Zoning Board of Appeals

MANISTEE CITY ZONING BOARD OF APPEALS Meeting of March 15, 2023 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 March 15, 2023, Agenda. V APPROVAL OF MINUTES At this time, Zoning Board of Appeals can take action to approve the February 15, 2023, Meeting Minutes. VI PUBLIC HEARING • Request for Variance – Parcel ID # 51-51-452-703-07, 348 River Street VII BUSINESS SESSION: Action on Pending Cases • Request for Variance – Parcel ID # 51-51-452-703-07, 348 River Street Old Business None VIII PUBLIC COMMENTS AND COMMUNICATIONS At this time the Chair will ask if there are any public comments. IX ADJOURNMENT 1  MANISTEE CITY ZONING BOARD OF APPEALS City Hall, 70 Maple Street Manistee, MI 49660 ORGANIZATIONAL MEETING MINUTES February 15, 2023 A meeting of the Manistee City Zoning Board of Appeals was held on February 15, 2023, at 6:00 pm, Chamber of Commerce Room, 70 Maple Street, Manistee, Michigan. The meeting was called to order at 6:00 p.m. by Vice Chair Jones. MEMBERS PRESENT: Duane Jones, Shelly Memberto, John Veach, and Denis Johnson MEMBER ABSENT: Linda Cihlar OTHERS Katie Mehl (Planner 1/City Zoning Administrator) and Nancy Baker (Recording Secretary) APPROVAL OF AGENDA: Ms. Mehl wished to amend the agenda under APPROVAL OF MINUTES, for the agenda to read “to take action to approve the August 30, 2022 meeting minutes” as minutes must be approved at a meeting and not by email. MOTION by Denis Johnson, seconded by Shelly Memberto to approve the agenda as amended. With a voice vote this MOTION PASSED UNANIMOUSLY APPROVAL OF MINUTES: MOTION by Denis Johnson, seconded by John Veach to approve the August 30, 2022 minutes as presented. With a voice vote this MOTION PASSED UNANIMOUSLY PUBLIC HEARING: None BUSINESS SESSION: Action on Pending Cases None Election of Officers 2023 Chair Mr. Zaring has resigned his position on the ZBA. Mr. Zaring was Chair. City of Manistee Zoning Board of Appeals Meeting Minutes February 15, 2023 At this time, Vice Chair Jones turned the meeting over to Katie Mehl who asked for Chair nominations. John Veach nominated Duane Jones for position of Chair. Duane Jones accepted. No further nominations were made. Nominations were closed. MOTION by Shelly Memberto, seconded by John Veach to elect Duane Jones as ZBA Chair for 2023. With a voice vote of all YES, Duane was elected as Chair of the Zoning Board of Appeals for 2023. Vice-Chair At this time, the meeting was turned over to Chair Jones who asked for Vice Chair nominations. John Veach nominated Shelly Memberto for position of Vice Chair. Shelly Memberto accepted. No further nominations were made. Nominations were closed. MOTION by John Veach, seconded by Duane Jones to elect Shelly Memberto as ZBA Vice Chair for 2023. With a voice vote of all YES, Shelly Memberto was elected as Vice Chair of the Zoning Board of Appeals for 2023. SECRETARY Chair Jones asked for Secretary nominations. Shelly Memberto nominated John Veach for position of Secretary. John Veach accepted. No further nominations were made. Nominations were closed. MOTION by Shelly Memberto, seconded by Duane Jones to elect John Veach as ZBA Secretary for 2023. With a voice vote of all YES, John Veach was elected as Secretary of the Zoning Board of Appeals for 2023. Appointment of Recording Secretary 2023 John Veach nominated Nancy Baker as the Recording Secretary for the Zoning Board of Appeals for 2023. Shelly Memberto seconded the nomination to appoint Nancy Baker as Recording Secretary. MOTION by Shelly Memberto, seconded by Duane Jones to appoint Nancy Baker as ZBA Recording Secretary for 2023. With a voice vote of all YES, Nancy Baker was appointed as Recording Secretary of the Zoning Board of Appeals for 2023. By Law Review According to the By-Laws, the City Zoning Board of Appeals shall annually review their By-Laws. There were no changes, additions, or corrections by the ZBA or Planning Staff. With a voice vote of all YES, the ZBA By-Laws for 2023 were accepted as written. City of Manistee Zoning Board of Appeals Meeting Minutes February 15, 2023 PUBLIC COMMENTS AND COMMUNICATIONS: None OTHER COMMENTS FROM MEMBERS OR STAFF John Veach inquired about Mr. Chad Whitman coming before the Planning Commission for approval of a Special Land Use Permit. Ms. Mehl stated Mr. Whitman had to obtain approval from the ZBA for the variance of his project. Due to the parcel having a duplex structure on it, Mr. Whitman was required to obtain a Special Land Use Permit which required approval by the Planning Commission. John Veach questioned the process of administering the zoning ordinance. Ms. Mehl stated there is a process and the zoning administrator (Ms. Mehl), with any needed assistance from the office, interprets the ordinance to the best possible ability. ADJOURNMENT: MOTION by Denis Johnson, seconded by John Veach to adjourn the meeting. With a voice vote this MOTION PASSED UNANIMOUSLY. The meeting was adjourned at 6:15 p.m. Respectfully Submitted Nancy Baker Nancy Baker, Recording Secretary City of Manistee Zoning Board of Appeals Meeting Minutes February 15, 2023 Planning Department Katie Mehl Manistee County Planner February 22, 2023 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, James Lewis, on behalf of River Street Hotel LLC, is requesting a variance for the property identified as parcel ID #51-452-703-07, commonly known as 348 River Street, Manistee, MI 49660. The parcel is located within the C-3 Central Business District and the applicant is seeking a variance from the City of Manistee Zoning Ordinance for the following: Section 514: Parking, Bike Parking and Sidewalks, Subsection H “H. For all permitted uses and special uses in the C-3 District the parking provisions of this section shall not apply, except to hotels, motels, and residential use condominiums. Required parking shall be provided within two hundred (200) feet of the building. One (1) space shall be provided per dwelling unit.” Granting of the variance would allow for the use of a hotel to take place on the parcel, without providing the required parking for the development. 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. To grant a variance, a “practical difficulty” must be shown by the applicant. For information on what constitutes a practical difficulty, please review the MSU Extension article included in your packet following this memo. Background: Mr. Lewis contacted me about the proposed development of a five-room hotel and restaurant at 348 River Street. The use of a hotel within the C-3 District requires parking at one (1) space per rentable room. The parcel area and current buildout does not allow for the area and access five parking spaces would necessitate. Please review the following information:  • “Notice of Appeal” paperwork. • Resolution of Support obtained by applicant from Downtown Development Authority (DDA). • Three photos showing the current parcel condition, taken October 2022. • 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 0123456ÿ8ÿ918 48ÿ44 ÿ21ÿ8ÿ454258ÿ381485  1 ÿÿ !"#!$ÿ%&&ÿ'!()!&*ÿ+,&)!-ÿ.ÿ/$)&ÿ01ÿ0200 34567ÿ5947:79;6<ÿ:5=5>?ÿ;47:7ÿ@:7ÿA7B4@95CACÿ59ÿDE959=ÿ;Eÿ@66EFÿGE:ÿG67H5I565;<J /ÿK-!$ÿ-!"ÿ!)ÿ!#&L*ÿ!$!MÿN!&#!ÿ&#!)ÿ!$!ÿ)&"&ÿ-OÿK-!$ÿÿ&# O!!&!-)ÿ-OÿP#ÿ)!&QLÿ))ÿ"ÿ&RÿSL"ÿ&#ÿQLRÿ-ÿ)"Lÿ-Oÿ&#-)ÿ))ÿLL-P #-Pÿ&#-)ÿ))ÿÿ""))ÿ&"MÿT#ÿ)&ÿL)-ÿQÿ"#!))ÿO-ÿOL,!Q!L!&*ÿQ) -ÿ)&&&-*ÿU !"#!$ÿV-!$ÿ+QL!$ÿ/"&WÿÿX-)&!&&!-LÿUY&#ÿ/&W $-)MÿV-!$ÿ)&ÿLL-PÿO-ÿ!OO")ÿ!ÿ&*S)ÿ-OÿLL-Pÿ))ÿS#*)!"L "#"&!)&!")ÿ-Oÿ&#ÿLÿ!Zÿ)ÿ-Oÿ!$#Q-#--)ÿÿ&-ÿS(&ÿ!O!$& -ÿ"-)&!&&!-LL*ÿS-&"&ÿS-S&*ÿ!&)&)M [ÿ"#!)ÿO-ÿOL,!Q!L!&*ÿ!ÿK-!$ÿ!)ÿ&#ÿ(!"Mÿ/ÿ(!"ÿ!)ÿ&#ÿ&#-!&*ÿ&- S&ÿO-ÿ&#ÿL!&LÿSSL!"&!-ÿ-Oÿ&#ÿK-!$ÿ-!"ÿQ")ÿ-Oÿÿ\]]^_^``abc dabe`fghÿU!ÿ&#ÿ")ÿ-Oÿÿ)ÿ(!"Wÿ-ÿÿiba_jg_akÿmgnng_okjcÿU!ÿ&#ÿ")ÿ-Oÿÿ-.) -ÿ!)!-Lÿ(!"Wÿ)L&!$ÿO-ÿ&#ÿS#*)!"Lÿ"#"&!)&!")ÿ-Oÿ&#ÿLMÿT#!) &!"LÿP!LLÿO-")ÿ-ÿ!)!-Lÿ(!")ÿÿ&#ÿS!"!SL)ÿ&#&ÿ-&ÿ&-ÿÿ)#-P!$ -OÿÿS"&!"Lÿ!OO!"L&*M p454258 ÿq81485  T#ÿ !"#!$ÿX-&ÿ-Oÿ/SSL)ÿ#)ÿSSL!ÿ&#ÿO-LL-P!$ÿS!"!SL)ÿ!ÿ!)!-L (!"ÿ"-&ÿ"))ÿP#!"#ÿ2  43ÿ-&ÿ&-ÿ&#ÿ)#-P!$ÿ-OÿÿS"&!"Lÿ!OO!"L&* Urajgs]akÿtsajka]euÿv]_wÿxwÿyabzg]{js]ÿdgkk̀ÿ|t}uÿ~1ÿ !"#ÿ/SSÿ€2ÿU~‚YWWƒ %&!"&ÿ"-SL!"ÿP!&#ÿ&#ÿ)&ÿP-Lÿ)-QL*ÿS(&ÿ&#ÿL-P O-ÿ)!$ÿ&#ÿS-S&*ÿO-ÿÿS!&&ÿ)ÿ-ÿP-Lÿÿ"-O-!&*ÿ"))!L* Q)-M 012345ÿ78ÿ9 5ÿ 5ÿ11ÿ4  5ÿ1ÿ 1ÿÿ453145ÿÿ1 51 ÿ 415ÿ4 ÿ 5ÿ15  4ÿ5 ÿ9 545ÿ45ÿ ÿ3135ÿ 4 5411ÿÿ 1ÿÿ4ÿÿ 5ÿÿÿ 5ÿ512ÿ 3ÿ5  25ÿ ÿ 55ÿ 5ÿ5 ÿ95 1 ÿ 1ÿ 415ÿ4535ÿ 3ÿ5ÿ515 9 5ÿ 4134ÿ4535ÿ4ÿÿ554ÿ45 1ÿÿ41 5ÿ 4ÿ 3ÿ4 15 31ÿ315ÿ ÿ 5ÿ 54ÿÿ512  4  012ÿ456718ÿ69ÿ 2ÿ8 ÿ 6 2ÿ6 98 29ÿÿ4 428ÿ ÿ69ÿ 8ÿ912 ÿ 2671 67ÿ4 428629ÿ6ÿ812ÿ92ÿ 2 012ÿ4 52ÿ69ÿ 8ÿ925282  76ÿ812ÿ98  9ÿ 2ÿ ÿ92ÿ5ÿ012ÿ6167 ÿ 67ÿ 567ÿ8ÿ 29ÿ 8 262ÿ18ÿÿ4865ÿ66 58ÿ69ÿ81 71ÿ812ÿ988 82ÿ 29ÿ9882ÿ812ÿ 6 2ÿ9155 2985691ÿ4 2 29ÿ ÿ812ÿ2 62ÿ ÿ98  9ÿ ÿ44 5ÿÿ55ÿ8429ÿÿ6 29! "#2ÿ$%&"'((ÿ0122 2ÿ812ÿ 67ÿ 6 2ÿ9155ÿ65 2ÿ81292ÿ98  9ÿ ÿ 65 2ÿ 686 5ÿ98  9ÿ818ÿ445ÿ8 ÿ62 96 5ÿ6 2ÿ2 2989 )**+,-.ÿ012*3-42,5*6 7 ÿ812ÿ698ÿ98  ÿ" 2(ÿ812ÿ 67ÿ  ÿÿ44259ÿ"8(ÿ91 5ÿ67 2ÿ 8ÿ6 8122ÿ69ÿÿÿ8 ÿ 45691ÿ812ÿ92ÿ4 4 92ÿ681 8ÿÿ6 2ÿ2 2 ÿ6ÿ68ÿ655ÿ2ÿ 2 6 2 62 8ÿÿ 2ÿ2942 962ÿ ÿ812ÿ4456 8ÿ:ÿ9 ÿÿ6 2ÿ91 5ÿ 8ÿ2ÿ7 82  7 ÿ29452ÿ6ÿ812ÿ2967 ÿ ÿ ÿ 686 ÿ4 4 92 ÿÿ812ÿ4456 8ÿ ÿ2ÿ1 72 9 1ÿ818ÿÿ6 2ÿ69ÿ ÿ5 72ÿ22 2 ÿ812ÿ6 2ÿ2 298ÿ91 5ÿ2ÿ2 62 ÿ"922 767 2ÿ;(ÿÿ6 2ÿ69ÿ7 82 ÿ ÿ6 98 29ÿ 6 2ÿ8 ÿ812ÿ4 428ÿ"27ÿ 9142(ÿ 8ÿ81 92ÿ 6 2ÿ8 ÿ812ÿ4 428ÿ 2ÿ"27ÿ572ÿ65( <6ÿ2=*3*ÿ4->2=*3ÿ>?2,>-@ A ÿ812ÿ92 ÿ98  ÿ8122ÿ2ÿ56ÿ12581ÿ ÿ928ÿ29 9ÿ ÿ 67ÿ928B9  8ÿ12 ÿ81292ÿ27 586 9ÿ828ÿ ÿ4456 8ÿ 65ÿ6ÿ2586 ÿ8 ÿ 6 2ÿ94289ÿÿ812 5 ÿ812ÿ91 5ÿ2ÿ2592 ÿC 2 2ÿ6ÿÿ52992ÿ6 2ÿ81 ÿ2 2982 ÿ 5ÿ4 62 9 98 865ÿD9862ÿ8 ÿ812ÿ4 428ÿ 2ÿ812ÿ52992ÿ6 2ÿ91 5ÿ2ÿ 9622 ÿ7  29452ÿ6ÿ812ÿ2 298ÿ69ÿ8 ÿ2  1ÿ68 ÿ812ÿ928Bÿÿ&ÿ228ÿ 8ÿÿE 8 2  12 8ÿ 5ÿ55ÿ812ÿ 2ÿ8 ÿ92ÿ8126ÿ4 428ÿ ÿ812ÿ426882 ÿ92ÿ812 812ÿ44259ÿ  ÿ 98ÿ 8ÿ44 2ÿÿ7282ÿ6 2ÿ81 ÿ6655ÿ2299ÿ"922 767 2ÿE( 012345ÿ78ÿ91 ÿ ÿ4  ÿ4ÿ5 ÿ45ÿ15ÿ1ÿ 5 315ÿ555ÿ 1ÿ 454ÿ ÿÿ3135 1435ÿ 4ÿ 1 ÿÿ415ÿ ÿ 43ÿÿ2425 ÿ5ÿ 44 5ÿ 554ÿ 5ÿ4  5ÿ 455!4 2425ÿ1ÿ 1ÿÿ1ÿ4 ÿ5 ÿ 5ÿ113 554ÿÿÿ ÿ5ÿ14ÿ ÿ512  412ÿ4 5415ÿ1 5ÿ125!1ÿ" 5 #$%&'(&)ÿ+&ÿ,-'(&+&.% / 14ÿ1ÿ 5ÿ1435ÿ 4ÿ 1 ÿÿ415ÿ1ÿ 44 5ÿ45ÿ 45ÿ 2 354 3ÿ4 5415ÿ1ÿ 5ÿ5ÿ" 5ÿ 5ÿ 5ÿ415ÿ4535ÿ 3ÿ5ÿ515ÿ0 ÿ5ÿ5 54ÿ ÿ 154ÿ512ÿ 5ÿ" 12ÿ415ÿ0 4ÿ15ÿÿ1 41  41ÿÿÿ 31ÿ555ÿ4 3ÿ 5ÿ34ÿÿ 5ÿ71 ÿ25 34ÿ12 ÿ5ÿ31!  ÿ ÿ 4 32 3 ÿÿ512  4 ÿÿ125!1ÿ 5ÿ0ÿ 1ÿ512  4 ÿ1 0123456ÿ68ÿ694ÿ0 4ÿ8 ÿ06  0ÿ0ÿ49289880ÿ4484ÿ64ÿ69ÿ886 4ÿ860ÿ834560ÿ86ÿ41ÿÿ 4 08 ÿ  54ÿÿ694ÿ44ÿ4928988ÿ 806ÿ4ÿ414ÿÿ  54ÿÿ694ÿ90685ÿ4928988ÿ94ÿ84ÿ08168 ÿ0ÿ68 54 64ÿÿ4ÿ8 ÿ0656ÿ8ÿ694ÿ90685ÿ4928988ÿ69 6ÿ0ÿ 84ÿ44564ÿ8ÿ694 4 06ÿ59 564ÿ!044ÿ"61ÿ4928988ÿ688ÿ68ÿ0584ÿÿ2ÿ8ÿ8 68 8 ÿ8 # $%ÿ'()ÿ*%%+)ÿ,%)-./01)2')3,4 94ÿ8169ÿ06  ÿ0ÿ4ÿ 01 40688ÿ 8 ÿ567ÿ 4 240ÿ94ÿ84 644668 ÿ0ÿ68ÿ0ÿ94694ÿ694ÿ5 6ÿ688ÿ08 4ÿ 64ÿ568 ÿ69 6ÿ54 64 694ÿ44ÿ8ÿ694ÿ  54ÿ0159ÿ0ÿ ÿ ÿ1 101 ÿ ÿ08 ÿ!09 4#ÿÿ694 4 64ÿ21ÿ4 484ÿ08ÿ69 6ÿÿ859ÿ 106ÿ45400 ÿ4 64 ÿ68ÿ694ÿ0462 5ÿ4  ÿÿ8 ÿ465ÿ7ÿ565 ÿ516ÿ5 86ÿ24ÿ0454 64ÿ!89:;<=ÿ?9:@ÿABÿ?CDEÿ9F G<HDÿI<J<HÿKLMÿN59ÿ7ÿOPQÿ!KQ##ÿ64ÿR0454 64Sÿ5140ÿ568 0ÿ8ÿ694 514 6ÿ846ÿ8 4ÿ ÿ568 0ÿ8ÿÿ4810ÿ8 40 Tÿ8694ÿ80ÿÿ0454 64ÿ565 ÿ516ÿ2ÿÿ4454008ÿÿ664ÿ5 ÿ2 ÿ 0120414 6ÿ8 4ÿ8 ÿÿ46 64ÿ  54ÿ41406ÿ!U9V=H9=ÿABÿW9XC=H9=ÿIJ@YÿQK N59ÿOOZÿ!OP[Q##ÿ76ÿ694ÿ0 4ÿ6 4ÿ694ÿ\816ÿ8ÿ74 0ÿ458 40ÿ69 6ÿ 44 159 0ÿ846ÿ69ÿ694ÿ 844ÿ8ÿ8 54ÿ 668 0ÿ840ÿ86ÿ4514 08 48 4ÿ8 ÿÿ8ÿ! ÿ454#ÿÿ  54ÿ!?CDEÿ9Fÿ]^D:9CDÿABÿ?CDEÿ9Fÿ]^D:9CDÿ_`a MKLÿN59ÿ7ÿKQ[ÿ!KO[##ÿ94ÿ4ÿ0ÿ94694ÿÿ846ÿ8 4ÿbÿ404 6ÿ8ÿ 06ÿ688  64ÿ568 ÿ68ÿ64ÿ694ÿ846ÿ581 64ÿ68ÿ694ÿ58 68ÿ8 54ÿ6ÿ694ÿ6 4 94ÿ159 04ÿ8ÿÿ1 14ÿ86ÿ44 ÿ69ÿ 844ÿ8ÿ694ÿ514 6ÿ8 54ÿ0981ÿ86 24ÿ94ÿ 06ÿÿ4ÿ8 4ÿ90ÿ06  ÿ0ÿ 864ÿ4ÿÿÿ567ÿ 4 24 0440ÿ694ÿ404 54ÿ8ÿ694ÿ5 6ÿ2484ÿ694ÿ567ÿ0ÿÿ0454 64ÿ061 68 ÿ90 046ÿ81ÿ4 ÿ68ÿ694ÿ58 5108 ÿ69 6ÿÿ  54ÿ414060ÿ4ÿ0454 64ÿT6ÿ0ÿ86 ÿ5 6c0ÿ404ÿ8ÿÿ  54ÿ69 6ÿ0ÿÿ0454 64ÿ824 dÿ6ÿ0ÿ ÿ5 6c0 4810ÿ568 ÿ68ÿÿ694ÿ21 24ÿ4 484ÿ69ÿ06156140ÿ8ÿ4ÿ694ÿ 54ÿ68ÿ 1 101 ÿ09 4ÿ69 6ÿ0ÿ694ÿ0454 64ÿ824  e 06ÿ6ÿ0ÿ 86 6ÿ68ÿ864ÿ69 6ÿÿ694ÿ06  0ÿ69 6ÿ 81 6ÿ68ÿ694ÿ098ÿ8ÿ 565 ÿ516ÿ 106ÿ24ÿ0 604ÿÿ84ÿ8ÿÿ  54ÿ68ÿ24ÿ 64ÿ94ÿ06ÿ8 06  0ÿ8 ÿ694ÿ\816ÿ8ÿ74 0ÿ ÿ ÿ68 ÿ06  0ÿÿ694ÿ8  8 54ÿ 106ÿÿ24ÿ0 604ÿÿ84ÿ8ÿ694ÿ5 6ÿ68ÿ9 4ÿÿ565 ÿ516 94ÿ584568 ÿ8ÿ560ÿ69 6ÿ0 60ÿÿ8ÿ694ÿ5 24ÿ06  0ÿ 106ÿ694 ÿ24ÿ5 614 ÿ694ÿ458ÿ68ÿ851 4 6ÿ694ÿ4 08 0ÿ8ÿ694ÿ4508 ÿ!044ÿf8ÿ68ÿ64ÿN1640ÿ8 7 0664ÿg4508 0# + ÿ9ÿ8ÿ ÿ<=)ÿ  9ÿ45ÿ67ÿ7 7 46ÿ7 ÿ=69ÿ  95ÿ69ÿ65 ÿÿ6  ÿ567695ÿ 594 ÿ47ÿ45ÿ694ÿ867ÿ554ÿ 99ÿÿ ÿ9 55ÿ8ÿ 98 5967 95ÿ6647 67 5ÿ67ÿ89475ÿ64 ÿ8 54 ÿ8ÿ6ÿ76ÿ84 ÿ784ÿ8ÿ47 959 67ÿÿ5ÿ7545 7 ÿ67ÿ4 ÿ465ÿ(47ÿ5ÿ45ÿ6549ÿ 7ÿ6ÿ  95ÿ8ÿ ÿ<=) 7 9567ÿ ÿ567695ÿ47ÿ ÿ94767 ÿ67ÿ6 ÿ9897 ÿ 6 946ÿ47ÿ897 ÿ8ÿ 6ÿ6ÿ 47ÿ6ÿ5 5ÿ ÿ6ÿ754 5ÿ6ÿ9646ÿ4884ÿ89ÿ77  5569 69549ÿ04467ÿ1 6 ÿ274 954ÿ 7547ÿ8895ÿ964747ÿ89ÿ<=)ÿ  95ÿÿ   ÿ 6 ÿ 9ÿ6ÿ 8754ÿ 45475ÿ17 6ÿ6ÿ67ÿ5 ÿ69ÿÿ697ÿ 9 +45ÿ694ÿ65ÿ45 ÿÿ>?@A?BCDÿFGCGHÿID?JHKL?GMÿNOGHDL?PDÿ49ÿ 9ÿ4789 647 454ÿ 5:;; 7547 5ÿ+ÿ6 ÿ6ÿ4 5ÿ8ÿ4789 647ÿ 4 9ÿ5964 ÿÿ9 64ÿ47ÿ454ÿ 5:;; 7547 5;7 5 95ÿ+ÿ7 6ÿ67ÿ 9ÿ47ÿ9 696ÿ454ÿ 5:;; 7547 5; 95ÿ9ÿ6ÿ!!!012'0 ÿ8!!!Q2!#'Q'9 012ÿ45ÿ67ÿ68849 64 647ÿ6974ÿ  9ÿ 4 ÿÿ64 47ÿ 7 ÿ9ÿ6ÿ4 95 989 ÿ67ÿ4754 ÿ9ÿ6ÿ796 5ÿ6ÿ ÿÿ96ÿ 49ÿ8ÿ 7 46 04467ÿ1 6 ÿ274 954ÿ 7547ÿ996 5ÿ67ÿ 6 9465ÿ69ÿ 7ÿÿ6ÿ4 ÿ969ÿÿ96 ÿ9ÿ76476 9447ÿ 7 9ÿ 7 9ÿ4 7 4ÿ9447ÿ6 ÿ 4 ÿ 4 ÿ45644ÿ446ÿ 485ÿ5 6ÿ947 647ÿ 6946 565ÿ86 4ÿ565ÿ9ÿ 967ÿ565ÿ55 ÿ47ÿ89 967 ÿ8ÿ012ÿ 7547ÿ9ÿ65ÿ8ÿ06ÿ!ÿ67ÿ"7 ÿ#$ %&%'ÿ47ÿ 9647ÿ4ÿ ÿ21ÿ( 69 7 ÿ8ÿ)949ÿ* 7 47ÿ+9ÿ(499ÿ012ÿ 7547ÿ65 ,67547ÿ0 ÿ'!!-'ÿ+45ÿ4789 647ÿ45ÿ89ÿ6476ÿ95 5ÿ7ÿ. 897 ÿÿ 946ÿ95ÿ9ÿ96 76 5ÿ 5ÿ7 ÿ4 ÿ795 7 ÿÿ012ÿ 7547ÿ9ÿ465ÿ66475ÿ5 ÿ7 ÿ 7 47  + ÿ'/ÿ06 ÿ67ÿ  ÿ6 ÿ5 46ÿ9 475ÿ89 ÿ17955ÿ9  ÿÿ ÿ%!ÿ211ÿ2$2 3 ÿ ÿ4ÿ ÿ4  96ÿ+96 ÿ1 45547ÿ%&&!ÿ149755ÿ6747 ÿ7946ÿ79 47ÿ)ÿ81677)9 8 5:;;8 ; 789 7 ;95;9 647969989 9 475;4975747 946 9 4799 Request for Appeal City of Manistee Zoning Board of Appeals 348 RIVER ST, MANISTEE, MICHIGAN 49660 River Street Hotel, LLC Basic Conditions - The Board shall find that a variance request meets all of the following conditions. 1.The requested variance is not contrary to the public interest or to the intent and purpose of this Ordinance. Justification: The charm of River Street is one of the greatest assets of Manistee, the public has in interest in promoting the conditions such that it continues to be a thriving historic main Street. The public also has interest in keeping its single-family housing for use as home ownership and long term rental. This project provides for both interests. The project promotes a thriving historic main street by heavily investing in the rehabilitation of an underutilized and functionally obsolete historic asset; providing not just a use in an underutilized space, but restoring the historic character of the façades which have been neglected, enhancing access to the riverwalk, and replacing all major building systems. This is a major and expensive restoration project that likely is not possible without the income provided by hotel rental. Additionally, the project promotes a thriving main street by creating opportunity for tourists to spend money on it. Using estimates from the Michigan Economic Development Council, this project is expected to bring over $1,300,000 in tourist spending to the area, much of which will be spent at restaurants and shops on River Street. The project also facilitates a thriving main street by creating spaces for families to stay when vacationing in Manistee. One reason short term rentals in single family housing has been successful is that traditional hotels do not provide space that is desirable to families. For these reasons, this project and the variance it requires, promotes the public interest and aligns with the intent of the Ordinance. 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. Justification: Hotels are a use permitted as of right in this zoning district. No special land use request is required to allow a hotel to be developed in this zoning district. 3.The requested variance does not create an adverse effect upon properties in the immediate vicinity or in the district. Justification: As described in question 1, above, the project is expected to be a benefit to the properties in the immediate vicinity and in the district because the project is intended to attract tourists who will spend money at those properties. We acknowledge that our guests will be utilizing public parking in the district, we believe this off site will be a benefit to the properties in the district. Our guests will need to walk past the restaurants and businesses to get to their car, making it more likely that they will stop and patronize them. Our guests may prefer to park their car and not move it for the weekend, in which case they would only be walking to local establishments. The ordinance allows hotels to lease parking within 200’ of the building. As described previously, the only lot that meets the 200’ threshold is a city owned public parking lot. It is better for the properties in the immediate vicinity of our project if we cannot exclusively lease spaces in that lot, if we are required to lease spaces in that lot, patrons of their businesses would no longer be able to utilize them. Finally, the existing building, while vacant currently, has historically utilized the public parking in the district. The hotel use is likely reducing the parking utilization that this building has always required. If the project was redeveloped to a different use, all other allowed uses would still utilize the public parking. For instance, if it was developed into apartments, the apartment users would have cars, likely more cars than the hotel users, even though that use has no parking requirement. Or if the building was refreshed into an event space, which is the current established use, that use would certainly create a larger parking burden on the district than a hotel. 4.The requested variance is not of a recurrent nature to require a change in the Zoning Ordinance. Justification: As described previously, most use types in this district do not have a parking requirement. Further, most properties in this district have access to some amount of parking though either a shared lot, rear loaded parking or side lot. Our property is on a particular part of the riverwalk that has no vehicular access to the rear. Because of those factors, it seems unlikely that there are many other small hotels in historic buildings that would be requesting a parking variance. 5.The requested variance is for property under the control of the applicant. Justification: The applicant purchased the property in 2022. 6.The requested variance was not self-created by the applicant or property owner. Justification: The existing building was constructed in 1910, before there were cars, zoning ordinances, parking standards etc. The property is a zero lot line, party wall development on the river, with no vehicular access on the river side. There has never been parking on this property and as long as the historic building remains, there will never be parking on site. 7.There is not an alternative that would allow the improvement to the property without the requested variance. Justification: There is no possibility of parking on the property without tearing down the existing building and the alternate of providing leased parking has been previously discussed and shown to be unfeasible or undesirable to the public. Those are the only to options to meet the parking requirements. 8.The requested variance is the minimum amount necessary to still permit the reasonable use of the land. Justification: Because there is no possibility of parking on site or to lease parking, the variance for eliminating the entire parking requirement is the minimum needed to develop the historic structure into a hotel. Special Conditions - When all of the foregoing basic conditions can be satisfied, a variance may be granted when any one (1) of the following special conditions can be clearly demonstrated: Is there an exceptional or extraordinary circumstance or physical condition (narrowness, shallowness, shape or topography) of the property or to the proposed use that does not apply to other properties or uses in the same zoning district? Justification: As described previously in the application, the existing historic structure is a traditional zero lot line, party wall development with no parking on site and no ability to add parking on site, without tearing down the historic asset. There are other properties in the district that are not restricted by these conditions. From: Marc Miller To: Bill Gambill; Katie Mehl Cc: Manistee DDA; Kyle Mosher; Stacie Bytwork; Jon and Lisa Faber; James Lewis Subject: Support for 348 River Street and waiving parking requirements Date: Wednesday, February 8, 2023 4:54:03 PM [WARNING: External Message - Use extreme caution opening links or attachments] Bill and Katie:   This morning at the DDA Board meeting there was a unanimous passing of a resolution of support on the 348 River Street or Emerald Cove Hotel project. It stated:   The Manistee DDA supports the 348 River Street redevelopment - Emerald Cove Hotel and The Mill Restaurant - which will develop a decade-long vacant historic building, and further express our support to other Manistee entities for the waiving of parking requirements for the 5 hotel rooms that the project will create. The discussion recognized the longstanding support of the DDA to redevelop an underutilized and vacant property in our downtown, that the property is a Redevelopment Ready Community priority site, and that the DDA has supported economic development efforts to focus on the redevelopment of that specific site. Please forward on to any necessary boards and commissions for their consideration. If you have any questions, please let me know. Sincerely, Marc M. -- *Click to enlarge signature card*  348 River Street, Circa 2021 334 RIVER ST 336 RIVER ST 338 RIVER ST 340 RIVER ST 340 1/2 RIVER ST 342 RIVER ST 342 1/2 RIVER ST 344 RIVER ST 346 RIVER ST 12 348 RIVER ST 350 RIVER ST 354 RIVER ST ST ER RIV 358 RIVER ST 339 RIVER ST 356 RIVER ST 360 RIVER ST 339 1/2 RIVER ST 343 RIVER ST 341 RIVER ST 345 RIVER ST R ST 347 RIVER ST RIVE 351 RIVER ST 72 FILER ST 353 RIVER ST GREENBUSH ST ± 355 RIVER ST Legend 74 FILER ST Address Points Parcel Lines 361 RIVER ST 359 RIVER ST 0 25 50 100 Feet 76 FILER ST  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 Wednesday, March 15, 2023, 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 51-51-452-703-07, commonly known as 346 & 348 River Street, Manistee, MI 49660. The applicant is seeking a variance from the City of Manistee Zoning Ordinance for the following: Section 514: Parking, Bike Parking and Sidewalks, Subsection H “H. For all permitted uses and special uses in the C-3 District the parking provisions of this section shall not apply, except to hotels, motels, and residential use condominiums. Required parking shall be provided within two hundred (200) feet of the building. One (1) space shall be provided per dwelling unit.” Granting of the variance would allow for the use of a hotel to take place on the parcel, without providing the required parking for the development. 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 Manistee County Planning Department or the Clerk’s Office at City Hall. Correspondence can be sent by mail, or hand delivered to the Manistee County Planning Department at 395 Third Street, Manistee, MI 49660; 231-723-6041. Please, mark it ATTN: City 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 February 23, 2023 395 3rd St. Manistee, MI 49660 231.723.6041 planning@manisteecountymi.gov Dear Occupant, www.manisteemi.gov You are receiving this letter because you own property or reside within 300 feet from a property being considered for a variance request. The City of Manistee Zoning Board of Appeals will hold a special meeting / public hearing at 6 pm on Wednesday, March 15, 2023, 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 51-51-452-703-07, commonly known as 346 & 348 River Street, Manistee, MI 49660. The applicant is seeking a variance from the City of Manistee Zoning Ordinance for the following: Section 514: Parking, Bike Parking and Sidewalks, Subsection H “H. For all permitted uses and special uses in the C-3 District the parking provisions of this section shall not apply, except to hotels, motels, and residential use condominiums. Required parking shall be provided within two hundred (200) feet of the building. One (1) space shall be provided per dwelling unit.” Granting of the variance would allow for the use of a hotel to take place on the parcel, without providing the required parking for the development. 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 Manistee County Planning Department or the Clerk’s Office at City Hall. Correspondence can be sent by mail, or hand delivered to the Manistee County Planning Department at 395 Third Street, Manistee, MI 49660; 231-723- 6041. Please, mark it ATTN: City 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 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 51-453-710-05 BAUR HOLDING LLC 321 RIVER ST MANISTEE MI 1085 NORTHOVER BLOOMFIELD HILLS MI 48304 51-453-708-04 ROZMAREK PAULA 74 FILER ST MANISTEE MI 74 FILER ST MANISTEE MI 49660 51-453-702-09 ASCENT PROPERTIES LLC 50 GREENBUSH MANISTEE MI 50 GREENBUSH STREET MANISTEE MI 49660 51-448-721-11 SKINNER JEFFREY RONALD 57 GREENBUSH ST MANISTEE MI 57 GREENBUSH ST MANISTEE MI 49660 51-453-706-13 PORTICO PROPERTIES LLC 52 GREENBUSH ST MANISTEE MI 677 LUGERS ROAD HOLLAND MI 49423 51-453-702-08 ASCENT PROPERTIES LLC 363 RIVER ST MANISTEE MI 50 GREENBUSH STREET MANISTEE MI 49660 51-453-710-21 CNUDDE MICHAEL 335 RIVER ST MANISTEE MI 335 RIVER STREET MANISTEE MI 49660 51-452-704-15 COASTAL INVESTMENTS TC 318 RIVER ST MANISTEE MI PO BOX 1026 MANISTEE MI 49660 51-453-702-07 DARLENE AND DALTON PROPERTIES LLC 365 RIVER ST MANISTEE MI 1794 RAMONA DRIVE MANISTEE MI 49660 51-452-702-14 CITY OF MANISTEE MANISTEE MI 70 MAPLE ST MANISTEE MI 49660 51-453-710-19 SCHRADER TRUST 333 RIVER ST MANISTEE MI 1205 TWENTY-THIRD ST MANISTEE MI 49660 51-453-710-25 BUCK DONALD B REVOCABLE TRUST 339 RIVER ST MANISTEE MI 861 SCHUMACHER DR LOS ANGELES CA 90048 51-453-710-13 NAVEDEH MOHAMMED & CYNTHIA 327 RIVER ST MANISTEE MI 2524 ALYDAR WEXFORD PA 15090 51-453-710-23 MAXX & COCO LLC 337 RIVER ST MANISTEE MI 337 RIVER ST MANISTEE MI 49660 51-452-703-15 PC ASSOCIATES PROPERTIES LLC 340 RIVER ST MANISTEE MI 340 RIVER ST MANISTEE MI 49660 51-453-710-09 BROCKELBANK DALE & BARBARA (LE) TR 323 RIVER ST MANISTEE MI 201 S WILLIAM UNIT 19 LUDINGTON MI 49431 51-453-710-11 NAVADEH MOHAMMED & CYNTHIA 325 RIVER ST MANISTEE MI 2524 ALYDAR WEXFORD PA 15090 51-453-708-08 CITY OF MANISTEE DOWNTOWN 341 RIVER ST MANISTEE MI 70 MAPLE ST MANISTEE MI 49660 51-452-703-11 DONTZ HOLDINGS LLC 344 RIVER ST MANISTEE MI 448 E KOTT RD MANISTEE MI 49660 51-452-704-13 GARTEN BRIAN T 320 RIVER ST MANISTEE MI 6185 WEST DECKER RD LUDINGTON MI 49431 51-448-721-13 LEBERT RAYMOND & LINDA 59 GREENBUSH ST MANISTEE MI 59 GREENBUSH ST MANISTEE MI 49660 51-452-703-13 LEWIS GERALD G & MARY A 342 RIVER ST MANISTEE MI 342 1/2 RIVER ST MANISTEE MI 49660 51-452-703-02 354 RIVER LLC 354 RIVER ST MANISTEE MI 361 SECOND ST MANISTEE MI 49660 51-452-704-01 M-66 PROPERTIES LLC 332 RIVER ST MANISTEE MI 1368 BUSINESS PARK DR TRAVERSE CITY MI 49686 51-453-710-15 NAVEDEH MOHAMMED & CYNTHIA 331 RIVER ST MANISTEE MI 2524 ALYDAR WEXFORD PA 15090 51-448-721-10 SAFE HARBOR HOMES LLC 75 FILER ST MANISTEE MI 726 HARBOR DR MANISTEE MI 49660 51-453-709-04 SAFE HARBOR HOMES LLC 62 FILER ST MANISTEE MI 726 HARBOR DR MANISTEE MI 49660 51-453-710-02 CITY OF MANISTEE MANISTEE MI 70 MAPLE ST MANISTEE MI 49660 51-448-721-09 KOSTECKI STEVEN B ET AL 71 FILER ST MANISTEE MI 71 FILER ST MANISTEE MI 49660 51-452-703-04 350 RIVER STREET LLC 350 RIVER ST MANISTEE MI 2310 60TH ST NE GRAND RAPIDS MI 49508 51-452-702-21 PORTICO PROPERTIES LLC 356 RIVER ST A MANISTEE MI 677 LUGERS ROAD HOLLAND MI 49423 51-452-703-17 MATTHEWS JAMES E & SUSAN 338 RIVER ST MANISTEE MI 1713 W 99TH ST CHICAGO IL 60643 51-452-703-07 RIVER STREET HOTEL LLC 348 RIVER ST MANISTEE MI 640 TWIN LAKES DR NE GRAND RAPIDS MI 49525 51-453-708-01 MIGLIO ROSE (LE) & 355 RIVER ST MANISTEE MI MIGLIO SALVATORE J JR 11129 SHAW WESTCHESTER IL 60154 51-453-709-01 VAN ALSTINE GABRIEL T 64 FILER ST MANISTEE MI 460 5TH ST MANISTEE MI 49660 51-452-702-15 WAVE 358-360 LLC 360 RIVER ST MANISTEE MI 677 LUGERS RD HOLLAND MI 49423 51-453-706-05 CITY OF MANISTEE MANISTEE MI 70 MAPLE ST MANISTEE MI 49660 51-448-721-07 CITY OF MANISTEE PARKING LOT MANISTEE MI 70 MAPLE ST MANISTEE MI 49660 51-453-702-05 MIBEACH PROPERTIES LLC 369 RIVER ST MANISTEE MI 345 5TH ST MANISTEE MI 49660 51-453-702-01 FREIBERG HOLDINGS LLC 375 RIVER ST MANISTEE MI 14642 190TH AVE BIG RAPIDS MI 49307 51-453-708-06 LFC LLC 345 RIVER ST MANISTEE MI 72 FILER ST MANISTEE MI 49660 51-452-702-01 MANISTEE INVESTMENTS LLC 378 RIVER ST MANISTEE MI PO BOX 237 BELLEVILLE MI 48112 51-453-709-09 THE BRINY BUILDING LLC 50 FILER ST MANISTEE MI 1212 VETERANS DR SUITE 210 TRAVERSE CITY MI 49684 51-452-704-03 DOWNTOWN DEVELOPMENT AUTHORITY 324 RIVER ST UNIT A MANISTEE MI 70 MAPLE ST MANISTEE MI 49660 51-101-350-01 CITY OF MANISTEE 177 MEMORIAL DR MANISTEE MI 70 MAPLE 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 February 22, 2023 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. For information on what constitutes a practical difficulty, please visit the following article by MSU Extension: https://www.canr.msu.edu/news/proving_a_practical_difficulty_for_a_dimensional_variance_request. Option B: Allow the variance as requested. The variance would allow for the use of a hotel to take place on the parcel, without the required parking spaces provided. 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, it is contingent on pulling a land use permit, and issuing of all other local, state, and federal requirements prior to the use commencing. 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