Zoning Board of Appeals Minutes 05-13-2025

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CITY OF MUSKEGON
ZONING BOARD OF APPEALS
REGULAR MEETING MINUTES
May 13, 2025

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

MEMBERS PRESENT:                V. Taylor, R. King, D. Crockett, M. Gallavin, and J. Montgomery-Keast.
MEMBERS ABSENT:                 J. Hite and W. German
STAFF PRESENT:                  M. Franzak, S. Romine
OTHERS PRESENT:                 None.

APPROVAL OF MINUTES
A motion that the minutes of the regular meeting of April 8, 2025, be approved was made by D.
Crockett, supported by J. Montgomery-Keast, and unanimously approved.

NEW BUSINESS:
None.

PUBLIC HEARINGS
Hearing, Case 2025-04: Request for variances from Section 404 of the zoning ordinance for a reduction
in the minimum rear setback requirement of 15 feet and from Section 2310 of the zoning ordinance to
allow more than one accessory structure on the site at 1515 Lawrence Ave.
SUMMARY
  1. The property is zoned R, Neighborhood Residential. The parcel is very large and is actually three
     lots combined into one. It measures 20,085 sf.
  2. A single-family house has been sited on the lot for many years. A recent building addition and an
     additional shed were added without permits. The applicant is now applying for permits after the
     fact.
  3. There are two violations of the ordinance with these new additions. The rear lot setback
     requirement of at least 15 feet has not been met. The rear setback of the new addition to the
     principal structure is eight feet. Also, only one accessory structure (i.e., shed) is allowed on a
     residential lot. The addition of another accessory structure violates Section 2311 of the zoning
     ordinance. This new accessory structure appears to be a relaxation area for the pool, but is not
     considered another livable unit.
  4. The ordinance also requires that the parcel not be covered more than 50% by structures. Even
     with the additions, the lot is still only about 38% covered by structures. The structures cover 7,645
     sf of the 20,085 sf lot.
  5. Please see the enclosed denied site plan and also a copy of a recent sketch from the Assessor’s
     Department that includes the new additions.
  6. Notification was sent to every property within 300 feet of this address. At the time of this writing,
     staff had not received any public comments.




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PUBLIC COMMENT
J. Eubanks, 1510 Dudley Ave: Spoke in support of the variance.

T. Bowen, 1530 Oak Ave: Has no issues with approving the variance.

MOTION TO CLOSE PUBLIC HEARING
A motion to close the public hearing was made by J. Montgomery-Keast, supported by D. Crockett, and
unanimously approved.

VARIANCE REVIEW STANDARDS
Questions to consider when reviewing a variance request:
     a. Are there 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 classes of uses in the same zoning district?
    b. Is the dimensional variance 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. Will the authorizing of such dimensional variance be of substantial detriment to adjacent
       properties?
    d. Is the alleged difficulty caused by the ordinance and not by any person presently having an
       interest in the property, or by any previous owner?
     e. Is the alleged difficulty founded solely upon the opportunity to make the property more
        profitable or to reduce expense to the owner?
    f.   Is the requested variance the minimum action required to eliminate the difficulty?

DETERMINATION
A motion was made by R. King, supported by J. Montgomery-Keast, that that the request for variances
from Section 404 of the zoning ordinance for a reduction in the rear setback requirement to seven feet
and from Section 2310 of the zoning ordinance to allow more than one accessory structure on site at
1515 Lawrence Ave be approved based on the review standards in Section 2502 of the Zoning
Ordinance.

ROLL CALL VOTE
V. Taylor: Yes          J. Montgomery-Keast: Yes        D. Crockett: Yes
M. Gallavin: Yes        R. King: No Yes

MOTION PASSES

OLD BUSINESS
None

OTHER
None

ADJOURN
There being no further business, the meeting was adjourned at 4:15 p.m.




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