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CITY OF MUSKEGON
PLANNING COMMISSION
REGULAR MEETING
DATE OF MEETING: Thursday, July 12, 2018
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 from the special meeting of June 14, 2018.
III. Public Hearings
A. Hearing, Case 2018-22: Request for a special land use permit to allow an addition to a non-
conforming use at 2016 Morton St, by Barb and Stan Varboncoeur.
B. Hearing, Case 2018-23: Request to rezone a portion of the property at 306 Campbell St from
R-1, Low Density Single Family Residential to I-1, Light Industrial.
C. Hearing, Case 2018-24: Request to rezone a portion of the property at 710 Pulaski Ave from
I-1, Light Industrial to B-4, General Business, by David Ramos.
IV. New Business
V. Old Business
VI. Other
VII. Adjourn
AMERICAN DISABILITY ACT POLICY FOR ACCESS TO OPEN MEETING 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 Meisch, City Clerk
933 Terrace Street
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CITY OF MUSKEGON
PLANNING COMMISSION
REGULAR MEETING
MINUTES
June 14, 2018
Board member B. Larson called the meeting to order at 4:00 p.m. and roll was taken.
MEMBERS PRESENT: B. Larson, J. Doyle, J. Montgomery-Keast, E. Hood, M. Hovey-Wright,
MEMBERS ABSENT: B. Mazade, excused; F. Peterson, excused; S. Gawron, excused; T. Michalski
STAFF PRESENT: M. Franzak, D. Renkenberger
OTHERS PRESENT: D. Kamps, 1885 N. Buys Rd; S. Radtke, 1669 Peck St; B. Krick, 1762
Jefferson St.; B. Dodge, 90 W Larch; D. Winters, 1515 Peck St.; S. Schiller,
1828 Edgewater; K. Farmer, 1668 Jefferson St.
APPROVAL OF MINUTES
A motion to approve the Minutes of the special Planning Commission meeting of May 21, 2018, was made
by J. Montgomery-Keast, supported by J. Doyle and unanimously approved.
PUBLIC HEARINGS
Hearing, Case 2018-16: Request for a special land use permit to operate a non-profit organization that will
house up to four men (aged 18-24) that have recently graduated out of foster care living, along with a live-in
house manager, at 1670 Peck St, by Step Up. M. Franzak presented the staff report. The property is zoned
RM-1, Low Density Multi-Family Residential District. Step Up runs a similar facility for women at 1319
Peck St, which is also is located in an RM-1 district. This house measures 2,250 sq ft. and has three
bedrooms; the applicant plans to convert the extra kitchen on the second floor into another bedroom. There
is ample off-street parking for residents and guests. Notice was sent to property owners and tenants within
300 feet of this property. At the time of this writing, staff had not received any comments from the public.
Staff recommends approval of the special use permit, as this is an appropriate location and building for the
proposed use.
D. Kamps spoke on behalf of Step Up. He described their program to assist foster kids who had aged out of
the foster care system. He had previously applied to rezone a different house in the area but had been turned
down because the area was zoned for single family residences. S. Radtke lived across the street from 1670
Peck and stated that he was opposed to the request. He stated that he had invested a significant amount of
money into converting his home to a single family residence. He felt that the area was becoming saturated
with shelter-type facilities and that it could negatively affect his property values. M. Franzak explained that
the house at 1670 Peck St was already zoned for multi-family use. The reason a special use permit was
needed was for a departure from the definition of “family” that would allow non-related adults to live in the
house together. They had no plans to break up the house into separate apartments, although that would be
allowable under the RM-1 zoning. B. Krick lived in the area and was also opposed to the request. He stated
that Step Up was an excellent program but he was concerned that all the different uses and zoning districts on
Peck St. had a negative effect on the residential character of the area. M. Franzak stated that Peck St. has had
RM-1 zoning since at least 1986 and it had always been an area where businesses, single family, and multi-
family uses co-existed. To change that, a rezoning would be necessary. D. Winter stated that she supported
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Step Up and the request for a special use permit. She had been a foster mother and was glad to see that kids
who aged out of the system would have somewhere to go. B. Dodge lived in the area and was opposed to the
request. He stated that the zoning ordinance stated that foster care homes required 1500 feet of separation
between them; he did not think that was the case in this area. M. Franzak stated that the 1500 feet rule was
for large AFC homes, which allowed many more residents than Step Up was proposing. The Step Up facility
would be more similar, albeit smaller, to a small AFC home, which had no separation requirements.
A motion to close the public hearing was made by J. Doyle, supported by J. Montgomery-Keast and
unanimously approved.
A motion that the request for a special land use permit to operate a non-profit organization that will house up
to four men (aged 18-24) that have recently graduated out of foster care living, along with a live-in house
manager, at 1670 Peck Street, by Step Up, be approved was made by J. Montgomery-Keast, supported by M.
Hovey-Wright and unanimously approved, with J. Doyle, J. Montgomery-Keast, E. Hood, M. Hovey-Wright,
and B. Larson voting aye.
Hearing, Case 2018-17: Request for a special land use permit to increase a non-conforming structure no
more than 30% at 1828 Edgewater St, by Steven Schiller. M. Franzak presented the staff report. The
property is zoned R-1, Low Density Single-Family Residential. The applicant is requesting to build a
covered porch on the front of the home, which would line up with the rest of the home along the west side.
The house is considered legally non-conforming because it does not meet the required eight foot side yard
setback on the west side; the side setback is only three feet off the property line. A one-story addition like
this requires a six foot side setback unless a special use permit is granted to increase the non-conformity up
to 30%. This addition would constitute much less than a 30% addition and would match the current 3-foot
setback of the house. Notice was sent to all property owners and tenants within 300 feet of this property. At
the time of this writing, staff had not received any comments from the public. Staff recommends approval of
the special use permit, as it is under a 30% addition.
J. Doyle asked if this type of situation was common in this area. M. Franzak affirmed that non-conforming
structures were quite common in the Bluffton area, especially for waterfront homes such as this one. If the
porch addition was built to conform to the six-foot side setback, it would not look right or match the rest of
the house. S. Schiller showed board members a rendering of the proposed porch addition, which was on the
front of the home facing the water.
There were no comments from the audience. A motion to close the public hearing was made by J.
Montgomery-Keast, supported by J. Doyle and unanimously approved.
A motion that the request for a special land use permit to increase a non-conforming structure no more than
30% at 1828 Edgewater Street be approved, was made by J. Montgomery-Keast, supported by E. Hood and
unanimously approved, with J. Doyle, J. Montgomery-Keast, E. Hood, M. Hovey-Wright, and B. Larson
voting aye.
Hearing, Case 2018-18: Request to rezone the property at 939 E Laketon Ave from B-2, Convenience &
Comparison Business District to B-4, General Business District, by Christine DeVries. This case was
withdrawn at the request of the applicant.
Hearing, Case 2018-19: Request for a special land use permit to operate a car dealership at 939 E Laketon
Ave, contingent upon the successful rezoning of the property, by Christine DeVries. This case was
withdrawn at the request of the applicant.
Hearing, Case 2018-20: Staff-initiated request to amend Section 2311 of the zoning ordinance to allow
accessory structures in front yards on corner lots, under certain conditions. M. Franzak explained the
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reasoning behind this request. Per the current Zoning Ordinance, accessory structures such as sheds and
garages may not be located in a front yard. This makes it difficult for owners of properties on corner lots to
build a shed or garage without first obtaining a variance from the Zoning Board of Appeals, since corner lots
technically have two front yards. These variances have traditionally always been approved. Staff is
proposing to amend the ordinance to allow these accessory structures on corner lots as long as it is not in the
front yard of the main street (the street where the main entrance is located). The proposed amendment to
Section 2311: Accessory Structures & Buildings is italicized: “Front Yard, prohibition: Buildings or
structures accessory to the principal shall not be permitted in any front yard, except for corner lots, which
may be placed in the front yard on the secondary front street (street that does not contain the main entrance
to the home).”
There were no comments from the audience. A motion to close the public hearing was made by J.
Montgomery-Keast, supported by J. Doyle and unanimously approved.
A motion that the request to amend Section 2311 of the zoning ordinance to allow accessory structures in
front yards on corner lots as proposed above, be recommended to the City Commission for approval was
made by J. Montgomery-Keast, supported by E. Hood and unanimously approved, with J. Doyle, J.
Montgomery-Keast, E. Hood, M. Hovey-Wright, and B. Larson voting aye.
Hearing, Case 2018-21: Staff-initiated request to amend Section 2331 of the zoning ordinance to allow six
foot tall fences in front yards on corner lots in residential areas, under certain conditions. M. Franzak
explained the reasoning behind this request. Per the current Zoning Ordinance, six-foot tall fences are not
allowed in front yards. This poses a problem for property owners on corner lots, which are considered to
have two front yards. Home owners are forced to reduce their usable back yard space by fencing in only a
portion of their back yards. The proposed amendment to Section 2331: Landscaping, Fencing, Walls,
Screens and Lighting, 14. b) is italicized: “Front yards: In any residential front yard (in front of any building
line of a structure which abuts a street), the height of a fence shall not exceed three (3) feet, unless an open
fence is provided (e.g., chain link, picket) in which case it may be a maximum height of four (4) feet when
such fence does not reduce visibility or interfere with clear vision at intersections, alleys and drives. Corner
lot exemption: Corner lots may have a six-foot tall fence on the secondary front yard (along the street that
does not contain the main entrance to the home) as long as clear vision is maintained.” M. Franzak stated
that any possible vision obstructions would be addressed by the inspector reviewing the fence permit
application.
There were no comments from the audience. A motion to close the public hearing was made by J.
Montgomery-Keast, supported by E. Hood and unanimously approved.
A motion that the request to amend Section 2331 of the zoning ordinance to allow six-foot tall fences in front
yards on corner lots in residential areas in some instances as proposed above, be recommended to the City
Commission for approval, was made by M. Hovey-Wright, supported by J. Montgomery-Keast and
unanimously approved, with J. Doyle, J. Montgomery-Keast, E. Hood, M. Hovey-Wright, and B. Larson
voting aye.
NEW BUSINESS
None
OLD BUSINESS
None
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OTHER
K. Farmer addressed the board regarding her neighborhood on Jefferson Street. She was concerned about the
historic larger homes being converted to business or multi-family use. She stated that she and her neighbors
worked hard to maintain their homes as single family residences and they wished to maintain the residential
character of their neighborhood. M. Franzak stated that the City had no plans to change that area to multi-
family housing, and he encouraged Mrs. Farmer to contact city staff if any violations were noted by
neighbors. He also suggested that she, and anyone else who was concerned about their neighborhood, should
attend upcoming public meetings that would be held in conjunction with updating the City’s Master Plan.
There being no further business, the meeting was adjourned at 4:36 p.m.
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STAFF REPORT
July 12, 2018
Hearing, Case 2018-22: Request for a special land use permit to allow an addition to a non-conforming use
at 2016 Morton St, by Barb and Stan Varboncoeur.
SUMMARY
1. The property is zoned R-1, Low Density Single-Family Residential.
2. The use as a home is considered legally non-conforming because the lot does not meet the minimum
size of 6,000 sf. The lot is roughly 3,650 sf. It was originally platted as one lot with the lot to the
west.
3. Non-conforming uses can be increased by up to 25% with the issuance of a special land use permit.
4. The home is currently 942 sf and the proposed addition is 235 sf, which is 25%.
5. Notice was sent to all property owners/tenants within 300 feet of this property. At the time of this
writing, staff had not received any comments from the public.
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Aerial Map
Zoning Map
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STAFF RECOMMENDATION
Staff recommends approval of the special use permit.
DELIBERATION
I move that the request for a special land use permit to allow an addition of up to 25% to a non-conforming
use at 2016 Morton St, be (approved/denied).
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Hearing, Case 2018-23: Request to rezone a portion of the property at 306 Campbell St from R-1, Low
Density Single Family Residential to I-1, Light Industrial.
SUMMARY
1. The property is 7.1 acres and consists mostly of wetlands. There is a house fronting Campbell St, but
most of the property is vacant.
2. The wetlands area is zoned I-2, General Industrial and the rest is zoned R-1, Low Density Single-
Family Residential.
3. The applicant is requesting to rezone the corner of Getty/Leonard to I-1, Light Industrial to build a
small manufacturing space. This area would be approximately 92’ x 130’ (11,960 sf).
4. The corner of Getty/Leonard consists mostly of multi-family housing.
5. Notice was sent to all property owners/tenants within 300 feet of this property. At the time of this
writing, staff had received two calls (Robert Harwood at 367 Gunn St, Yvonne Morrisey at 736
Marquette) that were both against the request.
Getty/Leonard
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Aerial Map
Zoning Map
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STAFF RECOMMENDATION
Staff does not recommend the rezoning to industrial, as this area consists totally of residential homes and
wetlands. It is unclear as to why the wetlands area is zoned industrial, but it most likely is a result of a former
industrial use to the north. The Master Plan recommends buffer areas between residential and industrial uses.
DELIBERATION
I move that the request to rezone a portion of the property at 306 Campbell St from R-1, Low Density Single
Family Residential to I-1, Light Industrial be recommended to the City Commission for (approval/denial).
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Hearing, Case 2018-24: Request to rezone a portion of the property at 710 Pulaksi Ave from I-1, Light
Industrial to B-4, General Business, by David Ramos.
SUMMARY
1. The property is zoned I-1, Light Industrial. The building is used by Ramos Towing. The northern
half of the property is vacant.
2. The applicant would like to rent space to a dance studio, but that use in not allowed in industrial
districts. The applicant would like to rezone a portion of the property to B-4 to allow for the dance
studio and also for their future development plans on the northern portion of the property.
3. This area has a mixture of several different uses, with business being the most prominent. Northern
Machine Tool and Ramos Towing are the only industrial properties on the block. The Seaway
Industrial Park is located just to the northeast of this property.
4. Notice was sent to all property owners/tenants within 300 feet of this property. At the time of this
writing, staff had not received any comments from the public.
710 Pulaski Ave looking east. The owner is seeking to use the space on the left as a dance studio.
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Aerial Map
Zoning Map
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Portion to rezone to B-4 in Red
STAFF RECOMMENDATION
Staff recommends approval of the rezoning. While the City does have a shortage of large parcels of land
available for industry, this property is rather small and has not historically been used for industry. Also, the
screening requirements for outdoor storage in B-4 zones will ensure that the northern portion of the property
(which is visible from BUS 31) will remain in good upkeep without blight.
DELIBERATION
I move that the request to rezone a portion of the property at 710 Pulaksi Ave from I-1, Light Industrial to B-
4, General Business be recommended to the City Commission for (approval/denial).
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