Zoning Board of Appeals
Regular MeetingManistee, MI · May 9, 2013
Minutes
MANISTEE CITY ZONING BOARD OF APPEALS
City Hall, 70 Maple Street
Manistee, MI 49660
MEETING MINUTES
May 9, 2013
A meeting of the Manistee City Zoning Board of Appeals was held on May 9, 2013 at 5:30 p.m. in the
Council Chambers, City Hall, 70 Maple Street, Manistee, Michigan.
MEMBERS PRESENT: Ray Fortier, Mark Hoffman, Bill Kracht
MEMBER ABSENT: John Perschbacher, Craig Schindlbeck (excused)
OTHERS: Gary Buren (Faith Covenant Church), John Soltes (1054 Oak Street), Alan
Marshall (914 Vine Street), Jon Rose (Community Development Director),
Denise Blakeslee (Planning & Zoning) and others
The meeting was called to order at 5:34 p.m. by Vice Chair Hoffman
APPROVAL OF AGENDA:
MOTION by Ray Fortier, seconded by Bill Kracht to approve the Agenda as prepared.
Yes Fortier, Kracht, Hoffman
No None
With a roll call vote this MOTION PASSED 3 to 0.
APPROVAL OF MINUTES:
MOTION by Ray Fortier, seconded by Bill Kracht to approve the January 3, 2013 Zoning Board of
Appeals Meeting Minutes.
Yes Kracht, Fortier, Hoffman
No None
With a roll call vote this MOTION PASSED 3 to 0.
City of Manistee Zoning Board of Appeals
Meeting Minutes May 9, 2013 Page 1
PUBLIC HEARING:
ZBA-2013-01 Faith Covenant Church - Appeal to the decision/determination of the Zoning
Administrator
Faith Covenant Church is requesting an appeal to the decision/determination of the Zoning
Administrator relating to Large Place of Public Section 1868.B.1.b “A Large Place of Public Assembly
that includes an Eating and Drinking Establishment shall meet the standards of Section 1835, hereof.”
Eating and Drinking Establishments Section 1835.B.6 “Within the R-2 and R-3 districts, Eating and
Drinking Establishments shall front on and be accessed primarily from a key street segment, as defined
herein.”
Vice Chair Hoffman opened the Public Hearing at 5:36 pm
Gary Buren, representative for Faith Covenant Church presented their case to the Zoning Board of
Appeals. The Church plans to construct a teen center on their property on Twelfth Street across the
street from the High School. They applied for and received a Zoning Amendment that allows Large
Places of Public assembly with more than five acres of property not to front on a Key Street. This
brings their property into compliance with Zoning and allows them to apply for a Special Use Permit for
the Teen Center. When staff reviewed the site plan it was discovered that they intend to construct a
kitchen and snack bar. While they may charge for a pop or slice of pizza this is not a retail
establishment. They are appealing the Zoning Administrators determination. The Church was
constructed under the previous Zoning Ordinance and the Church has a kitchen which is customary for
Church’s for fellowship and gathering.
Jon Rose, Community Development Director – Mr. Buren is right with his statement that churches
have kitchens/food. The definition of Eating and Drinking Establishments and definition of Retail do
not exempt the appelant in the ordinance.
The intent of the amendment was to allow Large Places of Public Assembly on more than five acres not
to have to front on a key street. The requirements for an Eating and Drinking Establishment in the R-2
and R-3 Zoning District to front on a key street segment was not considered because they were not
reviewed at that time, if they were they would have asked for an amendment to include that section
also.
Vice Chair Hoffman opened the hearing for public comments.
John Soltes, 1054 Oak Street – Mr. Soltes is an adjoining property owner and has lived there for 40+
years. Mr. Soltes said he had a lot of concerns relating to the appeal. The concerns included:
City of Manistee Zoning Board of Appeals
Meeting Minutes May 9, 2013 Page 2
The request did not list the property number.
There parcel has 11+ acres, and already has a place of public assembly located on it. How many
places of public assembly can be located on one parcel?
They have a Special Use Permit in place, why was in it not included in the application.
Special Use Permits run with the land, what relevancy does it have with the request.
The application did not comply with the requirements of 2507.C
The proposed use will have an impact on the adjacent parcel; 600 feet of it adjoins the Church
property, he can’t get anyone to say they want to build next to a teen center, which effects his
ability to sell the property.
The two homes on Tamarack had difficulties in selling due to the High School and he wants to
sell his property.
This is a self-created hardship; they got a change, now they want another change.
They can use the property without a snack bar.
The request does not meet the requirement of the ordinance.
Jon Rose clarified some of the statements. This is not a variance request, this is an appeal to the
decision/determination of the Zoning Administrator relating to Large Place of Public Section 1868.B.1.b
“A Large Place of Public Assembly that includes an Eating and Drinking Establishment shall meet the
standards of Section 1835, hereof.” The Zoning Board of Appeals is only looking at the determination.
The church has not applied for a Special Use Permit and any issues relating to the Special Use Permit
will be reviewed and determined by the Planning Commission.
John Soltes questioned the Special Use Permit in Place, he feels the application is incomplete.
Alan Marshall, 914 Vine Street – Mr. Marshall was on council when the request for an amendment
was granted. He believes the request would have been granted by council if it had included a snack
bar. He feels the request should be granted.
Gary Buren, Faith Covenant Church noted that the Church wants to bring everything into compliance
with the Ordinance. The Church has an approved kitchen and they want the snack bar for the Teen
Center to comply with the ordinance.
Vice Chair Hoffman asked if any correspondence had been received in response to the request.
No correspondence was received.
There were no more additional comments; the Public Hearing was closed at 6:20 pm
City of Manistee Zoning Board of Appeals
Meeting Minutes May 9, 2013 Page 3
BUSINESS SESSION:
ZBA-REQUEST # INFO
ZBA-2013-01 Faith Covenant Church - Appeal to the decision/determination of the Zoning
Administrator
A Public Hearing was held earlier in response to the request from Faith Covenant to appeal the
decision/determination of the Zoning Administrator relating to Large Place of Public Section 1868.B.1.b
“A Large Place of Public Assembly that includes an Eating and Drinking Establishment shall meet the
standards of Section 1835, hereof.”
Eating and Drinking Establishments Section 1835.B.6 “Within the R-2 and R-3 districts, Eating and
Drinking Establishments shall front on and be accessed primarily from a key street segment, as defined
herein.”
The Zoning Board of Appeals discussed the request.
MOTION by Ray Fortier to approve the request from Faith Covenant Church that the Zoning
Administrator erred in his interpretation of the Zoning Ordinance.
Motion failed due to a lack of a second.
Bill Kracht expressed his concern about the impact an Eating and Drinking Establishment could have for
places of Public Assembly Large.
Jon Rose pointed out that an Eating and Drinking Establishment was a differed different use under the
ordinance and that the use under discussion was a Place of Public Assembly with an Eating and
Drinking Accessory Use.
Jon Rose read the definition of Accessory Use to the board. Accessory Use reads:
ACCESSORY USE: A use naturally and normally incidental to, subordinate to, and devoted exclusively to,
the principal use of the land or buildings and located on the same parcel as the principal use.
MOTION by Bill Kracht, seconded by Ray Fortier since a Large Place of Public Assembly which is located
on a parcel of land with a minimum area of five (5) acres does not need to front on or be accessed
primarily from a key street segment, if that Large Place of Public Assembly were to include an Eating
and Drinking Establishment as an accessory use, and is located in the R-2 or R-3 districts, it would not
need to front on or be accessed from a key street segment.
City of Manistee Zoning Board of Appeals
Meeting Minutes May 9, 2013 Page 4
With a roll call vote this MOTION PASSED 2 to 1.
Yes Kracht, Fortier,
No Hoffman
Old Business:
None
Other Business of the Appeals Board:
None
QUESTIONS, CONCERNS OF CITIZENS IN ATTENDANCE:
Gary Buren thanked the Board for their consideration.
John Soltes stated that he was confused by the application.
Jon Rose said that this is only the second request that we have received to appeal the
decision/determination of the Zoning Administrator.
Denise Blakeslee said that the narrative portion of the application was the only part that pertained to
the request. The rest of the application would have been appropriate if it were for a variance request.
In the future applicants will only need to provide a narrative.
ADJOURNMENT:
There being no further business meeting MOTION by Bill Kracht, seconded by Ray Fortier the meeting
be adjourned.
Meeting adjourned at 7:10 p.m.
Respectfully Submitted
_______________________________
Denise J. Blakeslee, Recording Secretary
City of Manistee Zoning Board of Appeals
Meeting Minutes May 9, 2013 Page 5
Agenda
MANISTEE CITY
ZONING BOARD OF APPEALS
Meeting of May 9, 2103
5:30 p.m. - Council Chambers, City Hall, 70 Maple Street,
Manistee, Michigan
AGENDA
I CALL TO ORDER
II ROLL CALL
III APPROVAL OF AGENDA
At this time the Zoning Board of Appeals can take action to approve the May 9, 2013 Agenda.
IV APPROVAL OF MINUTES
At this time Zoning Board of Appeals can take action to approve the January 3, 2013 meeting
Minutes.
V PUBLIC HEARING
ZBA-2013-01 Faith Covenant Church - Appeal to the decision/determination of the Zoning
Administrator
Faith Covenant Church is requesting an appeal to the decision/determination of the Zoning
Administrator relating to Large Place of Public Section 1868.B.1.b “A Large Place of Public
Assembly that includes an Eating and Drinking Establishment shall meet the standards of Section
1835, hereof.”
Eating and Drinking Establishments Section 1835.B.6 “Within the R-2 and R-3 districts, Eating and
Drinking Establishments shall front on and be accessed primarily from a key street segment, as
defined herein.”
At this time the Chair will open the public hearing
The Applicant shall be asked to present their case to the Zoning Board of Appeals.
City Staff and any Consultants serving the City will present their reports
The Hearing will be opened for Public Comments
The Public Hearing will be closed.
1
VI BUSINESS SESSION:
Action on Pending Cases
ZBA-2013-01 Faith Covenant Church - Appeal to the decision/determination of the Zoning
Administrator
A Public Hearing was held earlier in response to the request from Faith Covenant to appeal the
decision/determination of the Zoning Administrator relating to Large Place of Public Section
1868.B.1.b “A Large Place of Public Assembly that includes an Eating and Drinking Establishment
shall meet the standards of Section 1835, hereof.”
Eating and Drinking Establishments Section 1835.B.6 “Within the R-2 and R-3 districts, Eating and
Drinking Establishments shall front on and be accessed primarily from a key street segment, as
defined herein.”
At this time the Zoning Board of Appeals will determine if the Zoning Administrator erred in his
decision.
Old Business
Other Business of the Appeals Board
Misc.
VII PUBLIC COMMENTS AND COMMUNICATIONS
At this time the Chair will ask if there are any public comments.
VIII ADJOURNMENT
2
MANISTEE CITY ZONING BOARD OF APPEALS
City Hall, 70 Maple Street
Manistee, MI 49660
ORGANIZATIONAL
MEETING MINUTES
January 3, 2013
A meeting of the Manistee City Zoning Board of Appeals was held on January 3, 2013 at 5:30 pm in the Council
Chambers, City Hall, 70 Maple Street, Manistee, Michigan.
MEMBERS PRESENT: Ray Fortier, Mark Hoffman, Bill Kracht, John Perschbacher, Craig Schindlbeck
MEMBER ABSENT: None
OTHERS: Denise Blakeslee (Planning & Zoning)
The meeting was called to order at 5:30 p.m. by Chairman Perschbacher
APPROVAL OF AGENDA:
MOTION by Ray Fortier, seconded by Mark Hoffman to approve the Agenda as prepared.
With a voice vote this MOTION PASSED UNANIMOUSLY
APPROVAL OF MINUTES:
MOTION by Ray Fortier, seconded by Mark Hoffman to approve the December 19, 2012 Zoning Board of Appeals
Meeting Minutes.
With a voice vote this MOTION PASSED UNANIMOUSLY
PUBLIC HEARING:
None
BUSINESS SESSION:
Election of Officers 2013
City of Manistee Zoning Board of Appeals
Organizational Meeting Minutes January 3, 2013 Page 1
According to the By-Laws of the City of Manistee Zoning Board of Appeals their annual election of Officers is
held at the January Organizational Meeting.
Chair
At this time the meeting was turned over to Denise Blakeslee who asked for nominations for the Position of
Chair.
Ray Fortier nominated John Perschbacher for the position of Chair
Nominations were asked for three times, there being no other nominations, nominations were closed.
With a roll call vote, John Perschbacher was elected Chair of the Zoning Board of Appeals for 2013, 5 to 0.
Vice-Chair
Chair John Perschbacher asked for nominations for the Position of Vice-Chair.
Ray Fortier nominated Mark Hoffman for the position of Vice-Chair
Nominations were asked for three times, there being no other nominations, nominations were closed.
With a roll call vote, Mark Hoffman was elected Vice - Chair of the Zoning Board of Appeals for 2013, 5 to 0.
Secretary
Chair John Perschbacher asked for nominations for the Position of Secretary.
Mark Hoffman nominated Ray Fortier for the position of Secretary.
Nominations were asked for three times, there being no other nominations, nominations were closed.
With a roll call vote, Ray Fortier was elected Secretary of the Zoning Board of Appeals for 2013, 5 to 0.
Appointment of a Recording Secretary 2013
Once Elected the Secretary may appoint a Recording Secretary to handle the administrative functions of the
office.
Ray Fortier appointed Denise Blakeslee to act as the Recording Secretary for the Zoning Board of Appeals for the
year 2013.
City of Manistee Zoning Board of Appeals
Organizational Meeting Minutes January 3, 2013 Page 2
By Law Review
According to the By-Laws of the City of Zoning Board of Appeals shall annually review their By-Laws at the
January Organizational Meeting.
On January 2, 2013 City Council approved amending Article 25 Zoning Board of Appeals Section 2501
Membership, Terms of Office (Paragraph 3) as follows:
…Council, by a majority vote of the members serving, may appoint up to two (2) alternate members, who
shall serve for three (3) years.
With the change to the Ordinance staff reviewed the Zoning Board of Appeals By-Laws and recommend
changing Section 3.5 Quorum as follows:
3.5 Quorum. In order for the Appeals Board to conduct business or take any official actions, a quorum
consisting of at least three of the five members and two alternates of the Appeals Board shall be
present. When a quorum is not present, no official action, except for the closing of the meeting may
take place. The members of the Appeals Board may discuss matters of interest, but shall take no
action until the next regular or special meeting. All public hearings without a quorum shall be
scheduled for the next regular or special meeting and no additional public notice is required
provided the date, time and place is announced at the meeting.
Members and staff also discussed Section 3.9 Voting
MOTION by Ray Fortier, seconded by Bill Kracht to amend Section 3.5 Quorum of the City of Manistee Zoning
Board of Appeals By-Laws to read as follows:
3.5 Quorum. In order for the Appeals Board to conduct business or take any official actions, a quorum
consisting of at least three members of the Appeals Board shall be present. When a quorum is not
present, no official action, except for the closing of the meeting may take place. The members of
the Appeals Board may discuss matters of interest, but shall take no action until the next regular or
special meeting. All public hearings without a quorum shall be scheduled for the next regular or
special meeting and no additional public notice is required provided the date, time and place is
announced at the meeting.
With a Roll Call vote this motion passed 5 to 0.
5 - Yes Hoffman, Schindlbeck, Fortier, Kracht, Perschbacher
0 - No None
Old Business:
City of Manistee Zoning Board of Appeals
Organizational Meeting Minutes January 3, 2013 Page 3
None
Other Business of the Appeals Board:
Chair Perschbacher thanked the members and staff for their service on the board and a special thank you to
Member Kracht for still attending meetings during his recent illness.
QUESTIONS, CONCERNS OF CITIZENS IN ATTENDANCE:
None
ADJOURNMENT:
There being no further business meeting MOTION by Ray Fortier, seconded by Bill Kracht the meeting be
adjourned.
Meeting adjourned at 5:45 p.m.
Respectfully Submitted
_______________________________
Denise J. Blakeslee, Recording Secretary
City of Manistee Zoning Board of Appeals
Organizational Meeting Minutes January 3, 2013 Page 4
NOTICE OF PUBLIC HEARING
City of Manistee Zoning Board of Appeals
The City of Manistee Zoning Board of Appeals will hold a Public Hearing in the Council
Chambers, City Hall, 70 Maple Street, Manistee, Michigan to consider a request from:
NAME: Faith Covenant Church
475 Eighth Street
Manistee, MI 49660
LOCATION
OF REQUEST: Proposed Youth Center fronting on Twelfth Street
ACTION
REQUESTED: Appeal to the decision/determination of the Zoning Administrator
relating to Large Place of Public Section 1868.B.1.b “A Large Place of
Public Assembly that includes an Eating and Drinking Establishment shall
meet the standards of Section 1835, hereof.”
Eating and Drinking Establishments Section 1835.B.6 “Within the R-2 and
R-3 districts, Eating and Drinking Establishments shall front on and be
accessed primarily from a key street segment, as defined herein.”
DATE/TIME
OF HEARING: Thursday, May 9, 2013 at 5:30 p.m.
Interested parties are welcome to attend the hearing, or written comments with signature can
be submitted to: Jon Rose, Community Development, City of Manistee, P.O. Box 358, Manistee,
MI 49660, (231) 398-2805.
A copy of the application is available for review on the City of Manistee Web Page
www.manisteemi.gov or at City Hall in the Community Development Department.
Jon R. Rose
City of Manistee
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