Zoning Board of Appeals Packet 04-11-2023

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                                                                CITY OF MUSKEGON
                                                             ZONING BOARD OF APPEALS
                                                                REGULAR MEETING


DATE OF MEETING:                                           Tuesday, April 11, 2023
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 Special Meeting of February 28, 2023.

III.          Public Hearings

       A. Hearing, Case 2023-03: Request for a variance from Section 1103 of the zoning
          ordinance to allow more than 25% of the parcel to be paved at 1540 W Sherman Blvd.,
          by William Pals.

IV.           New Business

V.            Old Business

VI.           Other

VII.          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, April 11, 2023


Hearing, Case 2023-03: Request for a variance from Section 1103 of the zoning ordinance to
allow more than 25% of the parcel to be paved at 1540 W Sherman Blvd., by William Pals.

SUMMARY
 1. The property is zoned B-2, Convenience & Comparison Business.
 2. The property measures 14,400 sf (144’ x 100’) and contains a 2,000 sf building.
 3. The applicant is proposing to demolish the building and pave the property to create a
    parking lot.
 4. The zoning ordinance restricts the amount of pavement allowed on each property.
    Properties in B-2 districts are only allowed to pave up to 25% of their site.
 5. The applicant has failed to demonstrate the hardship with the property that is necessary in
    order to be granted a variance. In the response to the questions on page two of the
    application, the applicant states that the issue is with the zoning ordinance requirements.
    This suggests that an ordinance amendment may be necessary, not a variance that would
    grant special rights to select property owners.
 6. The site plan for the parking lot that was denied can be found on the following pages.
    Pavement covers approximately 85% of the property.
 7. All properties within 300 feet of the applicant were notified, at time of this writing staff had
    not received any comments from the public.


                           1540 W Sherman Blvd (middle building)
Zoning Map




Aerial Map
Site plan for parking lot that was denied:




Ordinance excerpt:




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 1103 of the zoning ordinance to allow more
than 25% of the parcel to be paved at 1540 W Sherman Blvd be (approved/denied) based on the
review standards in Section 2502 of the Zoning Ordinance.

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