Zoning Board of Appeals Packet 06-08-2010

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                                               CITY OF MUSKEGON
                                            ZONING BOARD OF APPEALS
                                                REGULAR MEETING

DATE OF MEETING:                           June 8, 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 June 9, 2009

III.      Election of Chairman and Vice Chairman

IV.       PUBLIC HEARINGS

A.     Hearing Case 2010-001: Request for a variance from Section 2334: Signs, to allow a sign to
       be erected, exceeding the allowed size limit, at 650 Terrace Point Drive, by Jonathon Rooks,
       Parkland Acquisitions.
B.     Hearing Case 2010-002: Request for a variance from Section 2334: Signs, to allow
       placement of an off-premise sign, to be located at 650 Terrace Point Drive. This request is
       for the Lake House Restaurant located at 730 Terrace Point Dr., by Jonathon Rooks,
       Parkland Acquisitions.
C.     Hearing Case 2010-003: Request for a variance from Section 2334: Signs, to allow
       placement of an off-premise sign to be located at 650 Terrace Point Drive. This request is for
       the Shoreline Inn and Conference Center located at 750 Terrace Point Dr., by Jonathon
       Rooks, Parkland Acquisitions.
D.     Hearing Case 2010-004: Request for a variance from Section 2334: Signs, to allow
       placement of an off-premise sign to be located at 650 Terrace Point Drive. This request is for
       the Terrace Point Marina located at 770 Terrace Point Dr., by Jonathon Rooks, Parkland
       Acquisitions.

IV.       OLD BUSINESS

V.         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


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                                          CITY OF MUSKEGON
                                       ZONING BOARD OF APPEALS
                                            STAFF REVIEW

                                                      June 8, 2010

Hearing Case 2010-001: Request for a variance from Section 2334: Signs, to allow
construction of a sign larger than that allowed in Table 1.
BACKGROUND:
Applicant: Jon Rooks, Parkland Associates, LLC.

Property Owner: Same

Property Address(location): 650 Terrace Point Dr.

Zoning: B-2, Convenience and Comparison Business

Current Land Use: Vacant property

Request: A variance request to allow the construction of a free standing sign structure hosting
off-premise signage, which exceeds the allowed maximum area in Table II.
.
STAFF OBSERVATIONS
1. Zoning of adjacent parcels are B-2, Convenience and Comparison Business with WM,
   Waterfront Marine to the east and west and B-3, Central Business to the south.
2. This parcel is located between Terrace Point Drive and the railroad tracks running parallel to
   Shoreline Dr. with 750 feet of actual road frontage along Terrace Point Dr.
3. The original Terrace Point Drive was aligned with First Street at Shoreline Drive but was re-
   routed to align with Third Street in 1993. This change and the subsequent recreation of the
   hills eliminated much of the line of sight the three businesses enjoyed for motorists travelling
   Shoreline.
4. The free standing signage normally allowed for this parcel would be 200 square feet in area
   and the proposed sign is 289 square feet in area.
5. The proposed sign will be in a V configuration with two faces. To qualify as one sign they
   must be connected at the center of the V and the least angle of intersection must not exceed
   90 degrees.
6. The proposed signage panels are not allocated to specific properties; this will allow any
   changes in use by one entity or another to be accommodated, without the need for a new
   variance request. Additionally, this would allow all three off-premise entities to have
   space/time on the electronic message board, as needs may dictate and the owner desires.
7. If granted, this variance for an additional sign structure would not be considered the one free
   standing sign allowed for 650 Terrace Point Dr as long as it is used for off-premise sigange.

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    If there is a need for a freestanding sign for a future development at 650 Terrace Point Dr.,
    that parcel would still be entitled to one free standing sign of the size allowed by the
    ordinance in place at the time of the request.
8. Our ordinance provides for a free standing size allotment which is based upon the linear
   frontage of a parcel along the road right of way. This allotment is then calculated using
   Table II of the ordinance.
9. Table II is designed to allow an increase in a properties free standing signage allotment for
   every ten feet of additional road frontage the property has. The maximum sign allotment
   peaks at 470 feet, or more, of linear road frontage, this allows a maximum signage area of
   200 square feet, but does not allow larger signage area for properties with the longer
   frontages.
10. While this property has visual frontage along Shoreline Drive, there is a city bike path and
    railroad right of way between the road and the property line of this parcel. Because of these
    properties, the owner may not use this as the road frontage for sign calculations. With the
    current Table II there would be no benefit to using this frontage in any case.
11. The proposed sign would be 25 foot 3 inches above the grade, at the point on the site plan
    where it will be installed. Under the provisions of Table II the sign could be up to 30 feet in
    height above grade. Because of the topography of this parcel, the property owner may not
    need to have the sign any higher above grade but could go up to 30 feet above grade.
12. The oversize sign is being requested to accommodate off-premise signage for 3 properties
    that are located on the other side of Terrace Point Dr. from this property. Signage installed
    on these 3 properties, that would meet our code requirements, would have very limited
    visibility due to the topography of the area. All of these properties are currently owned by
    the same entity.
13. The fourth panel on the sign will be used by the owner for one of his existing business
    properties, but in the future, it could be used to help motorists looking for the former SPX
    building. If this became a consideration, the owner of that property would have to seek their
    own variance for off-premise signage.
14. The sign structure would contain an electronic message board that would be required to meet
    our ordinance requirements, including being required to dim at dusk.




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15. Application Page 2:




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Site Plan:




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New 1993 Roadway Configuration:




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Sign Depictions:




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Notification Map:




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                                    Approximate Proposed Sign Location:




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Looking toward SPX Building from Shoreline Dr.:




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Looking toward Hotel from Shoreline Drive:




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Sign Ordinance Excerpts (emphasis added):


Definitions:
Signs:
         7. Double-Face Sign: A sign, both sides of which are visible and used as signs. A "V"
            type sign shall be considered a double-face sign provided the least angle of
            intersection does not exceed ninety (90) degrees.

B-2 sign Requirements:

4.       Permitted signs in the MC, B-2, B-3, B-4, B-5, I-1, and I-2 zones: [amended 1/04,
         10/05]

         a.        Scope: Signs shall pertain exclusively to the business carried on within the
                   building.

         b.        Lighting: Signs may be illuminated, but no flashing or moving illumination shall
                   be permitted.

         c.        Number: One monument, or pole sign is permitted per property, regardless of
                   the number of businesses there, except that one additional freestanding sign
                   may be erected per road frontage when the development has parallel frontage
                   on at least one major street or corner frontages on at least one major street,
                   totaling over 500 linear feet. Properties with frontage on Muskegon Lake are
                   permitted an additional monument or pole sign on the water frontage only.
         d.        Wall, Awning or Braquet Signs, Size: Signs shall not exceed ten (10) percent of
                   the surface area of the commercial portion of the front building face and may be
                   placed on any wall. In the case where the building is over one hundred feet (100’)
                   from the road, this allotment may be 15% of the front face of the storefront. In
                   the case where the building is over 300 feet from the road, this allotment may be
                   20% of the front face of the storefront. In the case where the property has parallel
                   frontage on at least one major street or corner frontage on at least one major
                   street, this allotment may be 15% of the front face of the storefront.

         e.        Wall, Awning or Braquet Signs, Placement: Signs shall be placed against the
                   principal building or on a canopy. Signs shall not project above the roof line or
                   cornice. No wall sign shall interrupt or conceal the architectural details of a
                   building. A sign attached to a mansard shall be considered a wall sign.

         f.        Changeable copy or electronic message boards: Shall be permitted provided:

                   1)        One changeable or electronic message board shall be permitted per
                             premise.



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                   2)        Changeable copy boards shall be part of a fixed, permanent sign and
                             shall have rigid letters.

                   3)        Electronic message boards shall be dimmed at dusk.

                   4)        Electronic message board supports shall be at least seventy-five (75) feet
                             from any residential use or zone.

         g.        Free-standing signs:

                   1)        Setback: The leading edge of the sign must be out of the public right-of-
                             way. Signs must be a minimum of 10 feet from a neighboring sign.

                   2)        Ground clearance: Ground clearance shall accommodate clear vision
                             needs of the site.

                   3)        Area and Height: All signs shall comply with Table II.



Table II:

                               TABLE II: Sign Area and Height Limitations

           Street Frontage*                            Maximum                                 Maximum
              (linear ft.)                             Sign Area                                Height
             50 and under                                  25                                     15
                  51-60                                    34                                     15
                  61-70                                    38                                     15
                  71-80                                    42                                     15
                  81-90                                    46                                     15
                 91-100                                    50                                     15
                101-110                                    54                                     15
                111-120                                    58                                     15
                121-130                                    62                                     15
                131-140                                    66                                     15
                141-150                                    70                                     15
                151-160                                    74                                     20
                161-170                                    78                                     20
                171-180                                    82                                     20
                181-190                                    86                                     20
                191-200                                    90                                     20
                201-210                                    94                                     20
                211-220                                    98                                     20
                221-230                                   102                                     20
                231-240                                   106                                     20

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                 241-250                                    110                                     20
                 251-260                                    114                                     25
                 261-270                                    118                                     25
                 271-280                                    122                                     25
                 281- 290                                   126                                     25
                 291-300                                    130                                     25
                 301-310                                    134                                     25
                 311-320                                    138                                     25
                 321-330                                    142                                     25
                 331-340                                    146                                     25
                 341-350                                    150                                     25
                 351-360                                    154                                     30
                 361-370                                    158                                     30
                 371-380                                    162                                     30
                 381-390                                    166                                     30
                 391-400                                    170                                     30
                 401-410                                    174                                     30
                 411-420                                    178                                     30
                 421-430                                    182                                     30
                 431-440                                    186                                     30
                 441-450                                    190                                     30
                 451-460                                    194                                     30
                 461-470                                    198                                     30
                 Over 470                                   200                                     30

* Resultant parcels from parcel splits shall comply with these standards.
Frontage for corner parcels with frontage on two major streets shall be averaged.




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DETERMINATION:
The following motion is offered for consideration:

I move that the findings of fact determined by the Zoning Board of Appeals be adopted and that
the variance request to allow construction of a 289 sq. ft. free standing sign used for off-
premise signage of adjacent properties, be (approved/denied), based on the following review
standards (found in Section 2502 of the Zoning Ordinance) and subject to conditions:
a. That there are exceptional or extraordinary circumstances or conditions applying to the
   property in question or to the intended use of the property that do not apply generally to other
   properties or class of uses in the same zoning district.

b. That such dimensional variance is necessary for the preservation and enjoyment of a
   substantial property right possessed by other properties in the same zoning district and in the
   vicinity.

c. That the authorizing of such dimensional variance will not be of substantial detriment to
   adjacent property and will not materially impair the purposes of this chapter or the public
   interest.

d. That the alleged difficulty 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 difficulty 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 difficulty.

CONDITIONS
1. That the additions to the property must be complete within one year (Sec. 2504) or the
   variance is void.
2. The sign is built as shown on the included depiction with staff being allowed to approve
   minor changes that do not enlarge the overall size of the sign.
3. This sign is considered an additional sign for the property and it is not part of the normal sign
   allotment, unless, it is no longer being used for off-premise signage.
4. The variance is recorded with the deed to keep record of it in the future.




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Hearing Case 2010-002: Request for a variance from Section 2334: Signs, to allow off-premise
signage to be placed upon a sign structure located at 650 Terrace Point Dr.
BACKGROUND:
Applicant: Jon Rooks, Parkland Associates, LLC.

Property Owner: Same

Property Address(location): 730 Terrace Point Dr.

Zoning: B-2, Convenience and Comparison Business

Current Land Use: Lake House Restaurant (formerly Rafferty’s)

Request: A variance request to allow off-premise signage to be placed upon a sign structure
located at 650 Terrace Point Dr.
.
STAFF OBSERVATIONS
1. Zoning of adjacent parcels are B-2, Convenience and Comparison Business with WM,
   Waterfront Marine to the east and west and B-3, Central Business to the south.
2. This parcel is located between Terrace Point Drive and Muskegon Lake.
3. The original Terrace Point Drive was aligned with First Street at Shoreline Drive but was re-
   routed to align with Third Street in 1993. This change and the subsequent recreation of the
   hills eliminated any of the line of sight this business may have enjoyed for motorists
   travelling Shoreline.
4. The free standing signage allowed for this parcel would be 138 square feet in area at a
   maximum of 25 feet above grade to the top of a sign, based upon the 315 feet of linear road
   frontage staff believes the property has.
5. The signage area to be used for this property was included in a previous variance request and
   would be limited by the amount of overall signage approved in conjunction with that request.
6. Because this request is for off-premise signage, this property is still entitled to the allowed
   sign allotment for the B-2 zone and the property currently has a small monument style sign
   that is in the process of being updated by the owner to better represent the new restaurant
   name.
7. The restaurant does have a nonconforming off-premise sign allotment located at the
   intersection of Terrace Point Dr. and Shoreline Dr. This currently has the word “Rafferty’s”
   spelled out in two places on the concrete structure.
8. This building and property are secluded and hidden by the large hills located on the property
   to the south of this parcel. Because of the topography of the area to the east, the view of
   motorists, tourists and customers attempting to find the restaurant, is completely blocked.
   This area’s topography renders a normal sign and sign placement to be virtually useless for
   motorists on Shoreline Dr..

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9. The street that runs past this parcel is currently a dead end road and placement of signage
   along this minimally traveled roadway would not assist motorists attempting to find the
   facility, except those already on Terrace Point Dr.. This certainly leads to confusion for
   motorists traveling on the business route into or out of Muskegon. Since this business route
   is heavily travelled, staff feels it may not be safe or in the best interest of the community to
   have confused motorists stopping or travelling slowly along this highway business route,
   while attempting to find their way.




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10. Application Page 2:




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Current Site Plan:




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Sign Depiction:




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Notification Map:




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New 1993 Roadway Configuration:




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Restaurant Front photo:




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                            Looking toward Shoreline Drive from Restaruant:




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Looking toward restaurant and hotel from Shoreline Dr.




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Sign Ordinance Excerpts (emphasis added):

5.       Prohibited Signs (all districts): The following listed signs are prohibited in any zoning
         district of the City: [amended 6/03, 7/05]

         a.        A sign displaying intermittent lights and lights resembling the flashing lights
                   customarily used in traffic signals, or police, fire, ambulance, or rescue vehicle or
                   signs which imitate official traffic directional signs or devices.

         b.        A sign using the words, "Stop", "Danger", or any other words, phrases, symbols,
                   or characters, in such a manner as to interfere with, mislead, or confuse a vehicle
                   driver.

         c.        Signs affixed to trees, shrubs or similar natural features.

         d.        Signs affixed to fences or utility poles or structural elements not capable to
                   support such signs except community promotional banners permitted under
                   “Exempt Signs.” [amended 2/04]

         e.        Any sign which obstructs the ingress or egress from a required door, window, or
                   other required exit.

         f.        Signs on parked vehicles where the sign is the primary use of the vehicle.

         g.        Banners used as permanent signs.

         h.        Temporary signs and devises including inflatable devices, pennants, pinwheels,
                   searchlights or other devices with similar characteristics, except when used
                   temporarily for periods not to exceed fifteen (15) days to announce the opening of
                   a new type of business or use by a new owner.

         i.        Portable “A” frame signs, inverted "T" signs with spider legs, with or without
                   wheels where lettering can be changed, rearranged or altered (see also definition
                   of “portable” sign).

         j.     Signs which overhang or extend into a dedicated public right-of-way without the
         written consent of the city. Any signs which encroach upon the public right-of way do
         not qualify as legal nonconforming signs. Such signs shall be considered an illegal use
         and shall be removed., unless an encroachment agreement was obtained from the City
         Commission.

         k.        Signs that have concrete foundations or other solid anchoring devices that project
                   above the surface of the ground more than 18” (eighteen inches).
         l.        Signs which are painted, placed or constructed directly on or project from a roof.


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         m.        Off-premise signs except billboards regulated herein or tourist oriented
                   directional signs placed in cooperation with the City.

         n.        Signs with visible moving, revolving, rotating parts, or visible mechanical
                   movement of any description or other apparent visible movement achieved by
                   electrical, electronic, or mechanical means.

         o.        Externally illuminated signs which can bleed light, interfere with the city’s “night
                   sky” objectives, cast glare in the public right-of-way distracting drivers, and
                   shining into adjacent residential areas interfering with resident’s enjoyment of
                   their personal property.

DETERMINATION:
The following motion is offered for consideration:

I move that the findings of fact determined by the Zoning Board of Appeals be adopted and that
the variance request to allow off premise signage for this property be (approved/denied), based
on the following review standards (found in Section 2502 of the Zoning Ordinance) and subject
to conditions:
g. That there are exceptional or extraordinary circumstances or conditions applying to the
   property in question or to the intended use of the property that do not apply generally to other
   properties or class of uses in the same zoning district.

h. That such dimensional variance is necessary for the preservation and enjoyment of a
   substantial property right possessed by other properties in the same zoning district and in the
   vicinity.

i. That the authorizing of such dimensional variance will not be of substantial detriment to
   adjacent property and will not materially impair the purposes of this chapter or the public
   interest.

j. That the alleged difficulty 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.

k. That the alleged difficulty is not founded solely upon the opportunity to make the property
   more profitable or to reduce expense to the owner.

l. That the requested variance is the minimum action required to eliminate the difficulty.

CONDITIONS
1. That the additions to the property must be complete within one year (Sec. 2504) or the
   variance is void.
2. The off premise signage is built and located as indicated in ZBA Case 2010-001.
3. The variance is recorded with the deed to keep record of it in the future.


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Hearing Case 2010-003: Request for a variance from Section 2334: Signs, to allow off-premise
signage to be placed upon a sign structure located at 650 Terrace Point Dr.
BACKGROUND:
Applicant: Jon Rooks, Parkland Associates, LLC.

Property Owner: Same

Property Address(location): 750 Terrace Point Dr.

Zoning: B-2, Convenience and Comparison Business

Current Land Use: Shoreline Inn and Conference Center

Request: A variance request to allow off-premise signage to be placed upon a sign structure
located at 650 Terrace Point Dr.
.
STAFF OBSERVATIONS
1. Zoning of adjacent parcels are B-2, Convenience and Comparison Business with WM,
   Waterfront Marine to the east and west and B-3, Central Business to the south.
2. This parcel is located between Terrace Point Drive and Muskegon Lake.
3. The original Terrace Point Drive was aligned with First Street at Shoreline Drive but was re-
   routed to align with Third Street in 1993. This change and the subsequent recreation of the
   hills eliminated any of the line of sight this business may have enjoyed for motorists
   travelling Shoreline.
4. The frontage of this parcel along Terrace Point is not known by staff but it appears to be
   similar or a little less than the allotment for the restaurant which is 138 square feet in area at
   a maximum of 25 feet above grade to the top of a sign, based upon the 315 feet of linear road
   frontage.
5.    The off premise signage area to be used for this property was included in a previous variance
     request and would be limited by the amount of overall signage approved in conjunction with
     that request.
6. Because this request is for off-premise signage, this property is still entitled to the allowed
   sign allotment for the B-2 zone. The property does not currently have a free standing sign.
7. The Hotel has recently updated its nonconforming off-premise signage located at the
   intersection of Terrace Point Dr. and Shoreline Dr. These are two signs attached to a
   concrete structure located on the property owned by Mart Dock.
8. The hotel building can be seen from Shoreline Drive, because of its height, but since the
   building is an unconventional design for a hotel, it can easily be missed. The property where
   a conventional sign would be placed is somewhat secluded and hidden by the large hills
   located on the property to the east of this parcel. Because of the topography of the area to the
   east, the view of motorists, tourists and customers attempting to find the restaurant, is

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    partially blocked. This area’s topography renders a normal sign and sign placement to have a
    minimal impact for motorists travelling on Shoreline Dr..
9. The street that runs past this parcel is currently a dead end road and placement of signage
   along this minimally traveled roadway would not assist motorists attempting to find the
   facility, except those already on Terrace Point Dr.. This certainly leads to confusion for
   motorists traveling on the business route into or out of Muskegon. Since this business route
   is heavily travelled, staff feels it may not be safe or in the best interest of the community to
   have confused motorists stopping or travelling slowly along this highway business route,
   while attempting to find their way.




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10. Application Page 2:




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ZBA Staff Report.doc
Current Site Plan:




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ZBA Staff Report.doc
Sign Depiction:




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ZBA Staff Report.doc
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ZBA Staff Report.doc
Notification Map:




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ZBA Staff Report.doc
New 1993 Roadway Configuration:




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ZBA Staff Report.doc
Hotel Front photo:




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ZBA Staff Report.doc
                           Looking toward Shoreline Drive from rear of hotel:




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ZBA Staff Report.doc
Looking at Hotel from Shoreline Dr.




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ZBA Staff Report.doc
Sign Ordinance Excerpts (emphasis added):

6.       Prohibited Signs (all districts): The following listed signs are prohibited in any zoning
         district of the City: [amended 6/03, 7/05]

         i.        A sign displaying intermittent lights and lights resembling the flashing lights
                   customarily used in traffic signals, or police, fire, ambulance, or rescue vehicle or
                   signs which imitate official traffic directional signs or devices.

         j.        A sign using the words, "Stop", "Danger", or any other words, phrases, symbols,
                   or characters, in such a manner as to interfere with, mislead, or confuse a vehicle
                   driver.

         k.        Signs affixed to trees, shrubs or similar natural features.

         l.        Signs affixed to fences or utility poles or structural elements not capable to
                   support such signs except community promotional banners permitted under
                   “Exempt Signs.” [amended 2/04]

         m.        Any sign which obstructs the ingress or egress from a required door, window, or
                   other required exit.

         n.        Signs on parked vehicles where the sign is the primary use of the vehicle.

         o.        Banners used as permanent signs.

         p.        Temporary signs and devises including inflatable devices, pennants, pinwheels,
                   searchlights or other devices with similar characteristics, except when used
                   temporarily for periods not to exceed fifteen (15) days to announce the opening of
                   a new type of business or use by a new owner.

        ii.        Portable “A” frame signs, inverted "T" signs with spider legs, with or without
                   wheels where lettering can be changed, rearranged or altered (see also definition
                   of “portable” sign).

         j.     Signs which overhang or extend into a dedicated public right-of-way without the
         written consent of the city. Any signs which encroach upon the public right-of way do
         not qualify as legal nonconforming signs. Such signs shall be considered an illegal use
         and shall be removed., unless an encroachment agreement was obtained from the City
         Commission.

         p.        Signs that have concrete foundations or other solid anchoring devices that project
                   above the surface of the ground more than 18” (eighteen inches).
         q.        Signs which are painted, placed or constructed directly on or project from a roof.


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ZBA Staff Report.doc
         r.        Off-premise signs except billboards regulated herein or tourist oriented
                   directional signs placed in cooperation with the City.

         s.        Signs with visible moving, revolving, rotating parts, or visible mechanical
                   movement of any description or other apparent visible movement achieved by
                   electrical, electronic, or mechanical means.

         t.        Externally illuminated signs which can bleed light, interfere with the city’s “night
                   sky” objectives, cast glare in the public right-of-way distracting drivers, and
                   shining into adjacent residential areas interfering with resident’s enjoyment of
                   their personal property.

DETERMINATION:
The following motion is offered for consideration:

I move that the findings of fact determined by the Zoning Board of Appeals be adopted and that
the variance request to allow off premise signage for this property be (approved/denied), based
on the following review standards (found in Section 2502 of the Zoning Ordinance) and subject
to conditions:
m. That there are exceptional or extraordinary circumstances or conditions applying to the
   property in question or to the intended use of the property that do not apply generally to other
   properties or class of uses in the same zoning district.

n. That such dimensional variance is necessary for the preservation and enjoyment of a
   substantial property right possessed by other properties in the same zoning district and in the
   vicinity.

o. That the authorizing of such dimensional variance will not be of substantial detriment to
   adjacent property and will not materially impair the purposes of this chapter or the public
   interest.

p. That the alleged difficulty 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.

q. That the alleged difficulty is not founded solely upon the opportunity to make the property
   more profitable or to reduce expense to the owner.

r. That the requested variance is the minimum action required to eliminate the difficulty.

CONDITIONS
4. That the additions to the property must be complete within one year (Sec. 2504) or the
   variance is void.
5. The off premise signage is built and located as indicated in ZBA Case 2010-001.
6. The variance is recorded with the deed to keep record of it in the future.


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ZBA Staff Report.doc
Hearing Case 2010-004: Request for a variance from Section 2334: Signs, to allow off-premise
signage to be placed upon a sign structure located at 650 Terrace Point Dr.
BACKGROUND:
Applicant: Jon Rooks, Parkland Associates, LLC.

Property Owner: Same

Property Address(location): 770 Terrace Point Dr.

Zoning: B-2, Convenience and Comparison Business

Current Land Use: Terrace Point Marina

Request: A variance request to allow off-premise signage to be placed upon a sign structure
located at 650 Terrace Point Dr.
.
STAFF OBSERVATIONS
1. Zoning of adjacent parcels are B-2, Convenience and Comparison Business with WM,
   Waterfront Marine to the east and west and B-3, Central Business to the south.
2. This parcel is located between Terrace Point Drive and Muskegon Lake.
3. The original Terrace Point Drive was aligned with First Street at Shoreline Drive but was re-
   routed to align with Third Street in 1993. This change and the subsequent recreation of the
   hills eliminated any of the line of sight this business may have enjoyed for motorists
   travelling Shoreline.
4. There would be no free standing signage allowed for this parcel since there is no road
   frontage to calculate the allotment. Any free standing signage would require a variance
   request.
5. The off-premise signage area to be used for this property was included in a previous variance
   request and would be limited by the amount of overall signage approved in conjunction with
   that request.
6. The marina area is secluded and hidden by the large hills located on the property to the south
   of this parcel. Because of the topography of the area to the east, the view of motorists,
   tourists and customers attempting to find the marina and public access area adjacent to the
   marina, is completely blocked. This area’s topography renders a normal sign and sign
   placement to be virtually useless for motorists on Shoreline Dr..
7. The street that runs past this parcel is currently a dead end road and placement of signage
   along this minimally traveled roadway would not assist motorists attempting to find the
   facility, except those already on Terrace Point Dr.. This certainly leads to confusion for
   motorists traveling on the business route into or out of Muskegon. Since this business route
   is heavily travelled, staff feels it may not be safe or in the best interest of the community to
   have confused motorists stopping or travelling slowly along this highway business route,
   while attempting to find their way.

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ZBA Staff Report.doc
8. Application Page 2:




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ZBA Staff Report.doc
Current Site Plan:




O:\Planning\COMMON\Zoning\Zoning Board of Appeals\ZBA Meeting Documents\ZBA 2010\2010 ZBA staff reports\ZBA 06 08 10\6-8-2010
ZBA Staff Report.doc
Sign Depiction:




O:\Planning\COMMON\Zoning\Zoning Board of Appeals\ZBA Meeting Documents\ZBA 2010\2010 ZBA staff reports\ZBA 06 08 10\6-8-2010
ZBA Staff Report.doc
O:\Planning\COMMON\Zoning\Zoning Board of Appeals\ZBA Meeting Documents\ZBA 2010\2010 ZBA staff reports\ZBA 06 08 10\6-8-2010
ZBA Staff Report.doc
Notification Map:




O:\Planning\COMMON\Zoning\Zoning Board of Appeals\ZBA Meeting Documents\ZBA 2010\2010 ZBA staff reports\ZBA 06 08 10\6-8-2010
ZBA Staff Report.doc
New 1993 Roadway Configuration:




O:\Planning\COMMON\Zoning\Zoning Board of Appeals\ZBA Meeting Documents\ZBA 2010\2010 ZBA staff reports\ZBA 06 08 10\6-8-2010
ZBA Staff Report.doc
Marina photo:




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ZBA Staff Report.doc
                              Looking toward Shoreline Drive from marina :




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ZBA Staff Report.doc
Sign Ordinance Excerpts (emphasis added):

7.       Prohibited Signs (all districts): The following listed signs are prohibited in any zoning
         district of the City: [amended 6/03, 7/05]

         q.        A sign displaying intermittent lights and lights resembling the flashing lights
                   customarily used in traffic signals, or police, fire, ambulance, or rescue vehicle or
                   signs which imitate official traffic directional signs or devices.

         r.        A sign using the words, "Stop", "Danger", or any other words, phrases, symbols,
                   or characters, in such a manner as to interfere with, mislead, or confuse a vehicle
                   driver.

         s.        Signs affixed to trees, shrubs or similar natural features.

         t.        Signs affixed to fences or utility poles or structural elements not capable to
                   support such signs except community promotional banners permitted under
                   “Exempt Signs.” [amended 2/04]

         u.        Any sign which obstructs the ingress or egress from a required door, window, or
                   other required exit.

         v.        Signs on parked vehicles where the sign is the primary use of the vehicle.

         w.        Banners used as permanent signs.

         x.        Temporary signs and devises including inflatable devices, pennants, pinwheels,
                   searchlights or other devices with similar characteristics, except when used
                   temporarily for periods not to exceed fifteen (15) days to announce the opening of
                   a new type of business or use by a new owner.

       iii.        Portable “A” frame signs, inverted "T" signs with spider legs, with or without
                   wheels where lettering can be changed, rearranged or altered (see also definition
                   of “portable” sign).

         j.     Signs which overhang or extend into a dedicated public right-of-way without the
         written consent of the city. Any signs which encroach upon the public right-of way do
         not qualify as legal nonconforming signs. Such signs shall be considered an illegal use
         and shall be removed., unless an encroachment agreement was obtained from the City
         Commission.

         u.        Signs that have concrete foundations or other solid anchoring devices that project
                   above the surface of the ground more than 18” (eighteen inches).
         v.        Signs which are painted, placed or constructed directly on or project from a roof.


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ZBA Staff Report.doc
         w.        Off-premise signs except billboards regulated herein or tourist oriented
                   directional signs placed in cooperation with the City.

         x.        Signs with visible moving, revolving, rotating parts, or visible mechanical
                   movement of any description or other apparent visible movement achieved by
                   electrical, electronic, or mechanical means.

         y.        Externally illuminated signs which can bleed light, interfere with the city’s “night
                   sky” objectives, cast glare in the public right-of-way distracting drivers, and
                   shining into adjacent residential areas interfering with resident’s enjoyment of
                   their personal property.

DETERMINATION:
The following motion is offered for consideration:

I move that the findings of fact determined by the Zoning Board of Appeals be adopted and that
the variance request to allow off premise signage for this property be (approved/denied), based
on the following review standards (found in Section 2502 of the Zoning Ordinance) and subject
to conditions:
s. That there are exceptional or extraordinary circumstances or conditions applying to the
   property in question or to the intended use of the property that do not apply generally to other
   properties or class of uses in the same zoning district.

t. That such dimensional variance is necessary for the preservation and enjoyment of a
   substantial property right possessed by other properties in the same zoning district and in the
   vicinity.

u. That the authorizing of such dimensional variance will not be of substantial detriment to
   adjacent property and will not materially impair the purposes of this chapter or the public
   interest.

v. That the alleged difficulty 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.

w. That the alleged difficulty is not founded solely upon the opportunity to make the property
   more profitable or to reduce expense to the owner.

x. That the requested variance is the minimum action required to eliminate the difficulty.

CONDITIONS
7. That the additions to the property must be complete within one year (Sec. 2504) or the
   variance is void.
8. The off premise signage is built and located as indicated in ZBA Case 2010-001.
9. The variance is recorded with the deed to keep record of it in the future.


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ZBA Staff Report.doc

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