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CITY OF MUSKEGON
PLANNING COMMISSION
REGULAR MEETING
MINUTES
March 11, 2010
A motion to have S. Warmington chair the meeting in the absence of the Chairman and Vice-
Chairman was made by B. Larson, supported by B. Mazade and unanimously approved.
Mayor Warmington called the meeting to order at 4:00 p.m. and roll was taken.
MEMBERS PRESENT: L. Spataro, B. Larson, , B. Mazade, S. Warmington, B. Smith, W.
Parker
MEMBERS ABSENT: Excused: T. Harryman, B. Turnquist, T. Michalski
STAFF PRESENT: M. Franzak, M. Cameron, C. Brubaker-Clarke, D. Leafers
OTHERS PRESENT: R. Schweifler, 3200 Sandy Cove Ct.
APPROVAL OF MINUTES
A motion that the minutes of the regular meeting of February 11, 2010 be approved, was made
by B. Mazade, supported by B. Larson and unanimously approved.
PUBLIC HEARINGS
L. Spataro arrived at 4:03 p.m.
Hearing; Case 2010-05: Request for a Special Land Use Permit, per section 401 #6 of Article IV
of the Zoning Ordinance to allow a retail tobacco specialty shop in an R-1, Single Family
Residential District at 1635 Beidler St. by Robert Schweifler, 3200 Sandy Cove Court. M.
Franzak presented the staff report. Robert Schweifler, owner of The Westside Inn at 1635
Beidler St., would like to use the northern portion of his building for a retail tobacco specialty
shop. The southern portion of the building would remain a bar, as it currently is. The northern
portion of the building, formerly known as 1625 Beidler St, measures 917 square feet and is
separated from the bar area by a wall and door. Under the new State of Michigan smoking laws,
the door connecting these two businesses would have to be sealed off. The property is zoned R-1
but currently operates as a tavern under grandfathered rights. R-1 zones allow previously
existing or commercial uses not already converted to a residential use to be authorized under
Special Use Permit for retail establishments meeting the intent of the Limited Business Zone (B-
1). Staff recommends approval of the Special Use Permit for a retail tobacco specialty shop,
given that these types of businesses would generally be allowed in B-1 districts.
R. Schweifler stated that he had petitioned the State to allow him to have a connecting doorway
between the bar and smoking area, and he was awaiting their decision. His intent with the
tobacco shop was to provide his customers with a place to smoke without having to stand
Planning Commission Minutes – 3/11/10 1
outside, especially since the building is in a residential area. He stated that he would take his
smoke ventilation equipment from the bar side and install it in the tobacco shop.
A motion to close the public hearing was made by B. Mazade, supported by L. Spataro and
unanimously approved.
A motion that the Special Land Use Permit, per Section 401 (#6) of Article IV of the Zoning
Ordinance, to allow a retail tobacco specialty shop in an R-1, Single Family Residential zoning
district at 1635 Beidler St., by Robert Schweifler, 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) The parking lot must be striped to accommodate
orderly parking, 2) All signage requires a permit and must comply with the zoning ordinance, 3)
The owner shall permit the zoning administrator or other zoning staff in the premises at
reasonable times to review compliance with this permit, 4) The Special Land Use permit
document shall be recorded with the register of deeds prior to establishment of the use, and 5)
The Special Land Use permit shall become null and void within one year of the public hearing if
the use has not been established or there is a violation of condition 1 – 4, was made by L. Spataro
and supported by B. Larson, with discussion continuing on the motion.
R. Schweifler requested that condition #1 of the approval regarding striping of the parking lot be
removed. B. Smith asked if there was any designated handicapped parking in the lot. R.
Schweifler stated that there was not, but there was on-street parking available. Board members
and staff discussed handicapped parking and other requirements of the parking ordinance. B.
Mazade stated that conditions imposed with the Special Use Permit were up to the Planning
Commission. B. Mazade suggested that if a new parking area were installed for the use of
tobacco shop patrons, that it be required to be striped at that time. Board members concurred.
A motion to approve the motion as stated above, except amending condition #1 to state that “1)
The parking lot must be striped to accommodate orderly parking if a new lot is constructed for
the use of the tobacco shop, was made by B. Mazade, supported by L. Spataro and unanimously
approved.
Hearing; Case 2010-06: Staff-initiated request to amend Section 2334 #5, Exempt Signs, to
allow sporting venues to display signage to those in attendance. M. Franzak presented the staff
report. Staff is in negotiations with a group that is interested in operating Marsh Field. The
group would like to be able to sell advertising along the outfield wall and various other places,
which would be seen only by those in attendance at the venue. The proposed new language was
provided in the staff report.
A motion to close the public hearing was made by B. Larson, supported by L. Spataro and
unanimously approved.
A motion to recommend that the City Commission approve the amendment to Section 2334 #5
of the City of Muskegon Zoning Ordinance to add section 5 (p) as proposed, was made by B.
Larson, supported by B. Smith and unanimously approved.
Hearing; Case 2010-07: Staff-initiated request to amend Section 2334 #5, Exempt Signs, to
allow signage related to on-site sustainability and conservation efforts. M. Franzak stated that
staff has received requests from various entities, which are planning on investing in wind
turbines on their buildings, to allow signage displaying their on-site conservation efforts. Staff
Planning Commission Minutes – 3/11/10 2
proposed that signs describing on-site sustainability efforts be approved, as long as they are no
larger than four square feet in size.
A motion to close the public hearing was made by L. Spataro, supported by B. Larson and
unanimously approved.
A motion to recommend that the City Commission approve the amendment to Section 2334 #5
of the City of Muskegon Zoning Ordinance to add section 5 (q) as proposed, was made by B.
Larson, supported by L. Spataro and approved, with S. Warmington voting nay.
B. Larson left at 4:28 p.m.
NEW BUSINESS:
Banners – B. Mazade asked if board members would be interested in discussing the sign
ordinance regarding banners, to consider making the ordinance more lenient. S. Warmington
asked M. Cameron if he had any input. M. Cameron showed board members some photographs
of banners at different locations in the City and provided background information on the
ordinance and its enforcement. S. Warmington asked that staff provide board members with a
copy of the ordinance for their review, and that M. Cameron make recommendations based on
his experience with the ordinance and what is enforceable, to be discussed at a future meeting.
OTHER
None
There being no further business, the meeting was adjourned at 4:35 p.m.
dml
Planning Commission Minutes – 3/11/10 3
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