Planning Commission

MANISTEE CITY PLANNING COMMISSION Meeting of Thursday, February 2nd, 2023 Time: 07:00 PM Eastern Time Location: City of Manistee Council Chambers AGENDA I Call to Order Pledge of Allegiance II Roll Call III Approval of Agenda At this time, the Planning Commission can take action to approve the February 2nd, 2023, Agenda. IV Conflicts of Interest At this time, the Chair will ask if any members have any conflicts of interest on the approved Agenda. V Approval of Minutes At this time, the Planning Commission can approve the January 5th, 2023, Meeting minutes. VI Correspondence Correspondence has been shared with the Planning Commission and will not be read aloud. VII Jeff Mikula – DPW Director VIII Tracy Davis – Housing Coordinator IX Dumpster Enclosure Waiver Request • Muffler Man – 245 Arthur Street • The Tabernacle – 77 Hancock Street X Public Hearing • Special Land Use Request: 313 & 311 Maple Street – Duplex XI Public Comment on Agenda Related items All comments and handouts from the speaker at the podium will go through the Chair, also there will not be any interaction between the podium and audience. If these rules cannot be followed, the Chair can terminate this portion of the meeting. (A limit of between 3 mins to address Planning Commission). XII New Business • Special Land Use Request: 313 & 311 Maple Street – Duplex XIII Old Business • Zoning Amendment – Duplex as Permitted Use in R-2 XIV Public Comments and Communications At this time the Chair will ask if there are any public comments. (3 mins to address Planning Commission). XV Staff Reports XVI Members Discussion At this time, the Chair will ask members of the Planning Commission if they have any items they want to discuss. XVII Adjournment Page 1 of 1  CITY OF MANISTEE PLANNING COMMISSION 70 Maple Street Manistee, MI 49660 MEETING MINUTES January 5, 2023 A meeting of the Manistee City Planning Commission was held on Thursday, January 5, 2023 at 7 pm in the Council Chambers, City Hall, 70 Maple Street, Manistee, Michigan. Meeting was called to order at 7:00 pm by Chair Wittlieff. ROLL CALL Members Present: Bob Slawinski, Michael Szymanski, Marlene McBride, Roger Yoder, Pamela Weiner, and Mark Wittlieff Members Absent: Shelly Memberto Others: Katie Mehl (County Planner 1 & City Zoning Administrator) and Nancy Baker (Recording Secretary) ELECTION OF OFFICERS Chair: Mark Wittlieff turned the meeting over to Katie Mehl during the election of the 2023 Chair. Commissioner Slawinski nominated Commissioner Wittlieff for Chair. Commissioner Wittlieff accepted the nomination. Motion by Commissioner Szymanski, seconded by Commissioner Yoder to elect Commissioner Wittlieff for Chair. Roll Call vote of 6 to 0 Yes for Wittlieff: Slawinski, Szymanski, Weiner, McBride, Yoder and Wittlieff No: none Commissioner Wittlieff is the Planning Commission Chair for 2023. Vice Chair: Katie Mehl turned the meeting over to Chair Wittlieff to continue with the Election of Officers. Commissioner Wittlieff nominated Commissioner Slawinski for Vice Chair. Commissioner Slawinski accepted the nomination. Motion by Commissioner Yoder, seconded by Commissioner Szymanski to elect Commissioner Slawinski for Vice Chair. City of Manstee Planning Commission Meeting Minutes of January 5, 2023 Page 1 Roll Call vote of 6 to 0 Yes for Slawinski: Slawinski, Szymanski, Weiner, McBride, Yoder and Wittlieff No: none Commissioner Slawinski is the Planning Commission Vice Chair for 2023. Secretary: Commissioner Slawinski nominated Commissioner McBride for Secretary. Commissioner McBride accepted the nomination. Motion by Commissioner Slawinski, seconded by Commissioner Weiner to elect Commissioner McBride for Secretary. Roll Call vote of 6 to 0 Yes for McBride: Slawinski, Szymanski, Weiner, McBride, Yoder and Wittlieff No: none Commissioner McBride is the Planning Commission Secretary for 2023. Recording Secretary: Commissioner McBride appointed Nancy Baker as Recording Secretary for 2023. Motion by Commissioner Szymanski, seconded by Commissioner Yoder to appoint Ms. Baker as Recording Secretary for 2023. Roll Call vote of 6 to 0 Yes for Ms. Baker: Slawinski, Szymanski, Weiner, McBride, Yoder, and Wittlieff No: none Nancy Baker is the Planning Commission Recording Secretary for 2023. APPROVAL OF AGENDA Ms. Mehl wished to amend the agenda under Economic Development Director-Marc Miller, who will not be in attendance, with Little River Holdings-T. Eftaxiadis Motion by Commissioner Slawinski, seconded by Commissioner McBride to approve the January 5, 2023 agenda as amended. With a Roll Call vote this motion passed 6 to 0. Yes: Slawinski, Szymanski, Weiner, McBride, Yoder, and Wittlieff No: None CONFLICT OF INTEREST None APPROVAL OF MINUTES Motion by Commissioner Szymanski, seconded by Commissioner Slawinski to approve the December 1, 2022 minutes as printed. With a Roll Call vote this motion passed 6 to 0. City of Manstee Planning Commission Meeting Minutes of January 5, 2023 Page 2  Yes: Slawinski, Szymanski, Weiner, McBride, Yoder, and Wittlieff No: None CORRESPONDENCE None LITTLE RIVER HOLDINGS— T. Eftaxiadis Presentation: stability of retaining wall east of former American Dry-Cleaning Building  Wall inspected by structural engineer  Final report to be shared with Planner  Current wall has been in place for many years  Behind the wall construction is 18” blocks with cement columns on a concrete base  Upon demo of structure, 2 sets of braces were installed and bolted into the wall and at ground base against the wall  Gateway plans being revised; new plans to be submitted to Planner in near future  Wall constantly being monitored  Future plans of wall are to amend current wall or replace it with a new wall  Plan in place for any sign of slight show of failure  Brownfield plan is to be in place before any work is to be done  Concrete columns and clay soil behind the wall greatly protects the structure directly behind the wall Chair Wittlieff stated Marc Miller will be present at the March meeting. PUBLIC HEARING Zoning Amendment—Duplex as Permitted Use in R-2 Public hearing opened at 7:32 pm Ms. Mehl: proposing duplex as a permitted use in R-2 district, no changes to current regulations, only permitting process to change, permitting process would eliminate going through the Planning Commission (PC) for approval- if adopted this would streamline the permitting process. Public Comment: Ruth Pratt 463 4th Street, Dan Laskey 537 4th Street spoke for Robert Mattice, Tracy Davis 251 7th Street / Housing North, Seth Pratt 355 2nd Street, John Veach 485 Oxford Ct, Elizabeth Laskey 537 4th Street, Rita Cusack-McCann 466 8th Street, Wendy Kamaloski 483 Oxford Ct, Brian Maue 536 4th Street, Dave Kamaloski 483 Oxford Ct, Robert VonherBruck 345 4th Street. Discussion: Commissioner Slawinski: reviewed the current permitting process and minimum requirements, should keep the current permitting process Commissioner Szymanski: vacation rental issue needs to be resolved, not in favor of vacation rentals taking away from single family homes being available for families to move, work and live City of Manstee Planning Commission Meeting Minutes of January 5, 2023 Page 3 here, public appears to support this, should have control and be able to manage vacation rentals to prevent over development of rentals Commissioner Weiner: PC worked on short-term rental issue with City Council not acting on it Commissioner McBride: duplexes seem to be a 1-unit apartment Commissioner Yoder: have concerns with eliminating the process, this should be further evaluated Chair Wittlieff: short-term rentals should be addressed; present process is in place and should remain in place Public hearing was closed at 8:13 pm. PUBLIC COMMENT ON AGENDA RELATED ITEMS Vincent Quaglia 433 Elm Street, Ruth Pratt 463 4th Street both commented on duplex permitting NEW BUSINESS Zoning Amendment—Duplex as Permitted Use in R-2 Motion by Commissioner Szymanski, seconded by Commissioner Slawinski to table until it can be addressed on the scope of duplexes and vacation rentals and take the vacation rentals back to City Council for management of them and examining the scope of R-2 district as it relates to allowing for development of duplexes. With a Roll Call vote this motion passed 6 to 0. Yes: Slawinski, Szymanski, Weiner, McBride, Yoder, and Wittlieff No: None Zoning Amendment—Accessory Buildings on Corner Lots Ms. Mehl: memo contents-- corner lots and accessory buildings on such a lot, some lots have 2 front setbacks and 2 side setbacks, other communities corner lot allowances/non-allowances, language can be changed, present exemptions. Staff has no recommendations. Commissioners’ comments: keep as is, define front of lot, can go to ZBA. Motion by Commissioner Slawinski, seconded by Commissioner McBride to hold a work session on March 16th at 7pm, pending room availability. With a Roll Call vote this motion passed 6 to 0. Yes: Slawinski, Szymanski, Weiner, McBride, Yoder, and Wittlieff No: None OLD BUSINESS None City of Manstee Planning Commission Meeting Minutes of January 5, 2023 Page 4 PUBLIC COMMENTS AND COMMUNICATIONS John Veach, City ZBA member STAFF REPORTS Ms. Mehl: PC is signed up for training, will contact MSU regarding the training. MEMBERS DISCUSSION Commissioner Slawinski: Hampton Inn making good progress Commissioner Wittlieff: PC do another tour of Hampton Inn March/April, thanked Heather Pefley on staying for the zoning arrangement, 12th Street storage facility security lighting does not appear to be working, inquired on blight at old Ringel building on 1st Street PC: will not hold another public hearing for duplex amendment with the agenda item not moving forward; requested Tracy Davis, of Housing North, attend the next PC meeting. Ms. Mehl will request Chief Glass or another officer to attend the February meeting and give a blight progress report. ADJOURNMENT Motion by Commissioner Slawinski, seconded by Commissioner Szymanski to adjourn the meeting. Meeting was adjourned at 8:45 pm. MANISTEE PLANNING COMMISSION _______________________________ Nancy Baker, Recording Secretary City of Manstee Planning Commission Meeting Minutes of January 5, 2023 Page 5  245 Arthur Street, Circa 2021 263 ARTHUR ST 245 1/2 ARTHUR ST 245 ARTHUR ST 1 ST ARTHUR 217 ARTHUR ST UNIT 2 217 ARTHUR ST UNIT 5 217 ARTHUR ST UNIT 3 217 ARTHUR ST 217 ARTHUR ST UNIT 7 217 ARTHUR ST UNIT 6 Legend ± Address Points Parcel Lines 0 15 30 60 Feet  245 Arthur Street, Circa 2021 15 WEBSTER CT HANCOCK ST FILER ST 11 FILER ST 68 HANCOCK ST 7 FILER ST 70 HANCOCK ST 74 HANCOCK ST 76 HANCOCK ST 78 HANCOCK ST 8 CLAY ST 10 CLAY ST 4 CLAY ST 77 HANCOCK ST HANCOCK ST 12 CLAY ST HANCOCK ST 7 CLAY ST 86 HANCOCK ST 274 FIRST ST 284 FIRST ST Legend 258 FIRST ST ± Address Points 256 FIRST ST 260 FIRST ST Parcel Lines 0 30 60 120 Feet FIRST ST FIRST ST FIRST ST  CITY OF MANISTEE PLANNING COMMISSION >NOTICE OF PUBLIC HEARING< The City of Manistee Planning Commission will hold a Public Hearing at 7 p.m. on Thursday, February 2, 2023, in the City of Manistee Council Chambers (70 Maple St, Manistee, MI, 49660, 231-398-2803) to consider special land use approval for the property addressed as 51-51-574- 726-02, commonly known as 313 Maple Street & 311 Maple Street, Manistee, MI 49660. The proposed plan is to demolish the existing detached garage and construct a new detached garage. This property requires Special Land Use Approval because it is Duplex in the R-2 Medium Density Residential District. There are no proposed changes to the existing principal building or existing use of the property. Copies of the proposed special land use request are available for review at the City Clerk Office, City Hall, 70 Maple Street, Manistee, MI, on the City’s Web Page www.manisteemi.gov and the Manistee County Planning Department, 395 Third Street. Interested parties are welcome to attend the hearing. Written comments with signature can be submitted to the Manistee County Planning Dept. 395 Third Street Manistee, MI 49660 (231-723-6041) by the end of business day, the day prior to the date of the meeting. Planning Department Katie Mehl Manistee County Planner January 17, 2023 395 3rd St. Manistee, MI 49660 Planning Commission 231.723.6041 planning@manisteecountymi.gov 70 Maple Street www.manisteemi.gov Manistee, MI 49660 Dear Commissioners, Chad Whitman is requesting special land use approval for his property identified as parcel ID #51- 51-574-726-02, commonly known as 313 Maple Street & 311 Maple Street, Manistee, MI 49660. This property requires special land use approval per section 408: Nonconforming Special Uses, of the City of Manistee Zoning Ordinance. Although there is no change in use to the property, due to the use being identified as a special land use under the current zoning ordinance, the special land use procedure must be followed with any change, expansion, or adjustment to the property. Mr. Whitman is proposing to demolish the existing detached garage on the property and construct a new detached garage. Given the grandfathered, substandard size of the parcel and limited area for this construction, a variance was granted on August 30th, 2022, for the proposed construction. A summary of the variance request is below: The parcel is located within the R-2 Medium Density Residential District (R-2) and the request is for the construction of a 14’x46’ or 644 square foot detached accessory building (garage). The nature of the variance request includes the following: • A variance from the required three (3) foot side setback to allow for a side setback of 1’ 11”.  • A variance from the eighteen (18) foot height limitation for an accessory building, to allow for a finished height of 18’ 8”. • A variance from the 40% maximum lot coverage, to allow for lot coverage not exceeding 43%. • A variance from the ten (10) foot setback requirement between accessory buildings and the principal structure, to allow for the distance between the accessory building and the principal structure to be 4’ 6”. The variance granted allows for Mr. Whitman to encroach on one (1) side yard setback, maximum accessory building height, lot coverage, and the required setback between primary structures and accessory buildings. Attached to this memo is Mr. Whitman’s Special Land Use Application which also contains all documentation regarding the variance request. If you have any questions or concerns, feel free to reach out to me via email or phone. Sincerely, Katie Mehl Manistee County Planner City of Manistee Zoning Administrator  Special Use Permit Requests Planning Commission A Step-By-Step Guide INTRODUCTORY MEETING WITH PLANNING STAFF - Staff will assist the applicant by explaining the 1 review process, review the zoning requirements for a special use permit, and provide site information, review the application and detailed site plan requirements, waive requirements if applicable. The applicant is encouraged to contact adjoining and nearby property owners and occupants to discuss their project prior to the public hearing. A copy of the mailing information for the 300’ notification can be obtained from Staff upon request. SUBMISSION OF APPLICATION - Applicant will submit application at least 30 days before the next 2 regularly scheduled Planning Commission meeting (first Thursday of the month) to the Zoning Administrator for review. The Zoning Administrator shall review the application and site plan. Staff will forward a copy of the request to the Site Plan Review Committee, consisting of the City Fire Department, City Police Department, DPW/Utility Director, and City Engineer for review/comments as needed. If need be, the Site Plan Review Committee can be expanded further to include other City entities. Fee must be received before any requests are processed. APPLICATION/SITE PLAN IS INCOMPLETE – Staff will prepare a notice of findings/corrections 2a that will be sent to the applicant. Due to the review time/noticing requirements applicants are encouraged to submit their requests in advance of the 30 day minimum requirement. 2b APPLICANT SUBMITS REVISIONS – Staff reviews for completeness APPLICATION/SITE PLAN IS COMPLETE – Staff will prepare notice of public hearing (ad in newspaper, 3 posted on City web page, City Facebook page, posted at City Hall, mailing to all owners/occupants within 300’ of property). Noticing must be at least 20 days prior to meeting date. PUBLIC HEARING - Applicant shall present their case to the Commission along with any correspondence 4 in support of their request. Staff will give their report, the public is invited to speak on the request, and correspondence will be read into the record. Public hearing will be closed. MEETING – The Planning Commission will begin their deliberation on the request. If the Commission 5 determines that no additional information is needed they will deliberate/take action on the request. The will adopt either a resolution to approve/approve with conditions or deny the request. If the Commission determines that additional information is needed they will postpone their determination until the next regularly scheduled meeting to allow the applicant time to provide the necessary information. PERMIT – If approved, Staff will formalize the resolution of approval and prepare a special use permit. 6 Applicant will sign special use permit that will be sent to the Register of Deeds Office for recording. A copy of the recorded document will be forwarded to the applicant for their files and a land use permit will be issued. *Average time depending on Staff availability, complete application and meeting schedules approx. 30 – 60 days Article 18 Special Land Uses (5/2019)  Planning & Zoning 395 Third Street Manistee, MI 49660 231.723.6041 (phone) 231.398.3526 (fax) Special Use Permit Application A Detailed Site Plan is required for all Special Uses Please Print Submission of Application Applications must be submitted 30 days prior to the meeting for review for completeness. Applications shall be submitted through the Zoning Administrator to the Planning Commission. Each application shall be accompanied by the payment of a fee 500.00 Per ZA $ϭ͕ϬϬ0.00 and any applicant escrow payments as required by Section 2701 and in accordance with the schedule of fees adopted by the City Council to cover the costs of processing the application. An application shall be submitted to the Zoning Administrator on a Special Use application form. A Special Use application shall be placed on the agenda of the Planning Commission by the Zoning Administrator within thirty (30) days of the submission of a complete application prepared in accordance with this Zoning Ordinance. An application, which is incomplete or otherwise not in compliance with this Ordinance, shall be returned to the applicant. No application shall be processed until properly prepared and submitted and all required fees and escrow payments paid in full. Property Information Address: 311 & 313 Maple St, Manistee MI Parcel # 51-574-726-02 Applicant Information Name of Owner or Lessee: Chad L. Whitman Address: 313 Maple St, Manistee MI Phone #: (231) 360-5711 Cell#: (231) 360-5711 e-mail: clwhitma@gmail.com Name of Agent (if applicable): N/A Address: Phone #: Cell#: e-mail: Data Required/Project Information Land Area: ~5,666 ft^2 Zoning Classification: R-2, Med Density Residential Present/proposed Land Use: Present: R-2 Duplex, Proposed: R-2 Duplex Attach a Detailed Narrative for the following ˆ A letter or signed narrative describing in detail the proposed special use and detailing why the location selected is appropriate. ˆ Applicant's statement of the expected effect of the special use on emergency service requirements, schools, storm water systems, sanitary sewer facilities, automobile and truck circulation patterns, and local traffic volumes. ˆ Any additional material information necessary to consider the impact of the project upon adjacent properties and the general public as may be required by this ordinance, by the City Zoning Administrator or the Planning Commission; including, but not limited to, measures which will be undertaken to control soil erosion, shoreline protection, excessive noise, or adverse impacts of the development on the surrounding properties; elevations on all buildings, including accessory buildings; and, an environmental assessment. ˆ Supporting statements, evidence, data, information and exhibits that address the standards and requirements for assessing Special Use permit applications as provided in Section 1802. Special Use Permit Application/Detailed Site Plan Page 1 of 3  Additional Information Any additional information deemed necessary for the Planning Commission to determine the impact of the proposed Special Use on the adjacent properties, public infrastructure, and community as a whole. Such information may take the form of, but is not limited to, a traffic impact analysis as required by Section 2203, E, 2, an environmental assessment as required by Section 2203, E, 1, a market study as required by Section 2203, E, 3, or reports and/or testimony by officials representing state, county or local departments of public safety (police and fire), health, highways or roads, and/or environment. Special Use review procedures. An application for Special Use Approval shall be processed in accordance with Section 1801.C. Issuance of a Special Use permit. Special Use Permits shall be issued in accordance with Section 1801.D. Appeals. No decision or condition related to a Special Use application shall be appealed to the Zoning Board of Appeals. An appeal of a Special Use decision or condition may be taken to Circuit Court. Duration of Approval. The Special Use permit shall become effective upon Planning Commission approval and in accordance with Section 1801.F. Amendments. Amendments to Special Use permits shall be handled in the same manner as the initial Special Use permit application. Minor non-substantive changes to a site plan in accordance with Section 2208 may be made to an existing Special Use permit with the approval of the Zoning Administrator. Transfers. Transfers shall be handled in accordance with Section 1801.H. Expiration. A Special Use permit shall be valid for as long as the approved use continues in accordance with the terms and conditions of the approved permit. The Special Use permit will expire on the occurrence of one or more of the following conditions: 1. If replaced or superseded by a subsequent permitted use or Special Use permit. 2. If the applicant requests the rescinding of the Special Use permit. 3. If a condition of approval included stipulation to expire the Special Use permit by a certain date. 4. If the use is abandoned, moved or vacated for a period of one year. Violations. Violations shall be handled in accordance with Section 1801.J. Authorization CERTIFICATION AND AFFIDAVIT: The undersigned affirm(s) that he/she/they is/are the ✔ ˆ owner, ˆ leasee, ˆ owner's representative, ˆ contractor involved in the application; and that the information included in this application is correct. Further, if the request is approved, the applicant will comply with all of the requirements of the City of Manistee Zoning Ordinance and certifies that measures proposed to mitigate adverse impacts will be completed in a timely fashion. The undersigned, by signing the Application, agrees to pay any and all fees and escrow payments in full as provided in Article 27. Digitally signed by Chad Whitman Chad Whitman Signature: ___________________________________________ Date: 2023.01.15 21:12:14 -05'00' Date: ______________________ Signature: ___________________________________________ Date: ______________________ If applicant is Incorporated or a Limited Liability Corporation a copy of the Articles of Incorporation are to be submitted with application. ˆ By checking this box permission is given for Planning Commission Members to make a site inspection if desired. ✔ ˆ Yes ˆ ✔ No Please indicate if the applicant will be tax exempt, applying and/or eligible for tax abatements, credits or deferments for this proposed project. If Yes, explain: Office Use Only Fee: ˆ 500.00 Per ZAˆ $__________Escrow Payment $ϭ͕ϬϬ0.00 Receipt # Date Received: Hearing Date: PC - Special Use Permit Application/Detailed Site Plan Page 2 of 3 Applicant: Chad Whitman Submission Guidelines Detailed site plan shall include twelve (12) copies of all required information including any documents rendered in color and a digital PDF of the Site Plan shall be forwarded to the Planning and Zoning Department. Unless specifically waived by the Zoning Administrator the site plan shall be prepared by an Engineer, Architect, Landscape Architect or Surveyor licensed to work in Michigan and shall include and illustrate at a minimum the following information: Waived Included Detailed Site Plan Requirements Initials ˆ The site plan shall be prepared by an Engineer, Architect, Landscape Architect or Surveyor licensed to work in Michigan ˆ A scale drawing of the site and proposed development thereon, including the date, name, address and professional seal of the preparer. In no instance shall the scale of the drawing be greater than one-inch equals 20 feet nor less than one-inch equals 200 feet. One copy shall be submitted in a photo-reduced form on 17” x 11” paper. ˆ The scale of the drawing and north arrow ˆ A vicinity map illustrating the property in relation to the surrounding street system. ˆ Topography of the site and its relationship to adjoining land illustrated at 2-foot contours and including an area extending 100 feet from the parcel boundary. ˆ Existing man-made features, including buildings, fences, landscaping, parking, screening and the locations, heights and footprint of each. ˆ Illustration of all proposed improvements and buildings, fences, landscaping, parking and screening, including location, height, footprint of each. ˆ Setback lines and their dimensions. ˆ Percentage of land covered by buildings and impervious surfaces and that reserved for open space. ˆ Dwelling unit density where pertinent; including a density schedule demonstrating number of each dwelling type, if applicable. ˆ Project phasing, if applicable. ˆ Location of public and private rights-of-way and easements contiguous to and within the proposed development which are planned to be continued, created, relocated or abandoned, including grades and types of construction of those upon the site. ˆ Curb-cuts, driving lanes, parking and loading areas, including the number of parking spaces and parking calculations; vehicular circulation patterns and features, location and size of all parking spaces and the identification of service lanes and parking. ˆ Curb-cuts and driveways on adjacent properties. ˆ Location and type of drainage, sanitary sewers, storm sewers and other facilities, including surface and subsurface drainage for all impermeable surfaces on the site and all drainage calculations. ˆ Existing and proposed water main, sanitary and storm sewer, natural gas, electric, telephone, cable television and other utilities, the proposed location of connections to existing utilities and any proposed extensions thereof. ˆ Proposed changes to the topography of the site illustrated at no greater than two (2) foot contours. ˆ Soil erosion and sediment control measures which shall include preventative soil erosion devices or measures, both during and after any site work related to the development. ˆ Detail on proposed signage including an illustration of all proposed signs, their surface area, height and nature of illumination, in accordance with Article 21. ˆ A lighting plan in conformance with Section 525. ˆ A written and illustrated landscape plan prepared in accord with Section 531 of this Zoning Ordinance. ˆ If the parcel is a result of a parcel division undertaken after the adoption of this Ordinance, the site plan shall illustrate all structures and buildings, drawn to scale located on the previously undivided property. ˆ Any additional material information necessary to consider the impact of the project upon adjacent properties and the general public as may be requested by the Zoning Administrator or the Planning Commission. ˆ Any required approvals, permits, changes or modifications required by any applicable regulatory agency. ˆ Special Groundwater Protection. [If applicable – requirements will be provided] Special Use Permit Application/Detailed Site Plan Page 3 of 3 Special Land Use Narrative(s) Summary, 313 & 311 Maple St, Parcel 51-574-726-02 Summary Timeline Of Events: On or about 05/11/2022 the Manistee Planning and Zoning Administrator (Katie Mehl, ZA) was contacted by the property owner (Chad Whitman) about starting the “Request For Appeal” process to permit the construction of a new garage at the subject parcel and removal of the existing garage for reasons stated in in the request for appeal package, herein referred to as “Attachment 1”. A public hearing was held for this request for appeal on 08/30/2022 and was unanimously passed by the Zoning Board Of Appeals (ZBA) as evidenced by “Attachment 2”, draft ZBA meeting minutes for 08/30/2022. Following passage of the request, a “land use permit” was not immediately filed by the property owner as other aspects of realizing the construction of approved appeal request were more pressing and, with an anticipated construction start of spring 2023, not assumed to be a critical path to the anticipated schedule with an estimated two-week approval time once submitted. On or about 11/22/2022 property owner was advised by the ZA that this project would require a “Special Land Use Permit” (SLUP) as a result of the property currently being used as a “duplex”, which is a listed special use under Article 9, Section 900 of the Manistee Zoning Ordinance. As per “Attachment 1” & “Attachment 2” the fact that the property is currently used as duplex had been communicated as such when the variance request was approved. Following discussions with the ZA, a SLUP was not immediately filed as an amendment was proposed in late 2022 to establish “duplex” as a permitted use, thereby potentially eliminating the need for a SLUP if approved for this garage project (Attachment 1). On or about 1/9/2023 was advised by the ZA that the amendment was unlikely to pass in a timeframe that would support the garage project. Therefore, a SLUP is being filed to allow the garage project (Attachment 1) to continue. Proposed Special Use Narrative: The current use of the property as a “Duplex” is permitted by Section 408 of the Manistee Zoning Ordinance as “Duplex” was previously a permitted use prior to 10/30/2010. Amendment Z10-01 changed duplex from “permitted” to “special” use. However, the proposed garage (Attachment 1) modifies the associated site so establishing the property for “duplex” use under the current zoning ordinance is being requested on the advice of the ZA. As a historical note, the property originally constructed as a “duplex” in 1900 with both addresses (313 & 311 Maple) typically being rented as established by census records (Attachment 3). Given this historical record of the property being used as a “duplex” for over a century, the location is appropriate for the requested special use. The proposed garage is anticipated to bolster this use as it provides for a significant increase in the useable rear-yard area and efficient fencing of the yard(s) that is not currently practical. Accessory buildings, with variances as approved, are uses permitted by right per R-2 zoning ordinance. Expected Impacts: There are no expected impacts for the special use as a “duplex” for emergency service, schools, storm water, sanitary sewer, traffic patterns or volumes given the property’s history. For the proposed garage impacts, those are only expected to improve the current site condition for primary storm water drainage & demarcation between property lines. The impermeable area of the property will be reduced by approximately 298 ft^2. The new garage will have gutters to direct this storm water flow, a detail the existing garage lacks. The new garage will also provide for demarcation between property lines allowing adjacent properties to efficiently fence their yards if so desired. The proposed garage has already been endorsed by the two adjacent property owners (Attachment 1) with the duplex use of the property known by both with no known objections.  Attachment 1 MANISTEE CITY ZONING BOARD OF APPEALS Meeting of August 30, 2022 6:00 PM - Council Chambers, City Hall, 70 Maple Street, Manistee, Michigan AGENDA I CALL TO ORDER II PLEDGE OF ALLIGIENCE III ROLL CALL IV APPROVAL OF AGENDA At this time the Zoning Board of Appeals can take action to approve the August 30, 2022, Agenda. V APPROVAL OF MINUTES At this time Zoning Board of Appeals can take action to approve the January 12, 2022 meeting Minutes and the July 13, 2022 meeting Minutes. VI PUBLIC HEARING x Request for Variance – Parcel ID #51-51-574-726-02, 313 Maple Street & 311 Maple Street VII BUSINESS SESSION: Action on Pending Cases x Parcel ID #51-51-574-726-02, 313 Maple Street & 311 Maple Street o Act on variance request Old Business None VIII PUBLIC COMMENTS AND COMMUNICATIONS At this time the Chair will ask if there are any public comments. IX ADJOURNMENT 1 Planning Department Katie Mehl Manistee County Planner August 10, 2022 395 3rd St. Manistee, MI 49660 ZBA Members 231.723.6041 planning@manisteecountymi.gov 70 Maple Street www.manisteemi.gov Manistee, MI 49660 Dear ZBA Members, There are a few items I would like to address with the board regarding meeting minutes and alternate members. This memo is to serve as explanation for the following: x When alternates are to participate in a Zoning Board of Appeals meeting x Why the January 12, 2022, meeting minutes must be reapproved x Why meeting minutes cannot be approved via email It is understood that it has been common practice for the ZBA to have all members, including alternates, present and participating in meetings. Upon discussion with the City Attorney, it has been confirmed that this is not proper practice, and that alternate members should not participate in meetings where all regular members are present. It is acceptable for the alternate to be present at meetings but should only be present in the capacity of a member of the public when all regular members are present. Per section 601(3) of the Michigan Zoning Enabling Act, “a zoning board of appeals shall be composed of not fewer than 5 members if the local unit of government has a population of 5,000 or more or not fewer than 3 members if the local unit of government has a population of less than 5,000. The number of members of the zoning board of appeals shall be specified in the zoning ordinance.” When there are more than five members acting during a meeting, it is a violation of the Zoning Enabling Act because the ZBA is now operating as a six-member board, and the City of Manistee Zoning Ordinance calls for a five-member board per section 2501 Membership, Terms of Office. All future meetings of the Zoning Board of Appeals should be conducted by no more than five members and should only be conducted with a majority of members present. It is also important to note that a passed majority vote for the ZBA is not a majority of the members present, but a majority of the five-member board. I have attached a copy of the Michigan Zoning Enabling Act with the sections relevant to this memo highlighted.  Due to the information provided above, the January 12, 2022, meeting minutes that were approved via voice vote are not validly approved; the motion is not lawful having been given by the alternate member. Furthermore, the City Attorney noted that meeting minutes should never be approved via email, even if they are officially approved during the next meeting. Per section 3(2) of the Open Meetings Act, “All decisions of a public body must be made at a meeting open to the public”. It is recommended that no approvals, including preliminary, take place via email. Subsequently, you will see two sets of meeting minutes for approval on this meeting’s agenda, as well as the July 13, 2022, meeting minutes marked up per advisement from the City Attorney. I hope this information is found to be beneficial; more discussion can take place during the approval of the minutes during our August 30, 2022, ZBA meeting. Please do not hesitate to contact me if you have any questions or concerns before then. Sincerely, Katie Mehl Manistee County Planner City of Manistee Zoning Administrator  MANISTEE CITY ZONING BOARD OF APPEALS City Hall, 70 Maple Street Manistee, MI 49660 PUBLIC HEARING MEETING MINUTES July 13, 2022 A meeting of the Manistee City Zoning Board of Appeals was held on July 13, 2022, at 6:00 pm, Chamber of Commerce Room, 70 Maple Street, Manistee, Michigan. MEMBERS PRESENT: Denis Johnson, Duane Jones, Shelly Memberto, Linda Cihlar, John Veach and Glenn Zaring MEMBER ABSENT: None OTHERS Katie Mehl (Planner 1/City Zoning Administrator) and Nancy Baker (Recording Secretary) Per City Attorney & OMA, this approval is not valid due to taking place outside of a The meeting was called to order at 6:00 p.m. by Chairman Zaring. public meeting. No discussion was held during email correspondence of minutes APPROVAL OF AGENDA: approval. MOTION by Duane Jones, seconded by John Veach to approve the agenda as prepared. With a voice vote this MOTION PASSED UNANIMOUSLY APPROVAL OF MINUTES: The Zoning Board of Appeals approved the January 12, 2022, Zoning Board of Appeals Meeting Minutes by email. Motion by Denis Johnson, seconded by Duane Jones to approve the January 12, 2022 meeting minutes as printed which were reviewed and approved by the ZBA via email. Per City Attorney & ZEA, this approval is not With a voice vote this MOTION PASSED UNANIMOUSLY. valid due to alternate participating in motion. Minutes must be approved. PUBLIC HEARING: Variance request—parcel 51-51-712-150-20, 180 5th Street, Morton Salt Inc Open at 6:03 pm Ms. Mehl did not receive any written comments from the Planning Department. Jeremy Logan-Plant Manager: 9 Improve building 9 Improve liability and appearance of building Closed at 6:05 pm City of Manistee Zoning Board of Appeals Meeting Minutes July 13, 2022  Per City Attorney & ZEA, alternate is not to participate in meeting. ZBA is a five (5) BUSINESS SESSION: member board and should not have more Action on Pending Cases than five (5) members participating at any Parcel # 51-51-712-150-20, Variance Request given time. Ms. Mehl: 9 Request to exceed required height limit within general industrial district 9 Currently building is nonconforming as it exists with height of 101 feet 9 New proposed building addition not to exceed height of 105 feet 9 2 additional structures on roof 9 Large building to house silos having structure around them Basic Conditions: 1. The requested variance is not contrary to the public interest or to the intent and purpose of this Ordinance. Roll call vote: Yes; Johnson(ALTERNATE), Jones, Veach, Cihlar, Memberto, Zaring, No; none. MOTION PASSED UNANIMOUSLY. 2. The requested variance does not establish a use that is not permitted by right or by a special use permit in the zoning district. Roll call vote: Yes; Johnson(ALTERNATE), Jones, Veach, Cihlar, Memberto, Zaring. No; none. MOTION PASSED UNANIMOUSLY. 3. The requested variance does not create an adverse effect upon properties in the immediate vicinity or in the district. Roll call vote: Yes; Johnson(ALTERNATE), Jones, Veach, Cihlar, Memberto, Zaring. No; none. MOTION PASSED UNANIMOUSLY. 4. The requested variance is not of a recurrent nature to require a change in the Zoning Ordinance. Roll call vote: Yes; Johnson(ALTERNATE), Jones, Veach, Cihlar, Memberto, Zaring. No; none. MOTION PASSED UNANIMOUSLY. 5. The requested variance is for property under the control of the applicant. Roll call vote: Yes; Johnson(ALTERNATE), Jones, Veach, Cihlar, Memberto, Zaring. No; none. MOTION PASSED UNANIMOUSLY. 6. The requested variance was not self-created by the applicant or property owner. Roll call vote: Yes; Johnson(ALTERNATE), Jones, Veach, Cihlar, Memberto, Zaring. No; none. MOTION PASSED UNANIMOUSLY. 7. There is not an alternative that would allow the improvement to the property without the requested variance. Roll call vote: Yes; Johnson(ALTERNATE), Jones, Veach, Cihlar, Memberto, Zaring. No; none. City of Manistee Zoning Board of Appeals Meeting Minutes July 13, 2022  MOTION PASSED UNANIMOUSLY. 8. The requested variance is the minimum amount necessary to still permit the reasonable use of the land. Roll call vote: Yes; Johnson(ALTERNATE), Jones, Veach, Cihlar, Memberto, Zaring. No; none. MOTION PASSED UNANIMOUSLY. Special Conditions Are there practical difficulties with the property that prevents full compliance with the requirements of the Ordinance? Roll call vote: Yes; Johnson(ALTERNATE)Johnson, Jones, Veach, Cihlar, Memberto, Zaring. No; none. MOTION PASSED UNANIMOUSLY. Motion by Duane Jones, seconded by Shelly Member to approve the variance as requested subject to the issuing of the appropriate land use permit. Roll call vote: Yes; Johnson(ALTERNATE), Jones, Veach, Cihlar, Memberto, Zaring. No; none. MOTION PASSED UNANIMOUSLY. PUBLIC COMMENTS AND COMMUNICATIONS: None OTHER COMMENTS FROM MEMBERS OR STAFF Discussion on manor of approving minutes. Minutes to be sent by email to members for their approval via email with the minutes being formally approved at the next ZBA meeting. ADJOURNMENT: The meeting was adjourned by Call of the Chair. Meeting adjourned at 6:17 p.m. Respectfully Submitted _______________________________ Nancy Baker, Recording Secretary City of Manistee Zoning Board of Appeals Meeting Minutes July 13, 2022 Planning Department Katie Mehl Manistee County Planner August 10, 2022 395 3rd St. Manistee, MI 49660 ZBA Members 231.723.6041 planning@manisteecountymi.gov 70 Maple Street www.manisteemi.gov Manistee, MI 49660 Dear ZBA Members, Chad Whitman is requesting a variance for his property identified as parcel ID #51-51-574-726- 02, commonly known as 313 Maple Street & 311 Maple Street, Manistee, MI 49660. The parcel is located within the R-2 Medium Density Residential District (R-2) and the request is for the construction of a 14’x46’ or 644 square foot detached accessory building (garage). The nature of the variance request includes the following: x A variance from the required three (3) foot side setback to allow for a side setback of 1’ 11”. x A variance from the eighteen (18) foot height limitation for an accessory building, to allow for a finished height of 18’ 8”. x A variance from the 40% maximum lot coverage, to allow for lot coverage not exceeding 43%. x A variance from the ten (10) foot setback requirement between accessory buildings and the principal structure, to allow for the distance between the accessory building and the principal structure to be 4’ 6”. Granting of this variance request would allow for Mr. Whitman to encroach on one (1) side yard setback, maximum accessory building height, lot coverage, and the required setback between primary structures and accessory buildings. If a variance is granted, a land use permit will still be required, and all other aspects of the City of Manistee Zoning Ordinance must be met. Background: Mr. Whitman contacted me about demolishing the existing accessory building on his property and constructing a new, more functional, detached accessory building. He understood the requirements of the Zoning Ordinance and that the substandard size of his lot would greatly limit his options with construction of a new garage. Please review the following information: • Mr. Whitman’s “Notice of Appeal” paperwork. • Site plans. • Six photos taken showing the current parcel condition and the proposed area of construction. • Letters of Support obtained by applicant from neighboring parcels. • Map of parcel, circa 2021. • Notice of Meeting/Public Hearing for Newspaper. • Letters that were sent to Parcel owners and occupants per Planning and Enabling Act 2008. • Motions Memo. If you have any questions or concerns, feel free to reach out to me via email or phone. Sincerely, Katie Mehl Manistee County Planner City of Manistee Zoning Administrator  215 MAPLE ST 388 THIRD ST Area Around 51-51-574-726-02, Circa 2021. MAPLE ST 386 THIRD ST THIRD ST THIRD ST 306 MAPLE ST 395 THIRD ST MAPLE ST 311 MAPLE ST 11 12 392 FOURTH ST 388 FOURTH ST 315 MAPLE ST 386 FOURTH ST FOURTH ST FOURTH ST ± Legend MAPLE ST 400 MAPLE ST Address Points Parcel Lines 401 MAPLE ST 395 FOURTH ST 389 FOURTH ST 0 402 40 20 MAPLE ST 80 Feet  NOTICE OF SPECIAL MEETING / PUBLIC HEARING The City of Manistee Zoning Board of Appeals will hold a special meeting / public hearing at 6 pm on Tuesday, August 30, 2022, in Council Chambers at the City of Manistee City Hall, 70 Maple Street, Manistee, MI 49660; 231-398-2803. The special meeting will be held to consider a proposed variance request for the property addressed as 51-51-574-726-02, commonly known as 313 Maple Street & 311 Maple Street, Manistee, MI 49660. The applicant is seeking a variance from the City of Manistee Zoning Ordinance for the construction of 14’x46’ or 644 square foot detached accessory building (garage). The nature of the variance request includes the following: x A variance from the required three (3) foot side setback to allow for a side setback of 1’ 11”. x A variance from the eighteen (18) foot height limitation for an accessory building, to allow for a finished height of 18’ 8”. x A variance from the 40% maximum lot coverage, to allow for lot coverage not exceeding 43%. x A variance from the ten (10) foot setback requirement between accessory buildings and the principal structure, to allow for the distance between the accessory building and the principal structure to be 4’ 6”. The variance request and application can be found on the City of Manistee website at https://www.manisteemi.gov/, and can be reviewed or purchased by visiting the Clerk’s Office at City Hall. Correspondence can be sent by mail, or hand delivered to the City Hall, 70 Maple Street Manistee, Michigan 49660. Please, mark it ATTN: Zoning Board of Appeals. All correspondence must be received by end of business day prior to the date of the meeting. Planning Department Katie Mehl Manistee County Planner ƵŐƵƐƚϭϭ, 2022 395 3rd St. Manistee, MI 49660 231.723.6041 planning@manisteecountymi.gov www.manisteemi.gov Dear Property Owner or Occupant, You are receiving this letter because you own property or reside within 300 feet from a property being considered for variance. The City of Manistee Zoning Board of Appeals will hold a special meeting / public hearing at 6 pm on Tuesday, August 30, 2022, in Council Chambers at the City of Manistee City Hall, 70 Maple Street, Manistee, MI 49660; 231-398-2803. The special meeting will be held to consider a proposed variance request for the property addressed as 51-51-574-726-02, commonly known as 313 Maple Street & 311 Maple Street, Manistee, MI 49660. The applicant is seeking a variance from the City of Manistee Zoning Ordinance for the construction of 14’x46’ or 644 square foot detached accessory building (garage). The nature of the variance request includes the following: x A variance from the required three (3) foot side setback to allow for a side setback of 1’ 11”. x A variance from the eighteen (18) foot height limitation for an accessory building, to allow for a finished height of 18’ 8”. x A variance from the 40% maximum lot coverage, to allow for lot coverage not exceeding 43%. x A variance from the ten (10) foot setback requirement between accessory buildings and the principal structure, to allow for the distance between the accessory building and the principal structure to be 4’ 6”. The variance request and application can be found on the City of Manistee website at https://www.manisteemi.gov/, and can be reviewed or purchased by visiting the Clerk’s Office at City Hall. Correspondence can be sent by mail, or hand delivered to the City Hall, 70 Maple Street Manistee, Michigan 49660. Please, mark it ATTN: Zoning Board of Appeals. All correspondence must be received by end of business day prior to the date of the meeting.  Per Planning and Enabling Act of 2008, you must be notified if you own property or live within 300 feet of the property requesting the variance. Below you will find a listing of addresses and parcel owners that have been notified of this variance request. Parcel Number Property Owner's Name Property Street Property City Property State Additional Owner Names Owner's Street Owner's City Owner's State Owner's Zipcode 51-574-726-01 PETERSEN BENJAMIN & PATRICIA 315 MAPLE ST MANISTEE MI 315 MAPLE ST MANISTEE MI 49660 51-574-726-02 WHITMAN CHAD 313 MAPLE ST MANISTEE MI 313 MAPLE ST MANISTEE MI 49660 51-574-735-01 GREGORY DAVID 377 FOURTH ST MANISTEE MI 377 FOURTH ST MANISTEE MI 49660 51-574-735-09 MILLER DENNIS D & KIMMY S 395 FOURTH ST MANISTEE MI 395 FOURTH ST MANISTEE MI 49660 51-574-735-11 MANGIONE DAVID A & CAROLINE G 401 MAPLE ST MANISTEE MI 12 HARRIS ST SALEM MA 1970 51-574-726-11 PRUYNE SHANE C 380 FOURTH ST MANISTEE MI 5709 CABOT ST PORTAGE MI 49002 51-574-726-12 SMITH CURTIS & NIKKI 378 FOURTH ST MANISTEE MI 4245 E HASENBANK RD FREE SOIL MI 49411 51-574-726-13 FREDRICKSON ANDREW 312 SYCAMORE ST MANISTEE MI 772 AUGUSTA AVE MORGANTOWN WV 26501 51-574-726-14 PENFOLD KATHRYN JOAN TRUST 310 SYCAMORE ST MANISTEE MI PO BOX 613 LELAND MI 49654 51-374-714-12 TOD LYNDA DIXON TRUST 208 MAPLE ST MANISTEE MI 208 MAPLE ST MANISTEE MI 49660 51-374-724-01 CONGREGATIONAL CHURCH SOCIETY 412 FOURTH ST MANISTEE MI 51-374-724-10 MANISTEE COUNTY 308 MAPLE ST MANISTEE MI 415 THIRD ST MANISTEE MI 49660 51-374-714-09 KLEIN DAVID L & JULIE A 406 THIRD ST MANISTEE MI 406 THIRD ST MANISTEE MI 49660 51-574-712-10 CK PROPERTY MANAGEMENT LLC 380 THIRD ST MANISTEE MI 2910 MAPLE RD MANISTEE MI 49660 51-574-712-07 SIEVERT WILLIAM & 386 THIRD ST MANISTEE MI CAMERON ELIZABETH ANN (LE) ETAL 386 3RD ST MANISTEE MI 49660 51-574-712-08 SHOEMATE TODD A SR & MARGARET C 384 THIRD ST MANISTEE MI 384 THIRD ST MANISTEE MI 49660 51-374-723-01 MANISTEE COUNTY COURTHOUSE 415 THIRD ST MANISTEE MI 51-574-712-06 WILSON STUART FRANCISCO 388 THIRD ST MANISTEE MI 129 BENJAMIN AVENUE NE GRAND RAPIDS MI 49503 51-374-714-11 ZUVALA BRANDON M & SHELBY A 404 THIRD ST MANISTEE MI 404 3RD ST MANISTEE MI 49660 51-374-724-08 MANISTEE COUNTY MANISTEE MI 51-574-726-04 PENDERGRASS DANA & JACKIE 392 FOURTH ST MANISTEE MI 9643 FAIRWINDS CT ALTO MI 49302 51-374-724-09 MANISTEE COUNTY 312 MAPLE ST MANISTEE MI 51-574-712-14 LIGHTHOUSE PREGNANCY CARE CENTER 215 MAPLE ST MANISTEE MI 215 MAPLE ST MANISTEE MI 49660 51-574-726-06 LINDEMAN LEANNE M 388 FOURTH ST MANISTEE MI 388 FOURTH ST MANISTEE MI 49660 51-374-714-07 LUND SUSAN E (LE) & 410 THIRD ST MANISTEE MI COYLE BARTHOLOMEW 410 THIRD ST MANISTEE MI 49660 51-574-735-07 CAREY MARK & MEGAN 389 FOURTH ST MANISTEE MI 389 FOURTH ST MANISTEE MI 49660 51-574-726-07 VERSCHUEREN BRIAN & CINDY 386 FOURTH ST MANISTEE MI 386 FOURTH ST MANISTEE MI 49660 51-574-712-02 VACHON CYNDY L & TIMOTHY 211 MAPLE ST MANISTEE MI 211 MAPLE ST MANISTEE MI 49660 51-574-726-09 COFFEE CREEK PROPERTIES LLC 382 FOURTH ST MANISTEE MI 3798 LAKESHORE RD MANISTEE MI 49660 51-574-736-07 RUSSO RITA ARCHER 386 FIFTH ST MANISTEE MI PO BOX 714 MANISTEE MI 49660 51-374-737-01 CHARLES OWENS HOLDINGS LLC 400 MAPLE ST MANISTEE MI 949 WALL ST MANISTEE MI 49660 51-374-737-02 QUINN'S HOLDING LLC 402 MAPLE ST MANISTEE MI 402 MAPLE ST MANISTEE MI 49660 51-574-735-03 DZIABUDA ANTHONY S & JERI 381 FOURTH ST MANISTEE MI 381 FOURTH ST MANISTEE MI 49660 51-374-738-10 LERUM VIDAR 414 MAPLE ST MANISTEE MI 445 CEDAR ST MANISTEE MI 49660 51-574-725-10 MANISTEE COUNTY 395 THIRD ST MANISTEE MI 415 THIRD ST MANISTEE MI 49660 51-574-736-01 FITZGERALD CARL L & STEPHANIE L 415 MAPLE ST MANISTEE MI 415 MAPLE ST MANISTEE MI 49660 51-374-737-07 SEROCKI NANCY 405 OAK ST MANISTEE MI 405 OAK ST MANISTEE MI 49660 51-574-725-01 MANISTEE COUNTY 385 THIRD ST MANISTEE MI 415 THIRD ST MANISTEE MI 49660 Sincerely, Katie Mehl Manistee County Planner City of Manistee Zoning Administrator Planning Department Katie Mehl Manistee County Planner 395 3rd St. Manistee, MI 49660 August 10, 2022 231.723.6041 planning@manisteecountymi.gov www.manisteemi.gov ZBA Members 70 Maple Street Manistee, MI 49660 Dear ZBA Members, This memo is to act as a starting point for actions for this variance request. The following can be followed completely, partially, or not at all. They are simply to help the ZBA members have a starting point for discussion. Option A: Deny the variance request. The variance request fails to pass the majority vote needed. The variance needed has been caused or somewhat caused by the parcel owner, and/or practical difficulty has not been shown to exist. Option B: Allow the variance as requested. The variance would allow for the construction of a 14’x46’ or 644 square foot detached accessory building (garage) as described in the application. Option C: The Zoning Board of Appeals may reverse or affirm, wholly or partly, or modify the order, requirement, decision, or determination and may issue or direct the issuance of a permit. Recommendation: The Planning Department request that if a variance is granted, that it be contingent on pulling of a land use permit, and issuing of all other local, state, and federal requirements prior to building. While this is usually covered under land use permitting, outright stating it within the variance recommendation, if passed, is always preferable. Also stating that this does not relieve the applicant from any other requirements of the City of Manistee Zoning Ordinance is desirable by staff. If you have any questions or concerns, feel free to reach out to me via email or phone. Sincerely, Katie Mehl Manistee County Planner City of Manistee Zoning Administrator  Attachment 2 MANISTEE CITY ZONING BOARD OF APPEALS City Hall, 70 Maple Street Manistee, MI 49660 MEETING MINUTES August 30, 2022 A meeting of the Manistee City Zoning Board of Appeals was held on August 30, 2022, at 6:00 pm, Chamber of Commerce Room, 70 Maple Street, Manistee, Michigan. MEMBERS PRESENT: Duane Jones, Linda Cihlar, John Veach, Glenn Zaring Denis Johnson alternate MEMBER ABSENT: Shelly Memberto OTHERS Katie Mehl (Planner 1/City Zoning Administrator) and Nancy Baker (Recording Secretary) The meeting was called to order at 6:03 p.m. by Chair Zaring. Denis Johnson, alternate, sat on the Zoning Board of Appeals in the absence of Shelly Memberto. APPROVAL OF AGENDA: MOTION by Duane Jones, seconded by Linda Cihlar to approve the agenda as prepared. With a voice vote this MOTION PASSED UNANIMOUSLY APPROVAL OF MINUTES: MOTION by John Veach, seconded by Denis Johnson to approve the January 12, 2022 and July 13, 2022 meeting minutes as printed. With a voice vote this MOTION PASSED UNANIMOUSLY. PUBLIC HEARING: Request for Variance—Parcel ID #51-51-574-726-02, 313 Maple Street & 311 Maple Street Opened at 6:07 pm Applicant Chad Whitman: 9 Duplex on property 9 Current R2 zoning does not allow use of existing grounds to construct new accessory structure 9 Requesting to construct useful accessory garage closer to the home allowing for larger backyard use 9 Construction of garage to fit closer to architectural style of home 9 Not attaching garage to current home structure; extremely difficult to intergrade into existing structure entry points, plan to put footings down same level as existing structure Ms. Mehl: two (2) letters of support were received from neighbors. Closed at 6:15 pm. BUSINESS SESSION: City of Manistee Zoning Board of Appeals Meeting Minutes August 30, 2022 Action on Pending Cases Request for Variance—Parcel ID #51-51-574-726-02, 313 Maple Street & 311 Maple Street Property owner commended for wanting to improve the parcel by having the structure look more fitting to the area. There is support from the neighbors. Basic Conditions: 1. The requested variance is not contrary to the public interest or to the intent and purpose of this Ordinance. No. Reasoning: new use same as current use, more pleasing to neighborhood, to fit architectural style of main structure Roll call vote: Yes; Johnson, Jones, Veach, Cihlar, Zaring. No; none. MOTION PASSED UNANIMOUSLY. 2. The requested variance does not establish a use that is not permitted by right or by a special use permit in the zoning district. No. Reasoning: garage being proposed is a permitted accessory structure in the residential community with nothing special being provided Roll call vote: Yes; Johnson, Jones, Veach, Cihlar, Zaring. No; none. MOTION PASSED UNANIMOUSLY. 3. The requested variance does not create an adverse effect upon properties in the immediate vicinity or in the district. No. Reasoning: neighbors are in favor of this variance Roll call vote: Yes; Johnson, Jones, Veach, Cihlar, Zaring. No; none. MOTION PASSED UNANIMOUSLY. 4. The requested variance is not of a recurrent nature to require a change in the Zoning Ordinance. No. Reasoning: not going to be a reoccurrence, garage will be built once Roll call vote: Yes; Johnson, Jones, Veach, Cihlar, Zaring. No; none. MOTION PASSED UNANIMOUSLY. 5. The requested variance is for property under the control of the applicant. Yes. Reasoning: applicant owns the property Roll call vote: Yes; Johnson, Jones, Veach, Cihlar, Zaring. No; none. MOTION PASSED UNANIMOUSLY. 6. The requested variance was not self-created by the applicant or property owner. No. Reasoning: situation not created by the applicant, has created a solution to the problem, substandard size lot that contributes to his need, variance needed to build an improved garage and demo the poor looking garage Roll call vote: Yes; Johnson, Jones, Veach, Cihlar, Zaring. No; none. MOTION PASSED UNANIMOUSLY. 7. There is not an alternative that would allow the improvement to the property without the requested variance. No. Reasoning: alternatives discussed and determined to be unable to do anything but what is City of Manistee Zoning Board of Appeals Meeting Minutes August 30, 2022  planned Roll call vote: Yes; Johnson, Jones, Veach, Cihlar, Zaring. No; none. MOTION PASSED UNANIMOUSLY. 8. The requested variance is the minimum amount necessary to still permit the reasonable use of the land. Yes. Reasoning: applicant not asking for anything more than what is needed Roll call vote: Yes; Johnson, Jones, Veach, Cihlar, Zaring. No; none. MOTION PASSED UNANIMOUSLY. Special Conditions Is there an exceptional or extraordinary circumstance or physical condition (narrowness, shallowness, shape or topography) of the property or to the prosed use that does not apply to other properties or uses in the same zoning district? Yes. Justification: documentation and mapping presented show the exceptional/extraordinary circumstances Roll call vote: Yes; Johnson, Jones, Veach, Cihlar, Zaring. No; none. MOTION PASSED UNANIMOUSLY. MOTION by Denis Johnson, seconded by Duane Jones to approve the requested variance as applied for parcel 51-51-574-726-02, 313 Maple Street & 311 Maple Street. Roll call vote: Yes; Johnson, Jones, Veach, Cihlar, Zaring. No; none. MOTION PASSED UNANIMOUSLY. PUBLIC COMMENTS AND COMMUNICATIONS: None OTHER COMMENTS FROM MEMBERS OR STAFF Mr. Veach: good presentation on the variance. Mr. Johnson: glad past minutes issues were resolved. Mr. Zaring: pleased with ease of the presented variance project, congratulations to the applicant. ADJOURNMENT: The meeting was adjourned by Call of the Chair. Meeting adjourned at 6:28 p.m. Respectfully Submitted Nancy Baker Nancy Baker, Recording Secretary City of Manistee Zoning Board of Appeals Meeting Minutes August 30, 2022  Attachment 3 Attachment 1  Notice of Public Hearing Proposed Zoning Ordinance Amendment The Manistee City Planning Commission will hold a Public Hearing for proposed changes to the City of Manistee Zoning Ordinance on Thursday, January 5, 2023, at 7pm at City Hall (231-398-2803), 70 Maple St., Manistee, MI 49660. The Hearing is being held to consider the adoption of proposed amendments to the City of Manistee Zoning Ordinance. Hearing Purpose: Amendment to the City of Manistee Zoning Ordinance as follows: Z22-07: Duplex as Permitted Use in R-2 Zoning Amendment Z22-07 has been prepared to amend the City of Manistee Zoning Ordinance to allow for the use of a Duplex as a Permitted Use in the R-2 Medium Density Residential District. Under the current Zoning Ordinance, a Duplex is allowable in the R-2 District as a Special Use. Copies of the proposed Amendments are available for review and purchase at the Office of the City Clerk, City Hall, 70 Maple St., Manistee, MI, 49660, the Manistee County Planning Department, 395 Third St., Manistee, MI 49660, and on the City’s Web Page www.manisteemi.gov. Interested parties are welcome to attend the hearing, or written comments with signature can be submitted to the Manistee County Planning Dept. 395 Third St. Manistee, MI 49660 by the end of business day on the day of the meeting.