Zoning Board of Appeals Packet 11-14-2023

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                                                                CITY OF MUSKEGON
                                                             ZONING BOARD OF APPEALS
                                                                REGULAR MEETING


DATE OF MEETING:                                           Tuesday, November 14, 2023
TIME OF MEETING:                                           4:00 p.m.
PLACE OF MEETING:                                          City Hall Commission Chambers, First Floor, Muskegon City Hall


                                                                                      AGENDA
I.            Roll Call

II.           Approval of Minutes of the Regular Meeting of August 8, 2023.

III.          Public Hearings

       A. Hearing; Case 2023-05: Request for a variance from Section 404 of the zoning ordinance
          to allow a building addition with a reduced side yard (east side yard) setback of 5 feet at
          2229 Surfwood Dr.

IV.           New Business

V.            Old Business

VI.           Other

VII.          Adjourn




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                                                           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, November 14, 2023


Hearing; Case 2023-05: Request for a variance from Section 404 of the zoning ordinance to
allow a building addition with a reduced side yard (east side yard) setback of 5 feet at 2229
Surfwood Dr.

SUMMARY
 1. The property is zoned R-1, Low Density, Single Family Residential.
 2. The parcel is a combination of lot 25 and lot 26 of the original plat. In total, it measures
    6,881 sf (56’ x 124’). To be considered a buildable lot, a parcel in this district must have at
    least 50 feet of road frontage and be at least 6,000 sf. This lot meets both of those
    requirements.
 3. The applicant is proposing a two-story addition to the east side of the house. The ordinance
    requires that a two-story house in this district be setback at least eight feet from the side
    property line. The proposed side setback on the east side of this property would be only
    five feet.
 4. It also appears that the west side property line is not currently being met, making this
    structure legally non-conforming. However, this addition would not increase that non-
    conformity because the addition will be on the other side of the house.
 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.
Zoning Map




Aerial Map
                                           Site Plan




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?
Answers provided to variance questionnaire
                          Letter from adjacent neighbors to the east




DETERMINATION:

The following motion is offered for consideration:

I move that the request for a variance from Section 404 of the zoning ordinance to allow a
building addition with a reduced east side yard setback of 5 feet at 2229 Surfwood Dr. be
(approved/denied) based on the review standards in Section 2502 of the Zoning Ordinance.

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