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CITY OF MUSKEGON
PLANNING COMMISSION
REGULAR MEETING
MINUTES
October 16, 2008
Chairman T. Michalski called the meeting to order at 4:00 p.m. and roll was taken.
MEMBERS PRESENT: B. Turnquist, L. Spataro, T. Harryman, B. Mazade, S. Warmington,
B. Larson, T. Michalski
MEMBERS ABSENT: B. Smith, excused; J. Aslakson, excused
STAFF PRESENT: L. Anguilm, D. Leafers
OTHERS PRESENT: J. Workman, Eagle Aluminum, 664 W. Clay Ave.; M. Mills, Port
City Architectural Sign; S. White, American Coil Spring, 1041
E. Keating
APPROVAL OF MINUTES
A motion that the minutes of the regular meeting of September 11, 2008 be approved, was made by
T. Harryman, supported by S. Warmington and unanimously approved.
PUBLIC HEARINGS
Hearing; Case 2008-27: Request to vacate the alley located in Block 318 of the City of Muskegon
Revised Plat of 1903, bounded by Eighth Street, Clay Avenue, Ninth Street, and Western Avenue, by
John Workman, Eagle Aluminum Cast Products. L. Anguilm presented the staff report. A request
has been submitted by Mr. Workman to vacate the alley that runs between the property where Eagle
Aluminum is located and the red railroad building to the west. The industry’s forklift trucks use this
alley quite frequently to travel to different parts of the plant and for loading and unloading. Since he
owns the properties on both sides of the alley, he would like to have control of it for safety reasons.
This alley appears to be used primarily by the factory and Port City Paint, who has access to the rear
of their building off this alley. Staff is not sure if Port City Paint could access the rear gate where
their dumpster is located, if the alley were vacated. After notices were mailed to neighboring
property owners, staff did receive a letter from R. Spencer of Port City Paints, stating some concerns
regarding alley access. The Department of Public Works has a sanitary sewer located in the alley and
requires unrestricted access for maintenance. The Fire Department has no issues with the alley
vacation. Staff has received no other comments regarding this request and recommends approval.
B. Turnquist asked if the alley would be closed off at the ends once it was vacated. L. Anguilm
stated that it would be up to the property owner. J. Workman stated that he did not plan to close off
the alley, as their trucks used it. He stated that he had worked with Port City Paint for some time, and
did not anticipate his request causing them any problems. B. Larson stated that the owner of Port
City Paint had stated some concerns in a letter to staff, and he wanted to make sure the alley vacation
would not negatively affect that business. J. Workman stated that R. Strong, who owned the Port
City Paint property, was opposed to the vacation. However, J. Workman felt that it was a safety
issue, considering that there were large trucks using the alley regularly. B. Mazade stated that he had
Planning Commission Minutes – 10/16/08 1
spoken to J. Workman about the alley vacation, but wasn’t aware of Mr. Strong’s objection at that
time. S. Warmington suggested vacating the portion of the alley starting beyond Port City’s
dumpster. L. Spataro suggested that the businesses draw up a letter of understanding regarding
maintenance of the alley access for Port City Paint.
A motion to close the public hearing was made by B. Larson, supported by S. Warmington and
unanimously approved.
Board members discussed Port City Paint’s ability to access their business from the alley as needed.
B. Turnquist stated that he was not comfortable cutting off their access.
A motion that the vacation of the alley located in Block 318 of the City of Muskegon’s Revised Plat
of 1903, bounded by Eighth Street, Clay Avenue, and Western Avenue, from the west end, the
north/south property line between Port City Paint at 1250 Ninth St. and Eagle Aluminum at 664 W.
Clay Ave., to Eighth Street be recommended to the City Commission for approval, based on
compliance with the City’s 1997 Master Land Use Plan, with the conditions that 1) all utility
easements will be retained, and 2) unrestricted access shall be provided to the Department of Public
Works, was made by S. Warmington, supported by B. Larson and approved, with B. Turnquist voting
nay.
L. Spataro requested that staff contact Mr. Strong to inform him of the outcome of the request.
Hearing; Case 2008-28: Request to rezone the properties located at 2320 and 2350 S. Getty Street
from B-4, General Business District to I-2, General Industrial District by Murdock Mills, Port City
Architectural. L. Anguilm presented the staff report. The properties both face Getty Street between
E. Barney and Hovey Avenues. The property at 2350 S. Getty St. is the site of Port City
Architectural. The property at 2320 S. Getty has been split from its parent parcel on the corner of
Getty and E. Barney and is being purchased by Port City Architectural. It contains a small vacant
building. The applicant wishes to purchase the property at 2320 S. Getty for a future industrial
expansion. The timetable for this expansion is not known by staff, but the applicant would like to
have the property acquired and the rezoning in place when they are ready to proceed. Although the
property is currently zoned B-4, an industrial use was grandfathered in the building at the time that
the applicant purchased it and began operations about 2 years ago, due to previous industrial uses in
the building. They produce recreational signage and the process requires casting of metals, which
would require the I-2 zoning designation. The minimum size for an I-2 property is one acre (43,560
sq. ft.), with 150 feet of street frontage. The two lots combined would have the necessary street
frontage, but would be lacking in total square footage at 40,250 sq. ft. However, since an industrial
use is already operating on the site, the addition of the extra property would be considered moving
closer to conformity. The properties to the north and south are zoned B-4, and the property to the
east is zoned I-2; to the west is Muskegon Heights. The Future Land Use Map shows these properties
(Sub-Area 3) as commercial; however, due to the present industrial use and the fact that no residential
properties are located adjacent to these properties, rezoning seems to make the most sense. Staff has
had no comments regarding this request and recommends approval, since the request conforms to the
goals and recommendations of the City’s 1997 Master Plan and Future Land Use Plan and zoning
district intent.
M. Mills explained his request and the plans for the properties.
A motion to close the public hearing was made by T. Harryman, supported by S. Warmington and
unanimously approved.
Planning Commission Minutes – 10/16/08 2
A motion that the request to rezone the properties located at 2320 and 2350 S. Getty Street from B-4,
General Business District to I-2, General Industrial District, as described in the public notice, be
recommended for approval to the City Commission, pursuant to the City of Muskegon Zoning
Ordinance, and the determination of compliance with the intent of the City Master Land Use Plan and
zoning district intent, was made by L. Spataro, supported by T. Harryman and unanimously
approved.
OLD BUSINESS
Hearing; Case 2008-24: Staff-initiated request to rezone multiple properties in the portion of the city
known as Area 8, bounded by Keating Avenue, Madison Street, Holbrook Avenue, and S. Getty
Street from B-4, General Business District to R-1, Single Family Residential District. L. Anguilm
presented the staff report. This case was first heard at the September 2008 meeting and tabled until
this month. The area in question is primarily a residential neighborhood, with the exception of along
Keating Avenue, and at the corner of Getty and Keating. Our intent with this request is to bring the
homes that are currently legal nonconforming uses into compliance by rezoning them to R-1. The
Future Land Use Map shows this area as residential, with the exception of the corner of Keating and
Getty, which is shown as commercial. Since the September meeting, staff has met with Steve Kamp,
one of the property owners from Custom Service Printers at 916 E. Keating. They own two
additional lots at 1959 and 1962 Austin Street behind their building, and also the lot at 1981 Valley
Street to the east of their building. They have requested that these lots remain commercial in case
they need to expand in the future.
L. Anguilm stated that she had amended the proposed rezoning request to accommodate Custom
Service Printers’ request to keep their properties commercially zoned. Board members reviewed the
maps of the area to determine which properties would be residential, and which would be
commercial. S. White was representing American Coil Spring, and asked how the rezoning would
affect their property. L. Anguilm stated that it would have no effect, as only those properties north of
Keating would be rezoned.
A motion that the request to rezone the properties as shown on the proposed map, from B-4, General
Business District to R-1, Single Family Residential District, be recommended to the City
Commission for approval, pursuant to the City of Muskegon Zoning Ordinance and the determination
of compliance with the intent of the City Master Land Use Plan and zoning district intent, was made
by S. Warmington, supported by L. Spataro and unanimously approved.
OTHER
None
There being no further business, the meeting was adjourned at 4:33 p.m.
Planning Commission Minutes – 10/16/08 3
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