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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 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 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. 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 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. 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 15. Application Page 2: 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 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 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 Sign Depictions: 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 Approximate Proposed Sign Location: 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 Looking toward SPX Building from Shoreline Dr.: 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 Looking toward Hotel from Shoreline Drive: 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 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. 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 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 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 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. 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 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. 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 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.. 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 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. 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 10. Application Page 2: 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 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 Restaurant Front photo: 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 Looking toward Shoreline Drive from Restaruant: 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 Looking toward restaurant and hotel from Shoreline Dr. 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 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. 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 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. 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 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 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 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. 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 10. Application Page 2: 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 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 Hotel Front photo: 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 Looking toward Shoreline Drive from rear of hotel: 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 Looking at Hotel from Shoreline Dr. 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 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. 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 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. 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 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. 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 8. Application Page 2: 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 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: 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 Looking toward Shoreline Drive from marina : 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 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. 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 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. 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
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