Planning Commission Minutes 10-13-2011

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                                              CITY OF MUSKEGON
                                            PLANNING COMMISSION
                                              REGULAR MEETING

                                                  October 13, 2011

Vice Chairman B.Turnquist 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.

MEMBERS ABSENT:                          Excused: T. Michalski, B. Larson, W. Parker

STAFF PRESENT:                           M. Franzak, D. Renkenberger

OTHERS PRESENT:                          L. Bergman, 82 West Dale Ave.

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.
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

Planning Commission Minutes – 10/13/11                                                               1
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.




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.

Planning Commission Minutes – 10/13/11                                                         2

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