Citizens District Council Agenda 10-02-2013

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                                                CITY OF MUSKEGON
                                             ZONING BOARD OF APPEALS
                                                 REGULAR MEETING

                                                        April 9, 2013

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

MEMBERS PRESENT:                            R. Hilt, S. Warmington, B. Larson, W. German Jr., S. Brock

MEMBERS ABSENT:                             E. Fordham, T. Halterman,

STAFF PRESENT:                              M. Franzak, D. Renkenberger


A motion that the minutes of the regular meeting of August 14, 2012 be approved was made by
B. Larson, supported by W. German and unanimously approved.


A motion to retain R. Hilt for Chairperson was made by B. Larson, supported by S. Warmington
and unanimously approved.

A motion to nominate B. Larson for Vice Chairperson was made by S. Warmington, supported
by S. Brock and unanimously approved.


Hearing; Case 2013-01: Request for a variance from Section 1103: AREA AND BULK
REQUIRMENTS, to allow a building expansion closer to the front lot line than the required ten-
foot minimum setback in a B-2, Convenience and Comparison Business District at 1983
Lakeshore Drive, by The Marine Tap Room, Inc. M. Franzak presented the staff report. The
applicant would like to place a permanent deck and awning structure at the front of the building.
This property was previously granted a permit for a temporary deck, which is shown in a picture
provided to board members. The property is zoned B-2, Convenience and Comparison Business
District. The minimum front yard setback in this district is 10 feet. The building currently has a
front setback of 7.5 feet, which makes the structure legally non-conforming. The applicant
would like to have a zero lot line and construct the structure all the way up to the building line.
The structure will be a total of 40 feet wide and will extend 22 feet from the road on the east side
of the building. If the variance is granted, it would now make this property a legally conforming
structure, since it would now meet all of the setback requirements (the front setback will now
have the variance).

S. Warmington stated that allowing this variance would change the building from a non-
conforming structure to a conforming structure, due to the zero lot line allowance. He stated that
the building was built before the current zoning ordinance requiring the larger front setback.
Most businesses in this block sit very close to the street.
Zoning Board of Appeals Minutes – 4/09/13                                                                1
A motion to close the public hearing was made by B. Larson, supported by S. Brock 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 place a deck and awning structure in the front setback at 1983
Lakeshore Drive be approved, subject to the conditions that 1) the additions to the property must
be complete within one year (Sec. 2504) or the variance is void, and 2) the variance is recorded
with the deed to keep record of it in the future, was made by B. Larson, supported by W. German
and unanimously approved.





There being no further business, the meeting was adjourned at 4:20 p.m.

Zoning Board of Appeals Minutes – 4/09/13                                                        2

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