Zoning Board of Appeals

PROCEEDINGS OF THE ZONING BOARD OF APPEALS- JANUARY 25, 2024 A regular meeting of the City of Manistee Zoning Board of Appeals was called to order by Chair Duane Jones on Thursday, January 25, 2024, at 5: 00 pm in the City Hall Council Chambers, 70 Maple Street followed by the Pledge of Allegiance. PRESENT: Denis Johnson, Duane Jones, and Marty Spaulding ABSENT: John Veach and Shelly Memberto ALSO PRESENT: Community Development Director— Theresa Waldo and Deputy Clerk— Lora Laurain ELECTION OF OFFICERS Chair: Duane Jones turned the meeting over to Lora Laurain during the election of the 2024 Chair. Boardmember Spaulding nominated Boardmember Jones for Chair. Boardmember Jones accepted the nomination. MOTION by Johnson, second by Spaulding to elect Boardmember Jones for Chair. With a roll call voice vote this motion passed unanimously. Vice Chair: Lora Laurain turned the meeting over to Chair Jones to continue with the Election of Officers. Boardmember Johnson nominated Boardmember Spaulding for Vice Chair. Boardmember Spaulding accepted the nomination. MOTION by Johnson, second by Jones to elect Boardmember Spaulding for Vice Chair. With a voice vote this motion passed unanimously. Secretary: The election for Secretary was tabled due to absences. Recording Secretary: Chair Jones appointed Lora Laurain as Recording Secretary for 2024. APROVAL OF AGENDA MOTION by Johnson, second by Spaulding to approve the agenda as presented. With a voice vote this motion passed unanimously. CONFLICTS OF INTEREST None APPROVAL OF MINUTES MOTION by Johnson, second by Spaulding to approve the March 15, 2023, Zoning Board of Appeals meeting minutes. With a voice vote this motion passed unanimously. I Page 1  PROCEEDINGS OF THE ZONING BOARD OF APPEALS— JANUARY 25, 2024 PUBLIC HEARING None NEW BUSINESS None OLD BUSINESS 348 River Street Parcel # 51- 51- 452- 703- 07 — A brief history of this property and the proposed development of a boutique hotel was provided by board members. No current work is happening at the property. 313 Maple Street Parcel 51- 51- 574- 726- 02— A brief history of the garage currently being built was provided by board members. PUBLIC COMMENTS AND COMMUNICATIONS None STAFF/ BOARD REPORTS Community Development Director/ Planning and Zoning- Theresa Waldo o Historic District— Waldo reported Kathryn Kenny is the new HDC Chair, Heritage Square property has been approved to remove the River Street canopy, and Old Kirke Museum, with HDC assistance, is applying for a SHPO grant o Planning Commission — Waldo reported interest in developing 300 Care Center Dr, fencing permits will be reinstated, and is working on Master Plan updates. Waldo has applied for a$ 30, 000 grant for updating the Master Plan and an approximately$ 500, 000 CHILL grant to improve homes with asbestos siding and safety/ health issues. MEMBERS DISCUSSION Chair Jones asked for a timeline on the Morton Salt project which has been approved twice by ZBA. Planning Commission Chair Mark Wittlieff reported there has been no progress on the project and will possibly need to reapply to the Planning Commission in August for a permit renewal. Spaulding addressed the ZBA filing fees and asked that the fee schedule and administrative process be reviewed and taken back to City Council for reconsideration. ADJOURN MOTION by Johnson to adjourn the meeting at 5: 30 pm. Lora Y Laurai , CMC/ MiPMC Deputy Clerk I Page 2 Case Study #10 Property Description: • Location: Gravel Street, downtown. • Building Structure: 3 stories. o Main Floor (2nd Level): Faces Gravel Street with windows. Planned to be a cofffee shop. o Bottom Level: Entrance on the riverside with windows. Planned for 2 apartments. o 3rd Level: Windows with two doors to the outside. Jessica plans to live here with her dog, Rover. Zoning District: C3 Central Business District • Current Zoning: C3 district (Article Fifteen: C3 Central Business District). • Usage: o Commercial Use: Coffee shop on the main floor. o Residential Use: Apartments on the bottom level and Jessica's residence on the 3rd floor. Considerations and Next Steps: 1. Zoning Compliance: o Review the C3 zoning regulations to ensure that both the coffee shop and residential apartments are permissible uses. The C3 district typically allows for mixed-use properties, but specific regulations and requirements should be verified. 2. Permits and Licenses: o Building Permits: Required for any structural changes, such as building apartments on the bottom level. o Business Licenses: Needed for operating the coffee shop. o Health Permits: Necessary for selling food, especially homemade recipes like the Danish pastries. 3. Parking: • Although there is no parking lot on the property, city parking is available. Ensure that the lack of on-site parking complies with local zoning regulations or if any special permissions or variances are needed. 4. Accessibility: • Ensure that the building modifications comply with accessibility standards (e.g., ADA compliance), especially for the commercial space on the main floor. 5. Building Safety: • Conduct a thorough inspection of the building to ensure it meets safety codes, particularly for residential use. • Consider fire safety measures, especially for apartments and the coffee shop. 6. Design and Renovation: • Plan the design and renovation of the building to accommodate the coffee shop and apartments while preserving the historical aspects of the property. 7. Business Plan: • Develop a comprehensive business plan for the coffee shop, including marketing strategies, target customer base, and financial projections. 8. Community Engagement: • Engage with the local community and potential customers to generate interest and gather feedback. Questions: 1. Given the mixed-use nature of my proposed development, I seek clarification on the following points: Parking Requirements: The property does not have an on-site parking lot, and I plan to rely on city parking. Are there specific parking requirements or provisions I need to adhere to for both the coffee shop and residential units? 2. Do you need more information to make an adequate finding? City of Manistee Zoning Ordinance Article Fifteen C-3 Central Business District As Amended thru June 30, 2023  ARTICLE FIFTEEN C-3 CENTRAL BUSINESS DISTRICT SECTION 1500 PURPOSE AND INTENT It is the intent of this District to protect and strengthen the commercial core of the City of Manistee as a regional and specialty shopping, service and entertainment area; to encourage a broad range of compatible retail, service, entertainment and residential uses formed vibrant, walkable and attractive districts in concert with the objectives of the Master Plan and Downtown Development Authority Plan; while establishing standards to manage traffic and parking, operational impacts, parking and shared parking, loading/unloading area, landscaping, and building form intended to complement existing commercial uses and surrounding residential neighborhoods. PERMITTED USES ♦ Uses similar to uses permitted by right, subject ♦ Accessory buildings with floor area less than or to Section 530 equal to the footprint of the principal structure ♦ Veterinary Clinic ♦ Accessory uses related to uses permitted by ♦ Wind Energy Convesrion System, Accessory right subject to Section 515.G ♦ Animal Grooming ♦ Community Garden, subject to Section 534 SPECIAL USES ♦ Convenience Store w/o fuel pumps ♦ Accessory buildings with floor area greater than ♦ Day Care, Commercial the footprint of the principal structure ♦ Day Care, Group ♦ Accessory uses related to special uses ♦ Duplex ♦ Adaptive Reuse ♦ Dwelling, Accessory ♦ Bed & Breakfast ♦ Dwelling, Lower Floor Accessory ♦ Contractor’s Facility ♦ Dwelling, Street/ Ground Floor Accessory ♦ Drive-through Establishment ♦ Dwelling, Upper Story Accessory, subject to ♦ Dwelling, Multiple unit Section 1504 ♦ Home Occupation, Major ♦ Eating and Drinking Establishment ♦ Marina ♦ Educational Facility ♦ Planned Unit Development ♦ Financial Institution ♦ Uses similar to permitted special uses ♦ Gallery or Museum ♦ Home Occupation, Minor, subject to Section SPECIAL USES 1847, B, 1. Requires Key Street Frontage ♦ Hotel ♦ Motel ♦ Laundry and Dry-Cleaning ♦ Place of Public Assembly Large ♦ Medical or Dental Office [Annotation: Community Garden was added as a Permitted Use ♦ Mixed Use Development by Amendment Z11-06, effective 9/25/11] ♦ Outdoor Recreation, Park [Annotation: Wind Energy Conversion System, Accessory was ♦ Parking Facility added as a Permitted Use by Amendment Z11-08, effective 12/28/11] ♦ Personal Service Establishment [Annotation: Mixed Use Development was changed from a ♦ Place of Public Assembly, Small Special use to a Permitted use by Amendment Z17-04, effective ♦ Professional Office 6/16/17] [Annotation: Animal Grooming, Day Care Commercial, Day Care ♦ Professional Service Establishment Group, Dwelling Accessory, Educational Facility, Motel, Tattoo ♦ Retail Business Parlor and Veterinary Clinic were ADDED as a Permitted use by ♦ Sports and Recreation Club Amendment Z18-07, effective 08/31/18] ♦ Studio for Performing and Graphic Arts [Annotation: Motel was ADDED as a Special Use (requires key street frontage by Amendment Z18-07, effective 08/31/18] ♦ Subdivision, Plat or Condo (of permitted uses) [Annotation: Duplex, Laundry and Dry-Cleaning, Parking Facility, ♦ Tattoo Parlor Public and Sports and Recreation Club (requires key street ♦ Theater City of Manistee Zoning Ordinance Page 1 Article Fifteen C-3 Central Business District  ADDITIONAL STANDARDS ♦ Site Plan requirements subject to Section 2203, except for upper story dwellings, which are subject to Section 2201, A ♦ Vehicular Parking Space, Access and Lighting requirements subject to Section 514 ♦ Landscaping requirements subject to Section 531 ♦ Signage requirements subject to Article 21. Signage requirement in Historic District subject to HDC Guidelines #2 – Signage. ♦ Dumpster and Enclosures subject to Section 506 ♦ Outdoor Lighting requirements, subject to Section 525 ♦ U.S. 31 Corridor Overlay District requirements, subject to Article 19 [Annotation: signage requirements were added by Amendment Z23-02, effective 06/30/23] DISTRICT REGULATIONS (b) Minimum Lot Area: 2,500 sq. ft. Minimum Lot Width: 25 ft. Maximum Dwelling Units/Acre (a) Max. Building Height 4 stories, or 50’ Minimum Building Setbacks Maximum Lot Coverage 100% Front(c) 0 ft. Waterfront Yard 20 ft Side(d) (e) 0 or 4 ft. (each side) Minimum Living Area 500 sq. ft. Rear(e) 6 ft. (a) Not more than three units per each fifteen hundred (1,500) square feet of building envelope (b) Except as may be permitted pursuant to Section 1870, Planned Unit Development. (c) Subject to Section 502, G (d) Where a building is not proposed to be sited on the side lot line, a minimum yard of four (4) feet shall be provided. (e) When a proposed commercial use is contiguous to a parcel in the R-1, R-2 or R-3 districts, the Planning Commission may require and additional buffer consisting of a ten (10) foot side and/or rear setback, a four (4) foot high landscaped berm or solid fence up to six (6) feet in height, or any combination thereof. SECTION 1501 USES PERMITTED BY RIGHT The following uses of buildings and land shall be permitted within the C-3 District subject to the provisions of Article 22, Site Plan Approval. A. Accessory buildings with floor area less than or equal to the footprint of the principal structure B. Accessory uses related to uses permitted by right, subject to Section 516 C. Animal Grooming D. Community Garden, subject to Section 534 E. Convenience Store, without fuel pumps. City of Manistee Zoning Ordinance Page 3 Article Fifteen C-3 Central Business District F. Day Care, Commercial G. Day Care, Group H. Duplex I. Dwelling, Accessory J. Dwelling, Lower Floor Accessory subject to Section 1505 K. Dwelling, Street/ Ground Floor Accessory subject to Section 1506 L. Dwelling, Upper Story Accessory subject to Section 1504 M. Eating and Drinking Establishment N. Educational Facility O. Financial Institution P. Gallery or Museum Q. Home Occupation, Minor subject to Section 1847, B, 1 R. Hotel S. Laundry and Dry Cleaning T. Medical or Dental Office U. Mixed Use Development V. Outdoor Recreation, Park W. Parking Facility X. Personal Service Establishment Y. Place of Public Assembly, Small Z. Professional Office AA. Professional Service Establishment BB. Retail Business CC. Sports and Recreation Club DD.Studio for Performing and Graphic Arts EE. Subdivision, Plat or Condo (of permitted uses) FF. Tattoo Parlor EE. Theater FF. Uses similar to uses permitted by right, subject to Section 530 GG. Veterinary Clinic HH. Wind Energy Conversion System, Accessory, subject to Section 515.G [Annotation: Community Garden was added as a Permitted Use by Amendment Z11-06, effective 9/25/11] [Annotation: Wind Energy Conversion System, Accessory was added as a Permitted Use by Amendment Z11-08, effective 12/28/11] [Annotation: Mixed Use Development was changed from a Special use to a Permitted use by Amendment Z17-04, effective 6/16/17] [Annotation: Animal Grooming, Day Care Commercial, Day Care Group, Dwelling Accessory, Educational Facility, Tattoo Parlor and Veterinary Clinic were ADDED as a Permitted use by Amendment Z18-07, effective 08/31/18] [Annotation: Duplex, Laundry and Dry-Cleaning, Parking Facility, Public and Sports and Recreation Club (requires key street frontage) were changed from a Special use to a Permitted use by Amendment Z18-07, effective 08/31/18] City of Manistee Zoning Ordinance Page 4 Article Fifteen C-3 Central Business District  [Annotation: Public was removed from parking facility by Amendment Z22-06, effective 01/13/23] SECTION 1502 USES PERMITTED BY SPECIAL LAND USE PERMIT The following uses of buildings and land may be permitted within the C-3 District, as special land uses subject to the provisions of Article 18, special land use approval. A. Accessory buildings with floor area greater than the footprint of the principal structure, subject to Section 1804 B. Accessory uses related to special uses, subject to Section 1805 C. Adaptive Reuse, subject to Section 1807 D. Bed & Breakfast, subject to Section 1813 E. Contractor’s Facility, subject to Section 1820 F. Drive-through Establishment, subject to Section 1828 G. Dwelling, Multiple Unit, subject to Section 1832 H. Home Occupation, Major, subject to Section 1847 I. Marina, subject to Section 1852 J. Motel, subject to Section 1861 - Requires Key Street Frontage K. Place of Public Assembly, Large, subject to Section 1868 – Requires Key Street Frontage L. Planned Unit Development, subject to Section 1870 M. Uses similar to permitted special uses, subject to Section 1886 [Annotation: Mixed Use Development was changed from a Special use to a Permitted use by Amendment Z17-04, effective 6/16/17] [Annotation: Motel was added as a Special Use (requires key street segment by Amendment Z18-07, effective 08/31/18] [Annotation: Duplex, Laundry and Dry-Cleaning, Parking Facility, Public and Sports and Recreation Club (requires key street frontage) were changed from a Special use to a Permitted use by Amendment Z18-07, effective 08/31/18] SECTION 1503 DIMENSIONAL STANDARDS Within the C-3 District, the following dimensional standards shall apply: A. Parcel Area – No building or structure shall be established on any parcel less than two thousand, five hundred (2,500) square feet in area. B. Parcel Width – For all uses the minimum parcel width shall be twenty-five (25) feet. C. Yard and Setback Requirements - The following requirements shall apply to every parcel, building or structure. 1. Front Yard: The minimum setback shall be 0 feet. 2. Side Yards: Except as provided in subparagraph 5 below, the minimum width of either side yard shall 0 feet. Where a building is not proposed to be sited on the side lot line, a minimum yard of four (4) feet shall be provided. 3. Rear Yard: Except as provided in subparagraph 5 below, the minimum rear setback shall six (6) feet. City of Manistee Zoning Ordinance Page 5 Article Fifteen C-3 Central Business District  4. Waterfront yard: For properties abutting the Manistee River Channel, the minimum setback from the ordinary high watermark shall be twenty (20) feet; provided however, that such setback shall not apply to docks, boat launching ramps, and riverwalks. 5. When a proposed commercial use is contiguous to an parcel in the R-1, R-2 or R-3 districts, the Planning Commission may require and additional buffer consisting of a ten (10) foot side and/or rear setback, a four (4) foot high landscaped berm or solid fence up to six (6) feet in height, or any combination thereof. D. Building Height. Except as a part of a Planned Unit Development, no structure in the C-3 District shall exceed the lesser of four (4) stories or fifty (50) feet in height. E. Living Area: No dwelling unit shall be constructed in the C-3 District which has less than five hundred (500) square feet of living area. F. Lot Coverage: Up to 100% of the parcel area may be covered by buildings. SECTION 1504 UPPER STORY DWELLINGS A. Upper story dwellings are permitted in existing structures within the C-3 district. New structures proposing upper story dwellings shall be governed as a mixed use. B. Upper story dwellings shall be accessed by a secure entrance dedicated for the exclusive use of building residents and guests. C. No commercial or office use shall be located on the same floor as a residential use. D. No dwelling unit shall exceed a maximum of two (2) bedrooms. E. Each dwelling unit shall have a minimum floor area of five hundred (500) square feet. F. A basic site plan shall be required and reviewed by the Zoning Administrator per Section 2201, A. SECTION 1505 Street/ Ground Floor Accessory Dwelling Standards A. Street/Ground Floor Accessory Dwellings are permitted in existing structures within the C- 3 district. New structures proposing lower story dwellings shall be governed as a mixed use. B. Street/Ground Floor Accessory Dwellings shall be accessed by a secure and separate entrance dedicated for the exclusive use of building residents and guests. C. Street/Ground Floor Accessory Dwellings shall have a maximum of three (3) bedrooms. D. Street/Ground Floor Accessory Dwellings shall have a minimum floor area of five hundred (500) square feet. E. The core living area of a Street/Ground Floor Accessory Dwelling is defined as the common living area and kitchen and shall exclude all bathrooms, closets, porches, decks, and storage areas. F. The core living area of any Street/Ground Floor Accessory Dwelling shall be a minimum of three hundred (300) square feet. City of Manistee Zoning Ordinance Page 6 Article Fifteen C-3 Central Business District G. Bedrooms of Street/Ground Floor Accessory Dwellings shall have a minimum floor area of one hundred (100) square feet. H. Forty (40%) percent of the Street/Ground Floor Accessory Dwelling shall be reserved for commercial space. This reservation of commercial space shall front/align with the public road (not alley) and shall extend into the building for forty (40%) of the Street/Ground Floor area. I. All Street/Ground Floor Accessory Dwellings shall meet all applicable Local, State and Federal Building Codes. SECTION 1506 Lower Floor Accessory Dwelling Standards A. Lower Floor Accessory Dwellings are permitted in existing structures within the C-3 district. New structures proposing lower story dwellings shall be governed as a mixed use. B. Lower Floor Accessory Dwellings shall be accessed by a secure and separate entrance dedicated for the exclusive use of building residents and guests. C. Lower Floor Accessory Dwellings shall have a maximum of three (3) bedrooms. D. Lower Floor Accessory Dwellings shall have a minimum floor area of five hundred (500) square feet. E. The core living area of a Lower Floor Accessory Dwelling is defined as the common living area and kitchen and shall exclude all bathrooms, closets, porches, decks, and storage areas. F. The core living area of any Lower Floor Accessory Dwelling shall be a minimum of three hundred (300) square feet. G. Bedrooms of Lower Floor Accessory Dwellings shall have a minimum floor area of one hundred (100) square feet. H. All Lower Floor Accessory Dwellings shall meet all applicable Local, State and Federal Building Codes City of Manistee Zoning Ordinance Page 7 Article Fifteen C-3 Central Business District