Zoning Board of Appeals Minutes 02-09-2016

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                                               CITY OF MUSKEGON
                                            ZONING BOARD OF APPEALS
                                                REGULAR MEETING

                                                     February 9, 2016

Chairman R. Hilt called the meeting to order at 4:00 p.m. and roll was taken.

MEMBERS PRESENT:                            R. Hilt, B. Larson, E. Carter, E. Fordham

MEMBERS ABSENT:                             S. Warmington, T. Halterman, W. German

STAFF PRESENT:                              M. Franzak, D. Renkenberger

OTHERS PRESENT:                             J. Lewis, J. Lewis


A motion to retain R. Hilt as Chairman and E. Fordham as Vice Chairman was made by B.
Larson, supported by E. Carter and unanimously approved.


A motion that the minutes of the regular meeting of December 8, 2015 be approved was made by
B. Larson, supported by E. Carter and unanimously approved.


Hearing; Case 2016-02: Request for a variance from Section 404 of the zoning ordinance to
allow a property to have 17% of the lot covered in pavement in a R-1, Single Family Residential
district at 1686 Beach St, by Jeff and Julie Lewis. M. Franzak presented the staff report. This
parcel measures 5,410 square feet, which makes it an unbuildable lot by today’s standards.
However, it is considered a legal lot of record because it was a legal lot at the time it was platted,
and no changes to the size of the lot have been made since then. The applicants will be putting
an addition on the home, which will include a garage in the front of the home. Currently, there is
no garage and the only parking pad is located behind the house. This parking pad will be
removed during the addition. They would like to put a new driveway in front of the house that
will lead to the garage. The ordinance allows residential properties to have a maximum
pavement coverage of 10% of the property, which would allow this property to have 541 square
feet of pavement. This property is unique because there is an adjacent easement which serves as
the ingress/egress to five other properties in this block. A portion of this paved alley/easement
is located on the property at 1686 Beach St. and cannot be removed. The amount of pavement
for this alley that is located on 1686 Beach St. totals 440 square feet, leaving only 101 square
feet of additional pavement that can be added to the property. In order to have a driveway that
will reach their garage, they need an additional 440 square feet of pavement on the lot, which
will bring their total pavement allotment up to 17% of the property. In addition, one reason for
allowing only 10% for pavement coverage is due to drainage. That is not a concern on this
property, since it is all beach sand.

Zoning Board of Appeals Minutes – 2/09/16                                                           1
E. Fordham asked if there was a height restriction in that area. M. Franzak stated that there was,
and that would be addressed when a site plan is submitted. J. Lewis stated that the house behind
them on Nelson St. was at a higher elevation than the houses on Beach St.

A motion to close the public hearing was made by B. Larson, supported by E. Carter and
unanimously approved.

Board members discussed the review standards. The following findings of fact were offered: 1)
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, specifically the easement on the property; 2) 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; 3)
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, 4) 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, 5) 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 6) That the requested variance is the minimum action required
to eliminate the difficulty.

A motion that the variance request to allow 17% of the property at 1686 Beach Street to be
covered in pavement be approved, was made by B. Larson, supported by E. Carter and
unanimously approved, with R. Hilt, B. Larson, E. Carter, and E. Fordham voting aye.





There being no further business, the meeting was adjourned at 4:10 p.m.

Zoning Board of Appeals Minutes – 2/09/16                                                         2

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