Zoning Board of Appeals Packet 02-28-2023

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                                                                CITY OF MUSKEGON
                                                             ZONING BOARD OF APPEALS
                                                                REGULAR MEETING


DATE OF MEETING:                                           Tuesday, February 28, 2023
TIME OF MEETING:                                           4:00 p.m.
PLACE OF MEETING:                                          Commission Chambers, First Floor, Muskegon City Hall


                                                                                      AGENDA
I.            Roll Call

II.           Elections

III.          Approval of Minutes of the Regular Meeting of October 11, 2022.

IV.           Public Hearings

       A. Hearing; Case 2023-01: Request for a variance from Section 2334 of the zoning
          ordinance to allow two monument signs on one parcel at 1747 7th St, by the Muskegon
          Rescue Mission.

       B. Hearing; Case 2023-02: Staff initiated request for a variance from the form-based code
          section of the zoning ordinance to allow a house to be built with less than a 15-foot rear
          setback and elimination of certain design criteria at 2043, 2051, 2065, 2075 and 2085
          Dowd St.

V.            New Business

VI.           Old Business

VII.          Other

VIII.         Adjourn




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                                                                                   Ann Marie Meisch, MMC
                                                                                          City Clerk
                                                                                       933 Terrace Street
                                                                                     Muskegon, MI 49440
                                                                                         231-724-6705
                                                                                   clerk@shorelinecity.com
                                 CITY OF MUSKEGON
                              ZONING BOARD OF APPEALS
                                   STAFF REPORT

                                  Tuesday, February 28, 2023


Hearing; Case 2023-01: Request for a variance from Section 2334 of the zoning ordinance to
allow two monument signs on one parcel at 1747 7th St, by the Muskegon Rescue Mission.


SUMMARY
 1. The property is zoned B-4, General Business.
 2. The new building will have two suites with two separate tenants. One suite will be accessed
    off of Park St and one will be access off of 7th St.
 3. The ordinance only allows for one sign at this property. Please see the ordinance excerpt on
    the following pages.
 4. Please see the answers to the variance request application questions on the following pages.
 5. All properties within 300 feet of the applicant were notified, at time of this writing staff had
    not received any comments from the public.


                                1747 7th St (under construction)
Zoning Map




Aerial Map
Ordinance Excerpt:

Section 2334:7c

Number: One monument, or pole sign is permitted per property, regardless of the number of
businesses there, except that one additional freestanding sign may be erected per road frontage when
the development has parallel frontage on at least one major street or corner frontages on at least one
major street, totaling over 500 linear feet. Properties with frontage on Muskegon Lake are permitted
an additional monument or pole sign on the water frontage only.


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 the request for a variance from Section 2334 of the zoning ordinance to allow two
monument signs on one parcel at 1747 7th St be (approved/denied) based on the review standards
in Section 2502 of the Zoning Ordinance.
Hearing; Case 2023-02: Staff initiated request for a variance from the form-based code section of
the zoning ordinance to allow a house to be built with less than a 15-foot rear setback and
elimination of certain design criteria at 2043, 2051, 2065, 2075 and 2085 Dowd St.

SUMMARY
   1. The lots are zone Form Based Code, Urban Residential.
   2. The lots are irregularly shaped and not nearly as deep as standard lots in Muskegon. They
      are only 75’ deep.
   3. The maps depict four lots, but they have recently been spilt into five. However, they will
      be reconfigured again into three lots to allow for three separate four-plexes.
   4. The rear setback minimum is 15-feet.
   5. Since the lots are only 75’ deep, it doesn’t leave much room for building placement. The
      only way to meet the required 15-foot rear setback would be to place the building about
      12 feet from the front property line. However, that would create a situation where cars
      parked in the driveway would hang over the right-of-way and potentially a sidewalk
      someday.
   6. The alley easement in the back is not paved. Since the garages have to be located in the
      front, it will not be possible to meet the design criteria in the code.
   7. Campbell Field park is located in the back of these properties.
   8. All properties within 300 feet of the applicant were notified, at time of this writing staff
      had not received any comments from the public.



                                     Proposed Site Plans
Zoning Map




Aerial Map
REVIEW STANDARDS
Questions to consider when reviewing a variance request:
    g. 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?
    h. 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?
    i. Will the authorizing of such dimensional variance be of substantial detriment to adjacent
       properties?
    j. 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?
    k. Is the alleged difficulty founded solely upon the opportunity to make the property more
       profitable or to reduce expense to the owner?
    l. Is the requested variance the minimum action required to eliminate the difficulty?



DETERMINATION:

The following motion is offered for consideration:

I move that the request for a variance from the form-based code section of the zoning ordinance
to allow a house to be built with only an eight-foot rear setback and elimination of the design
criteria at 2043, 2051, 2065, 2075 and 2085 Dowd St be (approved/denied) based on the review
standards in Section 2502 of the Zoning Ordinance.

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