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CITY OF MUSKEGON
PLANNING COMMISSION
REGULAR MEETING
MINUTES
June 12, 2008
Chairman T. Michalski called the meeting to order at 4:05 p.m. and roll was taken.
MEMBERS PRESENT: B. Turnquist, L. Spataro, S. Warmington, B. Larson, J. Aslakson,
T. Michalski
MEMBERS ABSENT: B. Mazade, excused; T. Harryman, excused; B. Smith, excused
STAFF PRESENT: L. Anguilm, D. Leafers
OTHERS PRESENT: J. Niemiec, County of Muskegon; W. Norlin, 678 Front St, GR; J.
North, CMH; J. Perrault, 543 W. Southern; A. Brown, 464 Monroe; J.
Tolar for E. Winicki; D. LaBrenz, City of Muskegon Inspection Dept;
J. Witt, 65 W. Western Ave.
APPROVAL OF MINUTES
A motion that the minutes of the regular meeting of May 15, 2008 be approved, was made by B.
Turnquist, supported by B. Larson and unanimously approved.
PUBLIC HEARINGS
L. Spataro stated that he had a conflict of interest, as he was employed by the County of Muskegon.
He did not participate in this case.
Hearing; Case 2008-14: Request to vacate Emerald Street, between Apple and Allen Avenues, by
Jack Niemiec, County of Muskegon. L. Anguilm presented the staff report. Muskegon County owns
and operates the John Halmond Center, which houses Community Mental Health located at 318 E.
Apple Avenue. They have recently purchased a large parcel of land located to the east, across
Emerald Street with the intention of expanding their facility. In order for the expansion to take place,
the County requests that the portion of Emerald Street between Allen and Apple Avenues be vacated.
The Fire Department has no issues with this street vacation request. The Engineering and Public
Works Departments have the following comments and requirements: “The City has a six inch water
main located in Emerald Street that would need to be abandoned or it could be used by the County as
a service from either end of the property. There is also a section of sanitary sewer in Emerald that
extends off Allen to the south. It should also be abandoned prior to development, or it could be used
by the County. All costs associated with abandonment or re-use will be the responsibility of the
County.” Staff recommends approval of the request.
B. Turnquist asked if there was any idea how much traffic travelled that section of road. L. Anguilm
stated that she didn’t know, but when she was out taking photos she didn’t see any vehicles. J.
Niemiec stated that the County would like to consolidate some of their operations on this site and
connect to the Halmond Center. He stated that he was aware of the conditions mentioned in the staff
Planning Commission Minutes – 6/12/08 1
report regarding the sewer and water main, and had no problem complying with those. B. Turnquist
asked about the proposed building design. J. North stated that the look would be consistent with what
was currently there. T. Michalski asked if the old drycleaner’s building would be removed. W.
Norlin, the project architect, stated that it would, and green space would be added there to accentuate
the new building entrance. T. Michalski asked if there was any kind of contamination on that site
from the cleaners. L. Anguilm was not sure. J. Niemiec stated that they were working with an
environmental company on that.
A motion to close the public hearing was made by S. Warmington, supported by B. Turnquist and
approved, with L. Spataro abstaining.
A motion that the vacation of Emerald Street from Allen Avenue to Apple Avenue be recommended
to 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) those sections of the water
main and sanitary sewer line located in Emerald Street be either abandoned or re-used at the expense
of Muskegon County, was made by S. Warmington, supported by J. Aslakson and approved, with L.
Spataro abstaining.
Hearing; Case 2008-15: Request to rezone the property at 552 W. Southern Avenue from B-2,
Convenience and Comparison Business District, to I-1, Light Industrial District, by Jim Perreault,
Spec Abrasives. L. Anguilm presented the staff report. The site is a large parcel that presently is
owned by Brad Lange, who has used most of the building for storage since it was built. The front
portion is being used by Schmidt Roofing Company. The applicant is requesting a rezoning from B-
2, Convenience and Comparison Business, to I-1, Light Industrial. They wish to purchase the
property and expand a portion of the business from across the street at 543 W. Southern Ave. The
company currently performs part refinishing, as well as building and repair of machinery. They
would like to move their machinery business to the subject property. They currently employ 16
people, up from 4 employees when they bought the company. The property is currently zoned I-1,
and is long and narrow in configuration with no possible way to add additional floor space to their
existing building. The property to the north and east is zoned R-1, Single Family Residential. The
property to the west is zoned OSR, Open Space Recreation, and is the site of Clara Shepherd Park.
The property to the south is zoned I-1. The Future Land Use Map shows this area as “Industrial”.
The industrial uses allowed in this zone “meet a higher standard of restrictions than those imposed in
the I-2 zoning district”, with heavier uses only allowed through special land use permit, or in an I-2,
General Industrial zone. For example, casting of metal parts can only be done as an incidental use to
the allowed machine shop or metal finishing process. While staff has some concerns regarding an
industrial use so close to residential properties, the applicant would also be purchasing the residential
lots facing Eighth Street and on the corner of Eighth and Southern Avenue on the east side. These
lots would remain zoned R-1. The loading docks for the building are located on the Southern Avenue
side of the building, facing W. Grand Avenue, across from Nelson School’s parking lot, closest to
Clara Shepherd Park, so truck traffic should not disturb the neighborhood. Kathy Hulbert, 465 W.
Southern Avenue called to say she was in favor of the request. Staff recommends approval of the
request to rezone the subject property to I-1, because the request conforms to the goals and
recommendations of the City’s 1997 Master Plan and Future Land Use Plan and zoning district
intent.
L. Spataro asked about the residential properties mentioned in item 7 of the staff report. L. Anguilm
stated that they were vacant lots, and would remain R-1. J. Perrault stated that their business was
growing and they needed to expand. There are currently renters in the subject building and at this
time they would stay, as his business didn’t need all the space. They could expand at a later time if
Planning Commission Minutes – 6/12/08 2
needed. B. Turnquist asked about the noise level at the new location. J. Perreault stated that the
blasting operation would stay where it was and the operations at the new location should not create a
great deal of noise. S. Warmington asked how many shifts there would be. J. Perreault stated that
there was one. B. Turnquist asked if there would be any effect on the nearby Clara Shepherd Park. J.
Perreault stated that there was no door on the side of the building facing the park, and that side was
used mainly for storage. L. Spataro stated that the park had been relocated to that industrial area
because the noise disturbed the neighbors in the residential area where it was previously located. A.
Brown lived in the area and was concerned about noise. Board members explained where the subject
property was located in relation to her house, and she was satisfied that she was far enough away.
A motion to close the public hearing was made by S. Warmington, supported by B. Larson and
unanimously approved.
A motion that the request to rezone the property located at 552 W. Southern Avenue from B-2,
Convenience and Comparison Business district to I-1, Light 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 and zoning district intent, was made by B. Larson, supported by J. Aslakson and
unanimously approved.
Hearing; Case 2008-16: Request for a Special Land Use Permit, per Section 1301 (#1) of Article
XIII (B-4, General Business Districts) of the Zoning Ordinance to allow a used car lot in a B-4
district at 678 W. Laketon Avenue by Jan Witt, Witt Buick. L. Anguilm presented the staff report.
The property owner, Ed Winicki, had obtained a special land use permit in 2003 for this property.
However, he has never complied with the approved site plan, which showed a maximum display area
of ten cars, located along Laketon Avenue only. The reason for this restriction was that there were
two other businesses operating in buildings on the site and a certain number of parking spaces were
required for each. Since there was this previous special land use permit in place, there was some
confusion on the part of the property owner requiring him to inform the Zoning Administrator of his
intention to transfer the permit to a new applicant. Also, since the site plan needed revisions it was
decided to return this case to Planning Commission for approval. The applicant wishes to use more
of the property as a display area. The property owner has agreed to provide the Zoning Administrator
with a letter stating that he will not use or lease the other buildings for additional commercial uses on
the site; however he has also stated that he has an insurance agent that wishes to rent the small
building to the rear. If this occurs, there is ample parking for that building, but not for the larger
building along Laketon. The property is zoned B-4, General Business, as are the properties to the
south and west. The properties to the north are zoned R-1, Single Family Residential, and to the east,
across Seaway Drive, the zoning is I-2, General Industrial (former Brunswick facility). Conditions of
approval for sales space for new and used automobiles are as follows: a) ingress and egress to the
outdoor sales area shall be at least sixty (60) feet from the intersection of any 2 streets, and b) no
major repair or major refinishing shall be done on the lot, such use of land being only permitted in the
I-1 or I-2 Industrial Districts. The plans for the outdoor sales area meet requirement “a”. The
Planning Department has the following conditions of approval: a) the property owner shall submit a
signed document stating that the other building(s) will not be used or leased for other commercial
uses, b) the area to the east, next to the sales office, must be paved if parking is to take place there,
and c) the submitted site plan meets Planning Commission and staff approval for parking. The Public
Works and Fire Departments and no objections to the request, and staff received no comments from
the Engineering Department. Staff has received no other comments regarding this case and
recommends approval of the request.
Planning Commission Minutes – 6/12/08 3
B. Turnquist asked if the requested use was already operating there. L. Anguilm stated that it was.
This case would clean up the previously issued SUP and get it in Witt’s name. L. Spataro stated that
he could not tell which of the 3 buildings were occupied, and that there appeared to be activity in the
back building. L. Anguilm pointed out on the site plan which buildings were occupied. D. LaBrenz
stated that there was no Certificate of Occupancy for the back building. J. Tolar was representing her
father, property owner E. Winicki. She stated that neither building was leased, but they were still
maintained. S. Warmington provided some background information on what type of businesses had
been operating at this location in the past and stated that the Witt dealership there now was an
improvement. L. Spataro was concerned about enforcement of the requirement that the other two
buildings not be used, due to the lack of parking. J. Tolar stated that she was in charge of the
property now, and she understood and would comply with the terms. B. Larson asked what the
problem was with the back building. D. LaBrenz stated that it was a garage that had been converted
without permits. He had spoken to the owner about it. J. Aslakson asked if the front building could
be used if a parking agreement was obtained. L. Anguilm stated that it was possible. B. Turnquist
asked if the entrance to the lot would continue to be off the side street. L. Anguilm stated that it
would.
J. Witt stated that they would like to expand their business by offering used cars, and liked the
visibility of this location. B. Turnquist asked if they planned to have any additional signs or lighting.
J. Witt stated that they did, but were waiting to see if this request was approved before moving ahead
with that.
A motion to close the public hearing was made by L. Spataro, supported by B. Larson and
unanimously approved.
A motion that the request for Special Land Use Permit, per section 1301 (#1) of Article XIII of the
Zoning Ordinance, to allow for a used car lot in a B-4 zoning district at 678 W. Laketon Avenue, by
Jan Witt, Witt Buick, be approved, based on compliance with the City’s Master Land Use Plan and
conditions set forth in Section 2332 of the City of Muskegon Zoning Ordinance with the conditions
that 1) all requirements of the Planning Department listed in #7 of the staff report be met, 2) any
conditions of the Engineering or Fire Department and the Department of Public Works be met, 3) the
owner/applicant shall permit the zoning administrator or other zoning staff in the premises at
reasonable times to review compliance with this permit, and 4) the Special Land Use Permit affidavit
shall be recorded with the register of deeds prior to occupying the building, was made by S.
Warmington, supported by B. Larson and unanimously approved. L. Spataro stated that although he
approved the request, he was concerned that the large building on Laketon Ave. could not be used
now, according to the agreement in place.
NEW BUSINESS
None
OLD BUSINESS
None
OTHER
Non-compliance with Special Use Permits – L. Anguilm updated board members on the following
businesses that had not complied with conditions of their Special Use Permits as granted by the
Planning Commission Minutes – 6/12/08 4
Planning Commission. She stated that she is considering revoking the SUP’s if they remain non-
compliant.
1) Juan Urbina’s lot on Evanston & Getty – L. Anguilm stated that the lot is an eyesore, with
vehicles and parts laying all over. Several neighbors have complained, and the City’s Code
Coordinator is in the process of trying to get Mr. Urbina to clean up the property.
2) 145 – 185 W. Laketon – They have still not complied with an SUP issued last year. There
seems to be some confusion between the property owner and the holder of the SUP. L.
Anguilm will continue trying to work with the parties.
3) Former Moose Lodge on Barclay St. – They have not established the use (church) there, as
they were supposed to do by December 2007. S. Warmington advised staff who to contact to
get this resolved.
Naval Museum at the Channel – B. Turnquist asked what powers the Planning Commission had
regarding the Naval Museum property. He was concerned about the trailers that continue to be on the
property and what could be done to get those removed. D. LaBrenz stated that they do not have a
Certificate of Occupancy at this time, but he believed the final inspection was the next day. L.
Anguilm stated that once the certificate was issued, the museum could begin to move their things
inside and the trailers would then be required to be moved.
There being no further business, the meeting was adjourned at 4:53 p.m.
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