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CITY OF MUSKEGON ZONING BOARD OF APPEALS REGULAR MEETING DATE OF MEETING: Tuesday, August 8, 2023 TIME OF MEETING: 4:00 p.m. PLACE OF MEETING: Conference Room 204, 2nd Floor, Muskegon City Hall AGENDA I. Roll Call II. Approval of Minutes of the Regular Meeting of April 11, 2023. III. Public Hearings A. Hearing; Case 2023-04: Request for a variance from Section 2316 of the zoning ordinance to allow a driveway in the front yard at 1564 Hoyt St. IV. New Business A. Training V. Old Business VI. Other VII. Adjourn AMERICAN DISABILITY ACT POLICY FOR ACCESS TO OPEN MEETINGS OF THE CITY OF MUSKEGON AND ANY OF ITS COMMITTEES OR SUBCOMMITTEES To give comment on a live-streamed meeting the city will provide a call-in telephone number to the public to be able to call and give comment. For a public meeting that is not live-streamed, and which a citizen would like to watch and give comment, they must contact the City Clerk’s Office with at least a two-business day notice. The participant will then receive a zoom link which will allow them to watch live and give comment. Contact information is below. For more details, please visit: www.shorelinecity.com 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 with twenty-four (24) hours’ notice to the City of Muskegon. Individuals with disabilities requiring auxiliary aids or services should contact the City of Muskegon by writing or by calling the following: 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, August 8, 2023 Hearing; Case 2023-04: Request for a variance from Section 2316 of the zoning ordinance to allow a driveway in the front yard at 1564 Hoyt St. SUMMARY 1. The property is zoned R-3, High Density, Single Family Residential. 2. The property measures 5,145 sf (39 x 131) and contains a 1,216 sf house. 3. The applicant only has about 14 feet of clearance in the back for a parking space, measured from the alley right-of-way to the house. This is not long enough for a standard parking space (typically 8’ x 18’). 4. The ordinance prohibits parking in the front of the house. However, you can have a driveway in the front yard if it extends past the house, long enough for a car to park (minimum of 18 feet long). The property does not have enough clearance on either side of the house to achieve the requirement. 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. 1564 Hoyt St Zoning Map Aerial Map 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 2316 of the zoning ordinance to allow a driveway in the front yard at 1564 Hoyt St be (approved/denied) based on the review standards in Section 2502 of the Zoning Ordinance.
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