the ordinance. B. Larson was
concerned with subjective analysis of what was considered “vintage”. M. Franzak stated that
staff was confident that they would be able to enforce the ordinance.
L. Spataro arrived at 4:10 p.m.
B. Mazade stated that applicants would be required to obtain a Special Use Permit in order to
open a second-hand store, and that would give staff and the Planning Commission some leverage
to ensure compliance with the ordinance. He explained that only non-profit 501(c)(3)
organizations were currently allowed to operate second-hand stores; this amendment would
extend that to for-profit organizations as well.
D. Rinsema-Sybenga represented Muskegon Main Street. He had been working with the
business owner who wanted to open a vintage goods shop on Third St. He stated that it seemed
like a very good fit for the area, and he was in favor of the ordinance amendment. J. Cherney
asked if the proposed business would be accepting or soliciting donated goods. He was
concerned with the possibility of fraudulent solicitation of donations and unsightly outdoor
storage of donated goods. B. Mazade stated that because this was an ordinance amendment
request and not a request from a specific business, the board didn’t get into those details.
However, Planning Department staff would look into any complaints of that nature if the
situation arose.
A motion to close the public hearing was made by S. Warmington, supported by B. Larson and
unanimously approved.
A motion that the amendment to Section 1101 of Article XI, of the City of Muskegon Zoning
Ordinance to add “vintage shops” as a special use permitted, be recommended to the City
Commission for approval was made by S. Warmington, supported by B. Mazade and
unanimously approved.
Hearing, Case No. 2010-03 Staff-initiated request to amend Article II, Definitions, to add
definitions for “Vintage Shops” and “Vintage Merchandise”. M. Franzak presented the staff
report. In order to avoid confusion, it is necessary to add a couple of definitions to Article II,
Definitions, of the Zoning Ordinance. The proposed definitions are: 1) Vintage Shop: A retail
establishment which sells vintage merchandise, and 2) Vintage Merchandise: Furniture or
clothing; esteemed for its collectability, artistry, beauty or period of origin; meeting the
following criteria: a) Clothing must be laundered and in like-new, ready to wear condition, and
b) Furniture must have been previously restored to like-new condition through the process of
reupholstering or renovation, prior to being brought on-site.
B. Turnquist stated that furniture and clothing had been discussed in the previous case, but he
asked about good besides those two things, such as household items, art, or jewelry. M. Franzak
stated that many of those types of vintage goods were considered antiques rather than used items,
so they would not be covered by this definition.
A motion to close the public hearing was made by S. Warmington, supported by B. Larson and
unanimously approved.
Planning Commission Minutes – 2/11/10 2
A motion that the amendment to Article II, Definitions, of the City of Muskegon Zoning
Ordinance to add definitions for “Vintage Shops” and for “Vintage Merchandise,” be
recommended to the City Commission for approval was made by S. Warmington, supported by
B. Larson and unanimously approved.
NEW BUSINESS:
None
OTHER
None
There being no further business, the meeting was adjourned at 4:25 p.m.
dml
Planning Commission Minutes – 2/11/10 3
Sign up for City of Muskegon Emails