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CITY OF MUSKEGON
ZONING BOARD OF APPEALS
REGULAR MEETING
DATE OF MEETING: November 9, 2010
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 September 14, 2010
III. PUBLIC HEARINGS
A. Hearing Case 2010-006: Request for a use variance to allow occupancy of two separate
single family residential structures located on one parcel, in an R-1 Single-Family
Residential Zone, at 569 W. Webster, by David Medendorp, Alt Property Management.
B. Hearing Case 2010-007: Request for a variance from the minimum lot area requirements in
Section: 1100(11), to allow a residential use as part of a building located on a parcel in a B-2
Convenience and Comparison Business District, at 1996 W. Sherman Blvd., by Stephan
Holdeman.
C. Hearing Case 2010-008: Request for a variance from Section 2326: Off Street Parking and
Loading, to reduce the number of parking spaces required from 13 to 12 spaces at, 1996 W.
Sherman Blvd., by Stephan Holdeman.
IV. OLD BUSINESS
IV. Adjourn
AMERICAN DISABILITY ACT POLICY FOR ACCESS TO OPEN MEETINGS 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 Becker, City Clerk
933 Terrace Street
Muskegon, MI 49440
(231) 724-6705
CITY OF MUSKEGON
ZONING BOARD OF APPEALS
STAFF REVIEW
November 9, 2010
Hearing, Case 2010-006: Request for a use variance to allow occupancy of two separate single
family residential structures located on one parcel, in an R-1 Single-Family Residential Zone, by
David Medendorp (Alt Property Management)
BACKGROUND:
Applicant: David Medendorp, Alt Property Management, 4265 Grand Haven Rd., Muskegon
Property Owner: Unlikely 3 LLC, 4265 Grand Haven Rd., Muskegon
Property Address(location): 569 W. Webster
Zoning: R-1 Single Family Residential
Current Land Use: Two Vacant Single Family Structures
Request: Use variance to allow two-single family structures on one lot to be occupied.
STAFF OBSERVATIONS
1. The subject property was registered as a nonconforming three-family residence, with two buildings
on the parcel, until the most recent Certificate of Compliance expired on May 1, 2007.
2. The last residential water usage occurred prior to the meter reading of October 13, 2004. Subsequent
meter readings appear to indicate a broken pipe in the building. Typical water usage increased from
an average of 50 units per month, in the 6 months prior to the February 2005 reading, to an average
of over 335 units on the next three meter readings. These meter readings appear to establish a
beginning timeline of when the buildings were abandoned.
3. An inspection department staff member began the process to inspect the home on June 28, 2007,
however, could not gain entry. The inspector has indicated to staff that the buildings were empty at
that time.
4. On September 5, 2008 a police report was made due to a police officer investigating the possibility
of a breaking & entering in progress at the two buildings on this parcel. The officer found the rear
home, which is known as 569 ½ W. Webster, unsecure and with an open front door and a broken
window. The inspections subsequently had the front door, rear door & window boarded up to
prevent entry.
5. Since more than two years have passed since this property was registered as a three family dwelling,
and was abandoned, it has lost its nonconforming status.
6. The zoning in the surrounding neighborhood is R-1 Single Family Residential and land uses are
mixed with both single family and multi-family dwelling units in the area.
7. The proper zoning district for a parcel of land with multiple dwelling structures similar to this parcel
would be RM-1 Low Density Multiple Family Residential Districts.
8. The front building at this address was formerly a two unit and has since been converted to a single
family structure. The rear building has been a single family structure. The owners are working
closely with the inspections department to acquire the necessary certificates if a variance is allowed.
9. The ordinance requires 2 parking spaces per dwelling unit, and there are currently no parking spaces
available for either building on this site. The property owners have acquired a vacant lot next door
at 575 W. Webster and have applied for approvals to install 4 paved parking spaces and a storage
shed. To comply with the ordinance the vacant lot at 575 W. Webster must be combined by the
assessing department with 569 W. Webster. This will ensure that parking will remain available for
the two structures and allow the partial use of this vacant land for parking. Vacant lots may not be
principally used for parking in an R-1, Single-Family Residential zone.
10. This is not a Variance request from Section 2304: One Building to a Lot, as such, it would have no
impact on the two nonconforming structures, particularly if they were no longer allowed because of
an event covered in Section 2203: Nonconforming Structures. As an example, if one of the
structures was damaged by fire in excess of 75% of its replacement cost, it would not be allowed to
be rebuilt and the remaining structure would have to remain only a single family structure.
Additionally, a condition of approval, if adopted and approved, would render the use variance null
and void if one of the existing buildings were destroyed or removed. This would prevent an owner
from using this use variance to convert the remaining building into a two family dwelling unit.
11. The exterior of the homes are consistent with other single family residences nearby.
12. Use variances require a 2/3 majority vote of the membership of the Zoning Board of Appeals to be
approved. This has been determined to be 5 members.
13. Staff has received one comment from Linda Aumiller of 578 W. Webster. Ms. Aumiller called to
express her general concerns regarding some of the previous problems and conditions at this
property and concerns about some recent uses, such as a large portable sign placed on the vacant lot
and people sleeping on the porch.
ORDINANCE EXCERPTS:
ARTICLE XXV - ZONING BOARD OF APPEALS
SECTION 2502: POWERS AND DUTIES
…
4. Use Variances
The ZBA shall have the power to authorize upon appeal in specific cases, filed as required by
this article, such use variances from the provisions or requirements of this chapter as will not be
contrary to the public interest; but only in such cases where, owing to special conditions
pertaining to a specific piece of property, the literal enforcement of the provisions or
requirements of the chapter would cause unnecessary hardship.
The purpose and intent of this Ordinance is that every landowner in the City of Muskegon should
enjoy a beneficial use of their property. A use variance is a process by which the City evaluates
the allegation that there is no beneficial use, and can provide relief from the regulations by
granting additional development potential to provide a beneficial use of the property. It is also
the intent of this Section that such relief not increases the potential for damaging the health,
safety, or welfare of future users of the property or neighbors that might reasonably anticipated if
the landowner were permitted to engage in or construct the use proposed. Under no conditions
shall a use variance be granted unless there is a finding of no beneficial use.
No such use variance in the provisions of requirements of this chapter shall be authorized by the
ZBA unless the ZBA finds that all the following facts and conditions exist:
a. That the property could not be used (put to a reasonable use) for the purposes permitted
in that zone district.
b. That the plight is due to unique circumstances peculiar to the property and not to general
neighborhood conditions.
c. That the proposed use would not alter the essential character of the area and will not
materially impair the purposes of this ordinance or the public interest.
d. That the alleged hardship is caused by the Ordinance and has not been created by any
person presently having an interest in the property, or by any previous owner.
e. That the alleged hardship is not founded solely upon the opportunity to make the property
more profitable or to reduce expense to the owner.
f. That the requested variance is the minimum action required to eliminate the hardship.
g. That the use variance does not permit a use specifically identified by this Ordinance as a
use excluded from the particular zone in which requested.
h. The extent to which the ordinance protects users or neighbors from threats to health,
safety and welfare shall be considered. A use that seriously threatens the health of future
residents or neighbors is not a beneficial or allowable use.
i. In no case shall a use that is a nuisance per se, or a use which in that particular location
constitutes a nuisance, be granted as a use variance. Such uses are not legal uses of the
land.
The following data shall accompany all applications for a use variance:
a. A site plan must be submitted which meets the requirements of this ordinance.
Every use variance approved by the ZBA shall require a time for completion of improvements.
Ordinance Excerpts:
SECTION 2304: ONE BUILDING TO A LOT
No more than one principal building may be permanently established on a lot or parcel, unless
specifically provided for elsewhere in this Ordinance as in the case of a condominium development, site
planned use, planned unit development, or multiple family development.
ARTICLE IV - R ONE FAMILY RESIDENTIAL DISTRICTS
PREAMBLE
These districts are designed to be composed of low density residential development. The regulations are
intended to stabilize, protect, and encourage the residential character of the district and prohibit activities
not compatible with a residential neighborhood. Development is limited to single family dwellings
and such other uses as schools, parks, churches, and certain public facilities which serve residents of the
district. It is the intent of these districts to recognize that the City of Muskegon has been developed and
platted with some lots that are smaller than those found in recently urbanized communities, and the
standards in Section 2100 reflect residential development standards that the citizens of Muskegon find to
be compatible.
SECTION 400: PRINCIPAL USES PERMITTED
In R, One Family Residential, Districts no building or land shall be used and no building shall be
erected, structurally altered, or occupied except for one or more of the following specified uses,
unless otherwise provided in this Ordinance;
1. One Family detached dwellings.
ARTICLE VII - RM-1 LOW DENSITY MULTIPLE-FAMILY RESIDENTIAL DISTRICTS
PREAMBLE
The RM-1 Low Density Multiple Family Residential Districts are designed to provide sites for multiple
family dwelling structures, and related uses, which will generally serve as zones of transition between
the nonresidential districts and the lower density One Family and Two Family Residential Districts, and
MHP Mobile Home Park Districts.
SECTION 700: PRINCIPAL USES PERMITTED
In an RM-1 Low Density Multiple Family Residential District no building or land shall be used and no
building shall be erected, structurally altered, or occupied except for one (1) or more of the following
specified uses, unless otherwise provided for in this Ordinance:
1. All Principal Uses Permitted in the R One Family and RT Two Family Residential Districts with
the lot area, yard, and floor area requirements for one (1) and two (2) family dwellings equal to
at least the requirements of the immediately abutting residential district.
2. Multiple dwellings and row houses for any number of families.
ARTICLE VI - RT TWO FAMILY RESIDENTIAL DISTRICTS
PREAMBLE
The RT Two Family Residential Districts are designed to be compatible with one (1) family residential
densities, and to be located along major thoroughfares so as to provide transition between the
thoroughfare and one (1) family district. The RT zones of transition between higher density RM and
MHP Districts, or nonresidential districts, and low density one (1) family residential districts.
SECTION 600: PRINCIPAL USES PERMITTED
In an RT Two Family Residential District no building or land shall be used and no building shall be
erected, structurally altered, or occupied except for one (1) or more of the following specified uses,
unless otherwise provided in this Ordinance:
1. One and two family detached dwellings.
Application Page 2:
Site Plan:
Notification & Vicinity Map:
Site Photos:
Proposed Parking Area:
Water Records:
DETERMINATION:
The following motion is offered for consideration:
I move that the use variance to permit the two structures at 569 W. Webster Avenue to each be occupied
as a one-family residence in an R-1 Single Family Residential zone be (approved/denied), based on the
following review standards (found in Section 2502 of the Zoning Ordinance) subject to conditions (only
if approved):
a. That the property (could not/could) be used (put to a reasonable use) for the purposes permitted in
that zone district.
b. That the plight (is/is not) due to unique circumstances peculiar to the property and (not/instead) to
general neighborhood conditions.
c. That the proposed use (would not/would) alter the essential character of the area and (will not/will)
materially impair the purposes of this ordinance or the public interest.
d. That the alleged hardship (is/is not) caused by the Ordinance and (has not/has) been created by any
person presently having an interest in the property, or by any previous owner.
e. That the alleged hardship (is not/is) founded solely upon the opportunity to make the property more
profitable or to reduce expense to the owner.
f. That the requested variance (is/is not) the minimum action required to eliminate the hardship.
g. That the use variance (does not/does) permit a use specifically identified by this Ordinance as a use
excluded from the particular zone in which requested.
h. The use (does/does not) seriously threatens the health of future residents or neighbors.
i. The use (is/is not) a nuisance per se, or the use in that particular location (constitutes/does not
constitute) a nuisance.
CONDITIONS
1. The variance is recorded with the deed to keep record of it in the future.
2. The properties 569 W. Webster and 575 W. Webster are combined into one parcel by the Muskegon
County Assessing Department.
3. Four paved parking spaces shall be provided on the property at 569 W. Webster.
4. The two single family homes are properly registered, certified and occupied within one year.
5. This variance becomes null & void if either of the structures become damaged or destroyed to the
point they are no longer considered a legal nonconforming structure, as defined in Section 2203:
Nonconforming Structures.
6. That the additions to the property must be complete within one year (Sec. 2504) or the variance is
void.
Hearing Case 2010-007: Request for a variance from the minimum lot area requirements in Section:
1100(11), to allow a residential use as part of a building located on a parcel in a B-2 Convenience &
Comparison Business District.
BACKGROUND:
Applicant: Stephan Holdeman
Property Owner: Same
Property Address(location): 1996 W. Sherman Blvd.
Zoning: B-2 Convenience & Comparison Business
Current Land Use: Office & retail spaces
Request: A variance request to reduce the required lot size to allow the occupation of a portion of the
building at the above address for occupancy as a residential living unit.
.
STAFF OBSERVATIONS
1. Zoning of adjacent parcels are R-1 Single Family Residential to the east along W. Sherman, B-1:
Limited Business directly to the north and B-2 Convenience & Comparison Business District to the
West across McCracken.
2. This case is the result of ongoing discussions between the property owner and city staff members
and ultimately a court complaint filed by the city requesting injunctive relief.
3. On June 30th, 2010, I accompanied a city inspector investigating a tenant complaint and we went into
the residential living unit in the building, this unit is labeled 1984. Upon my return to our office my
research confirmed that there has never been a Certificate of Compliance issued to this residential
unit nor permits for the conversion from commercial use.
4. Because it has long been a source of continued problems and misunderstandings with this property,
it is very important to note that the applicant continues to refer to the building using various postal
addresses, instead of the single legal address for the property, which is 1996 W. Sherman Blvd. The
application for the two variances incorrectly used the postal address or unit number assigned to the
portion of the building that has been converted to residential use. The address on the application was
corrected by staff and initialed.
5. The B-2 ordinance language allows for a residential use as part of a building in this zone, if it has
been issued a Certificate of Occupancy from the Inspections Department and meets the minimum lot
requirements for the RM-2 District.
6. This parcel of land is 10,625 square feet in size; the minimum lot size required for parcels in the
RM-2 District is 14,520 square feet in size. This lot is then 3895 square feet too small in area to
allow a residential unit to be part of this building.
7. The property owner claims that the residential unit had a permit for its conversion in February 1994,
city staff disagrees with this belief. Regardless of this disagreement, the ordinance language
regarding lot size was the same at that time, as it is now, and the parcel has never met the two
requirements which allow residential uses as part of a building in the B-2 District. With that said,
this property was formerly zoned B-1, until September 2003, even when zoned B-1 it did not meet
the minimum qualifications to allow a residential unit as part of the building in a B-1 District. The
B-1 District language requires that the residential unit be issued a Certificate of Occupancy from the
Inspections Department and the parcel of land meets the minimum lot requirements for the RM-1
District. This minimum lot size is 10,890 square feet. Since the current lot is 10,625 square feet, the
parcel was 265 square feet too small to allow a residential use, even when it was previously zoned
B-1.
8. Additionally, Mr. Holdeman owns 2572 McCracken, which is the property directly to the north of
this parcel. The McCracken parcel has a former dentist office located on it and a gravel parking
area, it is currently zoned B-1 Limited Business. Staff has repeatedly tried to explain to Mr.
Holdeman that he could split the McCracken parcel giving just enough land to 1996 W. Sherman to
make it conforming and allow it to have a residential unit. Furthermore, Mr. Holdeman’s attorney
has informed us that Mr. Holdeman is in the process of converting the former dentist office back into
a residential unit. Since no permits have been applied for we can’t verify these actions, but if it is in
fact Mr. Holdeman’s course of action, it would be an illegal conversion and then render the
McCracken property legally unusable, either as a residence or as a B-1 use, or even as a parking lot
for overflow to 1996 W. Sherman.
9. The submitted site plan is incorrect in its depiction of parking spaces. When staff visited the site on
October 22nd. and inspected the exterior I found 13 parking spaces faintly outlined with old striping.
Each space is approximately 9 feet wide. Our ordinance only requires parking spaces to be a
minimum of 8 feet wide.
10. Without expansion of this property, by combining land from the adjacent parcel, it appears the
owner has not applied for all the variances that may ultimately be needed. Since there are no
dimensions on the site plan staff could not verify the maneuvering lane width and parking space
sizes but after my site visit, it appears the property will not have the required 22 feet of lane width
for two-way traffic and still have 8 x 18 foot parking spaces as required.
11. Staff has suggested that the proper course of action to resolve all current and probable new issues
with both of these properties, based upon the information staff now has, without any variance
requests or court actions, would be as follows:
a. Split the McCracken property and give approximately 4000 square feet to 1996 W.
Sherman. The remaining McCracken lot would be 8825 Square feet which is well above
the required 6000 square feet for an R-1 zoned lot and above the required 4,000 that is
required for a B-1 zoned lot. This would give the Sherman lot more than the 14,520
Square feet that is required and increase the parking area to comply with the current
parking needs along with some extra parking in case of different uses in the 1996 W.
Sherman Building. Changes in uses can increase the parking that is required.
b. Request to rezone the small sliver of land that has been joined from the McCracken
property to the Sherman property from B-1 to B-2 so it is the same zone as the building.
c. Request the rezoning of 2572 McCracken to R-1 Single Family residential if the owner’s
intent is for it to be a residential unit again. This would allow the property owner to
pursue the proper permits and it could eventually become legally occupied as a
residential unit and leave it with a place for a legal parking area of two vehicles.
8. Mr. Holdeman has been resistive to this solution or any form of it in the past, and has expressed his
desire to seek a variance instead.
9. Staff has not received any public comments.
Application Page 1:
Explanation of Variance Request:
Page Two :
Notification Map:
Site Plan:
Marketing Brochure:
Building Photos:
Ordinance Excerpts (Emphasis Added):
ARTICLE XI - B-2 CONVENIENCE AND COMPARISON BUSINESS DISTRICTS
PREAMBLE
The B-2 Convenience and Comparison Business Districts are designed for the convenience and
community shopping needs of residents in the Muskegon Area, and they are intended to be located in
planned groups near the intersection of major thoroughfares. All business establishments shall be retail
or service establishments dealing directly with consumers, and all goods produced on the premises shall
be sold at retail on the premises where produced. All business, servicing or processing, except off-street
parking or loading, shall be conducted within a completely enclosed building, unless otherwise provided
by this Ordinance and specifically approved by the City.
SECTION 1100: PRINCIPAL USES PERMITTED
11. Residential uses as part of a building in this business zone shall be allowed upon issuance of a
Certificate of Occupancy from the Department of Inspections, but provided that the minimum
lot area requirements of the RM-2 District are met.
ARTICLE X - B-1 LIMITED BUSINESS DISTRICTS
PREAMBLE
The B-1 Limited Business Districts are designed primarily for the convenience of persons residing in
adjacent residential areas or neighborhoods, and to permit only such uses as are necessary to satisfy
those limited basic, daily shopping and/or service needs, which by their very nature are not similar to the
shopping patterns of the B-2 convenience and Comparison, B-3 Central Business District, and B-4
General Business Districts. B-1 Districts are also intended to be utilized at planned locations in the City
as zones of transition between major thoroughfares and residential areas, and between intensive
nonresidential areas and residential areas. In the B-1 District all business establishments shall be retail
and/or service establishments dealing directly with consumers. All goods produced on the premises
shall be sold at retail on the premises where produced. All business, servicing or processing, except off-
street parking or loading, shall be conducted within a completely enclosed building, or in an area
specifically approved by the City.
SECTION 1000: PRINCIPAL USES PERMITTED
In a B-1 Limited Business District no building or land shall be used and no building shall be erected,
structurally altered, or occupied except for one (1) or more of the following specified uses, unless
otherwise provided for in this Ordinance:
5. Residential uses as part of a building in this zone shall be allowed upon issuance of a
Certificate of Occupancy from the Department of Inspections, provided that the minimum lot
area requirements of the RM-1 District are met.
Table 1:
DETERMINATION:
The following motion is offered for consideration:
I move that the variance request from Section 1100 (item 11) permitting a reduction in the required lot
size from the RM-2 District area of 14,520 square feet, to 10,625 square feet, be (approved/denied),
based on the following review standards (found in Section 2502 of the Zoning Ordinance) subject to
conditions (only if approved):
a. That the property (could not/could) be used (put to a reasonable use) for the purposes permitted
in that zone district.
b. That the plight (is/is not) due to unique circumstances peculiar to the property and (not/instead)
to general neighborhood conditions.
c. That the proposed use (would not/would) alter the essential character of the area and (will
not/will) materially impair the purposes of this ordinance or the public interest.
d. That the alleged hardship (is/is not) caused by the Ordinance and (has not/has) been created by
any person presently having an interest in the property, or by any previous owner.
e. That the alleged hardship (is not/is) founded solely upon the opportunity to make the property
more profitable or to reduce expense to the owner.
f. That the requested variance (is/is not) the minimum action required to eliminate the hardship.
g. That the use variance (does not/does) permit a use specifically identified by this Ordinance as a
use excluded from the particular zone in which requested.
h. The use (does/does not) seriously threatens the health of future residents or neighbors.
i. The use (is/is not) a nuisance per se, or the use in that particular location (constitutes/does not
constitute) a nuisance.
CONDITIONS
1. The variance is recorded with the deed to keep record of it in the future.
2. A new site plan is provided to staff that meets ordinance requirements and becomes approved,
showing the required number of parking spaces with dimensions of the parking spaces indicated and
dimensions of the fire & maneuvering lanes.
3. This variance is valid for the final approved site plan and submitted floor plan on record with this
case.
4. That the additions to the property must be complete within one year (Sec. 2504) or the variance is
void.
Hearing Case 2010-008: Request for a variance from Section 2326: Off Street Parking and Loading, to
reduce the number of parking spaces required from 13 to 12 spaces at, 1996 W. Sherman Blvd.
BACKGROUND:
Applicant: Stephan Holdeman
Property Owner: Same
Property Address(location): 1996 W. Sherman Blvd.
Zoning: B-2 Convenience & Comparison Business
Current Land Use: Office & retail spaces
Request: A variance request to reduce the required number of parking spaces.
.
STAFF OBSERVATIONS
1. Zoning of adjacent parcels are R-1 Single Family Residential to the east along W. Sherman, B-1:
Limited Business directly to the north and B-2 Convenience & Comparison Business District to the
West across McCracken.
2. This case is the result of ongoing discussions between the property owner and city staff members
and ultimately a court complaint filed by the city requesting injunctive relief.
3. Because it has long been a source of continued problems and misunderstandings with this property,
it is very important to note that the applicant continues to refer to the building using various postal
addresses, instead of the single legal address for the property, which is 1996 W. Sherman Blvd. The
application for the two variances incorrectly used the postal address or unit number assigned to the
portion of the building that has been converted to residential use. The address on the application was
corrected by staff and initialed.
4. Staff requested that a floor plan and site plan be submitted regarding the two variance requests
before the ZBA today. As part of our staff review, the Zoning Administrator was asked to determine
the number of parking spaces that would be required of this property, based upon the floor plan that
was submitted. The Zoning Administrator has determined that 13 parking spaces will be necessary,
for the uses shown.
5. The submitted site plan and request indicates that there will be 12 parking spaces if the variance is
granted. Unfortunately, staff counted 13 parking spaces on the site where the striping was still
visible at the time we made our site visit. This would place the property in compliance with the
number of spaces required for the uses shown. Staff is not sure why this request is being made since
the current 13 spaces are an average of 9 feet in width and meet our 8 foot minimum width
requirement. Possibly the property owner had planned to reconfigure the straight parking areas to an
angled parking area? A better site plan is needed to determine what is being requested.
6. Because the proper dimensions were not included on the site plan, staff measured the parking spaces
and the maneuvering lane width. Parking spaces must be a minimum of 8 x 18 feet in size and
maneuvering lanes must be at least 22 feet for two way traffic or 12 feet in width if restricted to one
way traffic circulation. During our staff visit to the location we found that there is not enough room
to fit an 18 foot parking space and a 22 foot maneuvering isle between the existing pavement end
and the overhang of the entranceway roof lines to the building units’ rear doors.
7. As outlined in the staff report for the previous variance request, if the property owner increased the
lot size of the parcel at 1996 W. Sherman, there would be enough room to expand the parking lot by
the foot or so needed to have legal size parking spaces, the correct number of spaces and correct
width of the maneuvering lanes. If this was done by the property owner, no parking variance would
be required.
8. Staff has included photos of the alley along the east side of the building to show the severe visibility
problems associated with attempting to utilize a one way traffic approach to the parking area. It
appears to be in the best interest of safety to utilize the McCracken entrance as a two way entrance
as much as possible.
9. Staff has not received any public comments.
Application Page 1:
Explanation of Variance Request:
Page Two :
Notification Map:
Site Plan:
Marketing Brochure:
Building Photos:
Ordinance Excerpts (Emphasis Added):
SECTION 2326: OFF-STREET PARKING AND LOADING [amended 2/02]
1. Intent: It is the intent of this section that off-street parking spaces shall be provided and
adequately maintained by each property owner in every district for the parking of motor vehicles
for the use of occupants, employees and patrons of each building and premise constructed,
altered, or enlarged under the provisions of this Ordinance.
2. Scope: At the time any building or structure is erected, enlarged or increased in capacity,
or a new land use is established, off-street parking spaces for new or additional
development shall be provided according to the requirements of this section and Table IB.
3. Parking and Loading Plan Review: Whenever three (3) or more vehicle parking spaces are
required for a given use of land, plans, specifications for the construction or alteration of an off-
street parking area shall be submitted for approval by the Zoning Administrator before a
development permit is issued. Such plans and specifications shall indicate the location, precise
use of buildings, size, design, surfacing, marking, lighting, drainage, curbing and curb cuts,
entrances, exits, landscaping, and other detailed features as required by the provisions and
standards of this zoning ordinance and other applicable laws and rules.
4. Parking Areas Existing Before the Effective Date of This Ordinance: No parking area or parking
space or loading area which exists at the time this Ordinance becomes effective shall be
relinquished or reduced in any manner below the requirements established by this Ordinance.
5. Uses of Parking Areas: Parking spaces and loading areas shall be used exclusively for the
parking of vehicles associated with a building, structure or land use in a manner consistent with
the purpose for which it is designed. No commercial activity or selling of any kind shall be
conducted within required parking areas. Permitted temporary uses may operate in overflow
parking areas or setback areas provided no clear vision or other safety hazard is present.
Vehicles shall not be repaired, stored, or displayed for sale or hire in parking lots unless the
principal use is classified for such uses.
6. Design and Access Standards: Multi-family, commercial and industrial land use areas shall meet
the screening, landscaping, and lighting standards of this ordinance.
7. Maintenance Standards: Parking and loading areas in all districts shall be paved, marked and
defined by curbing or curb stops.
8. Maximum Parking: The maximum amount of parking permitted for any use or group of uses
shall not exceed the minimum parking requirements by more than one-third (33%)
9. Loading Space Required: In order to prevent undue interference with public use of streets,
parking lots and alleys, uses such as manufacturing, storage, warehouse, department store,
wholesale store, retail store, hotel, hospital, laundry, dairy, mortuary, and other uses similarly
and customarily receiving or distributing goods by motor vehicle shall provide space on the
premises for that number of vehicles that will be at the premises at the same time on an average
day of full use. Loading spaces shall:
a. Be provided as area additional to off-street parking space and shall not be considered as
supplying off-street parking space.
b. Not interfere with fire access.
c. Provide adequate space for standing, loading, and unloading services and be not less than
twelve (12) feet in width, twenty-five (25) feet in length, and fourteen (14) feet in height,
open or enclosed, for similar uses similarly involving the receipt or distribution by
vehicles of materials or merchandise.
d. Have access provided as directly as possible from a public street or alley and be arranged
so as to provide sufficient off-street maneuvering space.
10. Joint Use of Parking Areas: The joint use of parking facilities by two or more uses may be
allowed whenever such use is practical and satisfactory to each of the uses intended to be served,
and when all requirements for location, design, and construction are met.
a. Computing Capacities: In computing capacities of any joint use, the total space
requirement is the sum of the individual requirements that will occur at the same time
each day. If space requirements for individual uses occur at distinctly different times, the
total of such off-street parking facilities required for joint or collective use may be
reduced by the Planning Commission below the same total of the individual space
requirements.
b. Record of Agreement: A copy of an agreement between joint users shall be provided to
the City. The agreement shall include provisions which assure continued long-term use
and maintenance of the parking facility by each party, and their successors in interest,
including owners and occupants of the premises which are served by the parking facility.
11. Dimensional Requirements: Each parking space shall be a minimum of eight (8) feet wide by
eighteen (18) feet long. Maneuvering isles shall be a minimum of twelve (12) feet wide for one-
way traffic and twenty-two (22) feet for two-way traffic. Excessively wide isles shall not be
permitted.
12. Downtown Parking Overlay District: A downtown parking overlay district is hereby created as
outlined in Figure 23-2. Within said overlay area is permitted the following: [amended 2/03]
[amended 6/07]
a. In the downtown parking overlay district only, all land uses, except residential, may use
on-street parking for up to thirty percent (30%) of their required parking area.
b. In the downtown parking overlay district, shared parking agreements are encouraged.
Parking areas for other than single or two-family residential uses may be located up to
1,000 feet from the building they are intended to serve and may be provided in any
zoning district except the R-1 district.
c. In the downtown parking overlay district only, the required number of residential parking
spaces shall be 1.5 per dwelling unit.
13. In all areas except for the downtown parking overlay district, off-street parking for nonresidential
uses shall be either on the same property or on a property zoned to permit parking areas. The
parking area shall be within three hundred (300) feet of the building it is intended to serve, measured
from the nearest point of the building to the nearest point of the off-street parking lot. [amended
2/03]
Figure 23-2: Downtown Parking Overlay District
TABLE IB: PARKING STANDARDS
NUMBER OF MINIMUM PARKING
USE
SPACES PER UNIT OF MEASURE
RESIDENTIAL & RELATED USES
One (1) space for each sleeping room, plus
Bed and breakfast operations
two (2) spaces for permanent residents.
One (1) space for each bedroom or each two
Boarding houses, fraternities, sororities (2) occupants of the structure, whichever is
greater.
Community residential care facilities < 6 persons Four (4) spaces.
One (1) space for each four (4) beds, plus
Convalescent homes, convents or similar uses
one (1) space for every three (3) employees.
Two (2) spaces for each mobile home site,
Mobile home parks plus one (1) space for each mobile home
park employee.
Multiple family dwellings Two (2) spaces for each dwelling unit.
Single and two family dwellings Two (2) spaces for each dwelling unit.
CIVIC, NONPROFIT, INSTITUTIONAL, PUBLIC & PRIVATE RECREATION &
RELATED USES
Educational and social institutions:
• Auditoriums and gyms (incidental to) schools,
One (1) space for each six (6) seats, plus
churches, & institutional buildings of similar
one (1) space for every two (2) employees.
use with fixed seats
• Auditoriums (other than incidental to schools
and churches), lodge halls, fraternal One (1) space for every six (6) persons of
organizations, private clubs, public meeting legal capacity as established by fire,
halls, community centers, or buildings of building or health codes.
similar use without fixed seats
One (1) space for each four hundred (400)
• Charitable or philanthropic organizations
sq. ft. of usable floor area.
Two (2) per classroom, plus separate
• Elementary and junior high schools parking where the school contains an
auditorium and/or stadium or gym.
One (1) space for every employee, plus one
• High schools and colleges
(1) space for each five (5) students.
One (1) space for each three (3) patient
• Hospitals, sanitariums beds, plus one (1) space for each three (3)
employees.
One (1) per employee and one (1) per six
• Orphanages
(6) beds.
One (1) space for every eight hundred (800)
Libraries, museums, post offices sq. ft. of usable floor area, plus one (1)
space for every four (4) employees.
Nursery school, home day care or child care One (1) space for each four hundred (400)
centers sq. ft. of usable floor area.
Private golf clubs, swimming pool clubs, tennis One (1) space for every two (2) member
clubs, lodges or other similar uses families or individuals, plus spaces required
for each accessory use, such as a restaurant
or bar.
One (1) space for each four hundred (400)
Municipal buildings
sq. ft. of usable floor area.
One (1) space for each six (6) seats or
Religious institutions: Churches or temples twelve (12) feet of pews in the main unit of
worship.
One (1) space per four hundred (400) sq. ft.
Utility and public service installations
of gross floor area.
COMMERCIAL & RELATED USES
Automatic Teller Machine (ATM) (free standing,
Two (2) spaces per machine.
not applicable when associated with another use)
Automobile service and repair garages, gasoline
Three (3) spaces for each repair and service
filling and service stations (see convenience retail
stall, plus one (1) space for every employee.
establishments)
Two (2) spaces for each of the first two (2)
Barber shops and beauty parlors beauty or barber chairs, and one-half (1/2)
space for each additional chair.
Business service establishments:
• Advertising and mailing
• Banks/credit unions (excluding One (1) space for every four hundred (400)
drive-thrus) sq. ft. of useable floor area.
• Employment services
• Investment companies
• Real estate companies
One (1) space per three-hundred (300) sq.
Business, vocational or trade schools
ft. of gross floor area.
One (1) space per every three persons
Catering service rental hall
permitted in the structure by fire code.
One (1) space for each fifty (50) sq. ft. of
Clinics and professional offices of doctors, usable floor area in waiting rooms, and one
dentists, or similar professions (1) space for each examining room, dental
chair, or similar use area.
Clothing, furniture, appliance, hardware, shoe
One (1) space for every four hundred (400)
repair, personal services (other than beauty and
sq. ft. of usable floor area.
barber shops), and other retail
One (1) space for every two (2) storage
Mini-storage units (adjacent to the units) plus one for
each employee
Three (3) spaces per each one thousand
Convenience retail establishments
(1,000) sq. ft. of gross floor area.
Space for five (5) cars between the sidewalk
area and the pickup window, and one (1)
Drive-through banks, cleaners, drug stores, and
space for every four hundred (400) sq. ft. of
similar businesses
usable floor area if there is no customer
space inside.
Food Service Establishments:
One (1) space per fifty (50) sq. ft. of eating
• Drive-through restaurants or fast-food
area, plus one (1) space for each employee
establishments
on the largest working shift.
• Carry-out food or walk-up establishment
including bakeries, ice cream shops and One (1) space for each employee, plus ten
delicatessens if carry-out only, or if all seating (10) spaces.
is exterior only.
• Restaurant or establishment for sale and
consumption of beverages, food or One (1) space for each two (2) persons
refreshments on the premises including drive- allowed within the maximum occupancy
in, but not including drive-through, load as established by the fire marshal.
restaurants
One (1) space for every twenty-five (25) sq.
Funeral homes and mortuaries ft. of usable floor area of chapels and
assembly rooms.
Antique shop, household equipment, showroom One (1) space for each eight hundred (800)
of a plumber, decorator, electrician or similar sq. ft. of usable floor area, plus one (1)
trade, and other similar uses (including resale additional space shall be provided for each
shops but not flea markets) two (2) persons employed therein.
One (1) space for each four hundred (400)
Garden or nursery center, greenhouse (if it has sq. ft. of usable floor area, plus one (1)
retail sales) space for each two thousand (2,000) sq. ft.
of exterior sales area.
One (1) space for every four hundred
General offices
(400) sq. ft. of usable floor area.
General retail stores, except otherwise One (1) space for every three hundred
specified herein (300) sq. ft. of usable floor area.
One (1) space for each four hundred (400)
Health or fitness club
sq. ft. of usable floor area.
One (1) space for each guest room, plus one
Hotels, motels (1) additional space for every five (5)
employees.
One (1) space for each five (5) washing
Laundromats and coin operated dry cleaners
and/or dry-cleaning machines.
One (1) space per three (3) students at any
Music, dance, martial arts and voice schools
one time.
c.
One (1) space per three thousand (3,000) sq.
ft. of exterior sales area, except for open air
Open air business flea markets which require one (1) space for
each three hundred (300) sq. ft. of exterior
sales area.
Office supply, factory and mill supplies, and One (1) space for each four hundred (400)
related activities sq. ft. of gross floor area.
One (1) space per four hundred (400) sq. ft.
Personal service establishment (other than beauty of retail sales area, and one (1) space for
or barber shop) each four hundred (400) sq. ft. of service
area.
One (1) space for each four hundred (400)
Planned commercial or shopping center
sq. ft. of usable floor area.
One (1) space for each four hundred (400)
Repair services sq. ft. of usable floor area, plus one (1)
space for each employee.
One (1) space for every two hundred (200)
Supermarket, self-service food store
sq. ft. of usable floor area.
One (1) space for every seventy-five (75)
sq. ft. of usable floor area, or one (1) space
Taverns, bars
for every three (3) seats, whichever is
greater.
One (1) space for each one (1) employee.
In addition, reserved parking spaces equal
in number to two (2) times the maximum
capacity of the vehicle wash. Maximum
capacity of the vehicle wash shall mean the
Vehicle wash (automatic)
greatest number of vehicles possibly
undergoing some phase of washing at the
same time, which shall be determined by
dividing the length in feet of each wash line
by twenty (20).
Two (2) stacking spaces for each washing
Vehicle wash (self-service or coin operated)
stall, in addition to, the stall itself.
INDOOR ENTERTAINMENT
One (1) space per game, provided that
where such games are an accessory use, one
Video or pinball arcade or similar uses
(1) space is required for each game above
four (4) games.
One (1) space for each three (3) seats or one
Bingo parlor (l ) per two hundred (200) sq. ft. of usable
floor area, whichever is greater.
d.
Five (5) spaces for each alley, plus one (1)
space for each employee, plus spaces for
Bowling alleys
each accessory use, such as a bar or
restaurant.
One (1) space for each two (2) persons
allowed within the maximum occupancy
Dance halls, pool and billiard rooms, exhibition load as established by fire, building or
halls, roller and ice skating rinks health codes, plus one (1) space for every
three (3) seats of spectator seating (one seat
equals two feet of bench length).
Three (3) spaces per court, plus one (1)
space per employee on the largest shift, plus
spaces for any other principal or accessory
Indoor racquet courts
uses, plus one (1) space for every three (3)
seats of spectator seating (one seat equals
two feet of bench length).
One (1) space for each three (3) seats, plus
Theaters and commercial auditoriums
one (1) for each two (2) employees.
OUTDOOR ENTERTAINMENT
Five (5) spaces per employee where it is the
principal use; where it is an accessory use,
Boat, canoe, jet ski and bicycle rental parking may be waived partially or wholly
in the discretion of the Zoning
Administrator.
Two (2) dust free 10'x30' spaces for every
Commercial Campgrounds
campsite.
Four (4) spaces for each hole, plus one (1)
Golf courses open to the public, except Miniature space for each employee, plus required
or “Par 3” courses spaces for each accessory use, such as a
restaurant or bar.
One (1) space for each tee, plus one (1)
Golf driving range space for each employee on the largest work
shift.
One and one-half (1-1/2) spaces per boat
Commercial Marinas
mooring slip.
Three (3) spaces for each hole, plus one (1)
space for each employee, plus required
Miniature or “Par 3” golf courses
spaces for each accessory use, such as a
restaurant or bar.
Three (3) spaces, plus three (3) spaces per
Racquet sports court or one (1) per three (3) spectator seats,
whichever is greater.
One (1) space for every four (4) seats or six
Stadiums and sport arenas
(6) feet of benches.
e.
Two (2) spaces per three (3) seats on
Theme park, scenic area, amusement ride, water amusement rides or twenty (20) spaces per
slide, go cart track and similar uses ride or attraction with no specific or defined
seating.
INDUSTRIAL & RELATED USES
One (1) space per each service bay and
Auto body/paint shop
employee.
One (1) space per employee, plus one (1)
Contract construction uses
space per company vehicle.
Dangerous chemical manufacturing, storage One (1) space per employee on the largest
and/or distribution shift.
One (1) per employee, plus one (1) per each
Incinerators and recycling centers
simultaneous truck.
One space for every two (2) employees for
industries working two (2) or more shifts.
Industrial or manufacturing establishments,
One space for every three (3) employees for
testing laboratories, creameries, bottling works,
industries working one shift or one space
printing and engraving shops
for every 400 square feet of gross floor area,
whichever is greater.
One (1) space for every two (2) employees
for industries working two (2) or more
shifts. One (1) space for every three (3)
Industrial service establishments employees for industries working one (1)
shift, or one (1) space for every four
hundred (400) sq. ft. of gross floor area,
whichever is greater.
One (1) space per four hundred (400) sq. ft.
Medical or dental laboratories
of gross floor area.
One (1) space per employee on the largest
Research and development establishments
shift.
One (1) space for every eight hundred (800)
Wholesale trade establishments and warehouses square feet of net floor area.
PLANNED UNIT DEVELOPMENTS
Planned Unit Developments: Parking standards shall be established by
• Commercial the Planning Commission after receiving
• Industrial Park the recommendation of the Zoning
• Institutional Administrator based on the mix of proposed
• Mixed use uses compared to the standards for those, or
• Residential the most similar uses in this schedule.
DETERMINATION:
The following motion is offered for consideration:
I move that the variance request from Section 2326: Off Street Parking and Loading, to reduce the
number of required parking spaces from 13 to 12 spaces, be (approved/denied), based on the following
review standards (found in Section 2502 of the Zoning Ordinance) subject to conditions (only if
approved):
a. That the property (could not/could) be used (put to a reasonable use) for the purposes permitted
in that zone district.
b. That the plight (is/is not) due to unique circumstances peculiar to the property and (not/instead)
to general neighborhood conditions.
c. That the proposed use (would not/would) alter the essential character of the area and (will
not/will) materially impair the purposes of this ordinance or the public interest.
d. That the alleged hardship (is/is not) caused by the Ordinance and (has not/has) been created by
any person presently having an interest in the property, or by any previous owner.
e. That the alleged hardship (is not/is) founded solely upon the opportunity to make the property
more profitable or to reduce expense to the owner.
f. That the requested variance (is/is not) the minimum action required to eliminate the hardship.
g. That the use variance (does not/does) permit a use specifically identified by this Ordinance as a
use excluded from the particular zone in which requested.
h. The use (does/does not) seriously threatens the health of future residents or neighbors.
i. The use (is/is not) a nuisance per se, or the use in that particular location (constitutes/does not
constitute) a nuisance.
CONDITIONS
1. The variance is recorded with the deed to keep record of it in the future.
2. A new site plan is provided to staff and is approved, showing the required number of parking spaces
with dimensions of the parking spaces indicated and dimensions of the fire & maneuvering lanes.
3. This variance is valid for the final approved site plan and submitted floor plan on record with this
case.
4. That the additions to the property must be complete within one year (Sec. 2504) or the variance is
void.