Zoning Board of Appeals Packet 08-08-2023

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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

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

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  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
                                 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.

 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

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
    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?


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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