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CITY OF MUSKEGON ZONING BOARD OF APPEALS REGULAR MEETING DATE OF MEETING: Tuesday, September 14, 2021 TIME OF MEETING: 4:00 p.m. PLACE OF MEETING: Commission Chambers, First Floor, Muskegon City Hall AGENDA I. Roll Call II. Approval of Minutes of the Regular Meeting of August 19, 2021. III. Public Hearings A. Hearing; Case 2021-04: Request for a variance from Section 2334 of the zoning ordinance to allow for off-premise signage at 1812 Lakeshore Drive, by Christine Mattson. B. Hearing; Case 2021-05: Request for a variance from Section 2310 of the zoning ordinance to allow electrical lines to be buried on a steep slope at 3561 Woodlawn Court, by Bruce Meyer. IV. New Business V. Old Business VI. Other VII. Adjourn AMERICAN DISABILITY ACT POLICY FOR ACCESS TO OPEN MEETING OF THE CITY COMMISSION AND ANY OF ITS COMMITTEES OR SUBCOMMITTEES The City of Muskegon will provide necessary reasonable auxiliary aids and services, such as signers for the hearing impaired and audio tapes of printed materials being considered at the meeting, to individuals with disabilities who want to attend the meeting, upon twenty-four hour notice to the City of Muskegon. Individuals with disabilities requiring auxiliary aids or services should contact the City of Muskegon by writing or calling the following: Ann Marie Cummings, City Clerk 933 Terrace Street Muskegon, MI 49440 (231) 724-6705 TTY/TDD: Dial 7-1-1 and request that a representative dial 231-724-6705 CITY OF MUSKEGON ZONING BOARD OF APPEALS STAFF REPORT Tuesday, September 14, 2021 Hearing; Case 2021-04: Request for a variance from Section 2334 of the zoning ordinance to allow for off-premise signage at 1812 Lakeshore Drive, by Christine Mattson. SUMMARY 1. Section 2334.4 of the zoning ordinance prohibits off-premise signage. Businesses may not have signage on other properties, other than billboards. 2. The applicant is seeking a variance to allow the names of other businesses in Lakeside to be able to be painted on the new mural on the building at 1812 Lakeshore Dr. 3. This mural will be visible to tourists exiting the Cross Lake Ferry property. 4. Please see the responses below to page two of the application. 5. Notice was sent to properties within 300 feet of the property. At the time of this writing, staff had not received any comments. Proposed Signage on Mural Zoning Map Aerial Map VARIANCE REVIEW STANDARDS Questions to consider when reviewing a variance request: a. Are 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. 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: The following motion is offered for consideration: I move that that the request for a variance from Section 2334 of the zoning ordinance to allow for off-premise signage at 1812 Lakeshore Drive be (approved/denied) based on the review standards in Section 2502 of the Zoning Ordinance. Hearing; Case 2021-05: Request for a variance from Section 2310 of the zoning ordinance to allow electrical lines to be buried on a steep slope at 3561 Woodlawn Court, by Bruce Meyer. SUMMARY 1. This property is located in a critical dune and must follow the regulations in section 2310 (critical dunes) of the zoning ordinance. 2. The critical dune ordinance prohibits (unless a variance is granted) a use on a slope within a critical dune area that has a slope steeper than a 1-foot vertical rise in a 3-foot horizontal plane. 3. The slope of the dune in this area is greater than a 1-foot vertical rise in a 3-foot horizontal plane. 4. Please see the responses below to page two of the application. 5. Notice was sent to properties within 300 feet of the property. At the time of this writing, staff had not received any comments. Electrical Wires and Dune at 3561 Woodlawn Ct Zoning Map Aerial Map DETERMINATION: The following motion is offered for consideration: I move that that the request for a variance from Section 2310 of the zoning ordinance to allow electrical lines to be buried on a steep slope at 3561 Woodlawn Court be (approved/denied) based on the review standards in Section 2502 of the Zoning Ordinance.
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