Zoning Board of Appeals Minutes 10-08-2013

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                                                CITY OF MUSKEGON
                                             ZONING BOARD OF APPEALS
                                                 REGULAR MEETING

                                                   October 8, 2013

Chairman R. Hilt called the meeting to order at 4:02 p.m. and roll was taken.

MEMBERS PRESENT:                         R. Hilt, S. Warmington, B. Larson, W. German Jr., T. Halterman,
                                         E. Fordham

MEMBERS ABSENT:                          None

STAFF PRESENT:                           M. Franzak, D. Renkenberger

OTHERS PRESENT:                          T. Vruggink, GMB Architects; H. Kaplan, County of Muskegon

A motion that the minutes of the regular meeting of September 12, 2013 be approved was made
by S. Warmington, supported by B. Larson and unanimously approved.

E. Fordham arrived at 4:04 p.m.


R. Hilt disclosed that he was a board member of the Milwaukee Clipper, and had dealings with
the County of Muskegon in that capacity. However, he would not be personally or financially
affected by the outcome of this case.

Hearing; Case 2013-05: Case 2013-05: Request for a variance from Section 1309, Area and Bulk
Requirements, of the Zoning Ordinance to construct a building within the 10 foot minimum front
setback at 990 Terrace Street, by the County of Muskegon. M. Franzak presented the staff report.
The County of Muskegon will be constructing an addition to the jail, to be located on the same
parcel as their current facility at 990 Terrace Street (also known as 25 West Walton). This parcel
is unique because it is surrounded by streets on all four sides, which means that it has four front
yards according to the zoning ordinance. This presents a hardship, as the layout of the property
will cause the mechanical equipment and enclosure to be located in a front yard. This is not
allowed unless it is screened with part of the building. However, there is not enough room to fit
it in the current setback requirement of 10 feet. There are several other buildings in the area that
are located within the 10-foot setback, as well as some utilizing the zero lot line option, so
granting the variance would not be detrimental to adjoining properties. The applicant is asking
for a variance to be able to construct the mechanical equipment enclosure with a front setback of
2 feet, 6 inches on Pine Street.

S. Warmington asked if the 2–foot, 6-inch measurement was from the edge of the sidewalk. T.
Vruggink stated that it was from the right-of-way line inside the sidewalk, and it would not
impede the sidewalk. He described the screening to be used and why it was necessary.

Zoning Board of Appeals Minutes – 10/08/13                                                                 1
A motion to close the public hearing was made by B. Larson, supported by W. German and
unanimously approved.

The following findings of fact were offered: a) That there are exceptional or extraordinary
circumstances or conditions applying to the property in question or to the intended use of the
property that do not apply generally to other properties or class of uses in the same zoning
district, b) That such dimensional variance is necessary for the preservation and enjoyment of a
substantial property right possessed by other properties in the same zoning district and in the
vicinity, c) That the authorizing of such dimensional variance will not be of substantial detriment
to adjacent property and will not materially impair the purposes of this chapter or the public
interest, d) That the alleged difficulty is caused by the Ordinance and has not been created by any
person presently having an interest in the property, or by any previous owner, e) That the alleged
difficulty is not founded solely upon the opportunity to make the property more profitable or to
reduce expense to the owner, and f) That the requested variance is the minimum action required
to eliminate the difficulty.

A motion that the findings of fact determined by the Zoning Board of Appeals be adopted and
that the variance request to allow for a front setback of no less than 2 feet, 6 inches on Pine
Street be approved, was made by S. Warmington, supported by B. Larson and unanimously




Resignation – Board members were notified that S. Brock resigned his position with the ZBA
because he had moved out of the City.

2014 Meeting Dates – Board members were notified that the City Clerk wanted to change the
day of the ZBA meetings for 2014, to avoid conflict with City Commission meetings. Staff will
work with the Clerk to come up with an alternate day. Both the ZBA Chair and the Vice Chair
stated that they were not available on Thursdays.

There being no further business, the meeting was adjourned at 4:22 p.m.

Zoning Board of Appeals Minutes – 10/08/13                                                       2

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