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CITY OF MUSKEGON
ZONING BOARD OF APPEALS
REGULAR MEETING
DATE OF MEETING: September 14, 2010
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 Regular Meeting of June 8, 2010
III. PUBLIC HEARINGS
A. Hearing Case 2010-005: Request for a variance from Section 2311: Accessory Structures &
Buildings, to allow an accessory structure (shed) to be erected in an area considered to be a
front yard, at 1919 Terrace Street, by Karen Gokey.
IV. OLD BUSINESS
IV. Adjourn
AMERICAN DISABILITY ACT POLICY FOR ACCESS TO OPEN MEETINGS OF THE
CITY COMMISSION AND ANY OF ITS COMMITTEES OR SUBCOMMITTEES
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, upon twenty-four hour notice to the City of Muskegon. Individuals with disabilities requiring auxiliary
aids or services should contact the City of Muskegon by writing or calling the following:
Ann Marie Becker, City Clerk
933 Terrace Street
Muskegon, MI 49440
(231) 724-6705
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CITY OF MUSKEGON
ZONING BOARD OF APPEALS
STAFF REVIEW
September 14, 2010
Hearing Case 2010-005: Request for a variance from Section 2311: Accessory Structures &
Buildings, to allow an accessory structure (shed) to be erected in an area considered to be a front
yard.
BACKGROUND:
Applicant: Karen Gokey
Property Owner: Same
Property Address(location): 1919 Terrace Street
Zoning: R-1 Single Family Residential
Current Land Use: Single Family Home
Request: A variance request to allow the construction of a shed to be erected in a rear yard but an
area considered by ordinance to be a front yard.
.
STAFF OBSERVATIONS
1. Zoning of adjacent parcels are all R-1 Single Family Residential.
2. This request is the result of staff discovering a metal shed placed in the yard before a permit
was applied for. Unfortunately, a permit could not be approved in this situation.
3. This parcel is irregularly shaped with two road frontages and is located between Terrace
Street and Howden Street just south of Holbrook Avenue.
4. The homeowner placed stakes in the ground to indicate where they would like the shed to be
placed and the proposed location of the shed is 55 feet 6 inches from the back of the home, 6
feet 9 inches from the north side lot line, 16 feet from the south side lot line and 17 feet from
the Howden sidewalk. Due to the parcel being located between two streets, it is considered a
front yard under the ordinance definitions. The above measurements were made by staff and
the lot line locations were located to staffs best ability.
5. The proposed location does keep the shed behind the front building line of the adjacent
homes facing Howden Street to minimize the aesthetic impact of the shed among the homes
and the homeowner indicates on Page 2 of the application that landscaping will be used to
further screen the shed from the Howden Street view..
6. The proposed shed will be 10 x 10 in size for a total of 100 square feet in area. This is well
under the maximum allotment for a shed on this property.
7. The metal shed in place now will be removed and a conventional wood shed will be used.
Metal sheds are not allowed in the city due to problems with sustainability and appearance.
8. There is no location along the side lot lines adjacent to the home for the shed to be legally
located.
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Application Page 2:
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Site Plan:
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Notification Map:
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Terrace St. (front) View of home:
Howden St. (rear) view of property:
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Looking to the North (towards Holbrook) neighbor:
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Looking to South neighbor (towards dead end of Howden):
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Ordinance Excerpts (emphasis added):
Definitions:
Yards: The open spaces on the same lot with a main building, unoccupied and unobscured from
the ground upward except as otherwise provided in this Ordinance, and as defined herein.
[amended 10/02]
Front Yard: An open unoccupied space extending the full width of the lot, the depth
of which is the horizontal distance between the front lot line and the nearest point of
the building. In the case of lots abutting lakes, rivers, and canals, the front yard shall be
that side of the lot or parcel on the street side.
Rear Yard: A space extending the full width of the lot the depth of which is the
horizontal distance between the rear lot line and the nearest point of the main building.
Side Yard: An open space between a main building and the side lot line, extending from
the front yard to the rear yard, the width of which is the distance from the nearest point of
the main building.
Lot Lines: The lines bounding a lot or parcel (see Figure 2-7). [amended 10/02]
Lot Line, Front: The line(s) separating the lot from any street right-of-way,
private road or other access easement. Such line shall be continuous at least
a sufficient length to conform with the minimum lot width requirement of the
district.
Front Lot Line, Principal: For a corner lot, the front lot line adjacent to the street
which the front door of the home faces (or is proposed to face).
Front Lot Line, Secondary: For a corner lot, the front lot line which is not
considered to be the principal front lot line.
Lot Line, Rear: The lot line opposite and most distant from the front lot line. In
the case of a triangular or otherwise irregularly shaped lot or parcel, an imaginary
line at least ten (10) feet in length entirely within the lot or parcel, parallel to and
at a maximum distance from the front lot line. In the case of a corner lot, the lot
line opposite the principal front lot line.
Lot Line, Side: Any lot line other than a front or rear lot line.
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SECTION 2311: ACCESSORY STRUCTURES & BUILDINGS [amended 4/04]
Accessory buildings shall require a development permit or when required by building codes, a
building permit, except as otherwise permitted in this Ordinance, and shall be subject to the
following regulations:
1. Attached: Where the accessory building is structurally attached to a main building, it
shall be subject to, and must conform with, all regulations of this Ordinance applicable to
the main building.
2. Front Yard, prohibition: Buildings or structures accessory to the principal, shall
not be permitted in any front yard. Parking lots are prohibited in any residential front
yard. Security stations within an “I” District may be erected in any yard. [amended
10/02]
2. Height restrictions: Buildings accessory to residential buildings shall not be more than
one (1) story or fourteen (14) feet in height.
3. Detached: Detached accessory buildings shall:
a. Be at least six (6) feet from any principal building
b. Be at least three (3) feet from any side or rear lot line.
c. Not be located within a dedicated easement or right-of-way.
d. Any accessory structure placed in a residential property or zone in the city shall
be of residential construction properly painted or sided. Pole style storage
buildings and sheet metal accessory structures are prohibited in all residential
zones or developments. [amended 8/01]
5. Replacement: Existing accessory structures may be replaced on the existing footprint
provided they are wholly contained within the property and meet the required front yard
setback.
6. Satellite Dishes: Satellite dishes over twenty four inches (24”) in diameter shall be
considered accessory structures. The setback placement of satellite dishes shall be
measured from the outermost edge of the dish.
7. Number: No more than one (1) accessory building shall be located on any parcel within
an "R" or "RT" district, except that two (2) may be permitted when one is a garage or
other shelter for automobiles belonging to the residence.
8. Not Permitted Prior to a Principal Structure: Accessory buildings and structures shall not
be erected on a lot or parcel in a residentially zoned district prior to the establishment of a
principal structure. Where two or more abutting lots are held under one ownership or
control in a residentially zoned district, the owner may erect an accessory building on a
lot separate from that one which the principal building is located, provided both lots are
combined and used as one with a single tax description.
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9. Solid Fuel Heating Appliances: Due to the nuisance smoke and concerns regarding the
public safety and welfare of residents living in relatively close proximity to one another,
outdoor solid fuel heating appliances are prohibited in all zoning districts in the City of
Muskegon. [amended 1/06]
10. Wind Turbines: Wind turbines as accessory structures are allowed in Industrial and
Business zones, after review and approval of the site plan by the Planning Commission
with the following conditions:
a. Minimum parcel size shall be two (2) acres.
b. For safety reasons, one of the following is required of any tower capable of being
climbed:
i. A six (6) foot locked, protective fence around the perimeter of the base of
the wind turbine.
ii. A climbing apparatus no closer than 12 feet from the ground.
c. Wind turbine set backs from the property line shall be at least equal to one and
one half times the vertical height measured from the ground to the tallest point of
the structure, including the highest elevation of the wind turbine rotor.
d. Height limit of any free-standing wind turbine shall be 65 feet. Such total height
shall include both support structure and the highest elevation of the wind turbine
rotor. Height limits on top of a building shall be allowed according to Section
2309, Height Regulations.
e. Wind turbines shall be located away from overhead utility lines, including service
drops, and if the structure should fail, must fall at least (five) 5 feet away from
any overhead utility lines.
f. Wind turbines may not be located in the front yard in Business zoning districts.
g. Wind turbines shall be permitted to be located on the site prior to the principal
structure only if accessory to the rest of the development or part of a wind turbine
facility.
h. Wind turbines shall meet the requirement of Article II, Section 26 of the City of
Muskegon Code of Ordinances (noise ordinance).
i. The owner shall make all reasonable efforts to minimize shadow flicker to any
occupied building on the property or any adjacent property.
j. An abandoned wind turbine must be removed from the site by the property owner
within 12 months. It shall be considered abandoned from the last date that it was
providing electricity for the grid or development. If removal of the wind turbines
and related facilities are not completed within 30 days from the date of
notification by the Zoning Administrator, the City of Muskegon may proceed to
remove the wind turbine and related facilities, in which case the salvaged material
becomes the property of the City and all costs of removing the wind turbine and
related facilities will remain the burden of the property owner and added to
owner’s tax bill as a lien on the property.
k. No signage shall be allowed, except for one sign not exceeding two (2) square
feet posted at the base of the tower, containing the following information:
i. “Warning high voltage”
ii. Manufacturer’s name.
iii. Operator’s name.
iv. Emergency phone number.
v. Emergency shut down procedures.
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l. Wind turbines shall require a building permit and must comply with all
requirements of the Building Inspections Department.
m. Wind turbines shall be designed so as to have the least impact on the aesthetics of
surrounding properties and sight lines. They shall be either monopole or
monolithic tube construction and a non-obtrusive color, such as white, off-white
or gray.
n. In the case of multiple wind turbines on the site, Section 2310, #4 through #8
shall apply and review and approval of the site plan must be granted by the
Planning Commission. [amended 10/09]
DETERMINATION:
The following motion is offered for consideration:
I move that the findings of fact determined by the Zoning Board of Appeals be adopted and that
the variance request to allow construction of a 100 sq. ft. non-metallic shed, be
(approved/denied), based on the following review standards (found in Section 2502 of the
Zoning Ordinance) and subject to conditions:
a. That 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. That such dimensional variance is 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. That the authorizing of such dimensional variance will not be of substantial detriment to
adjacent property and will not materially impair the purposes of this chapter or the public
interest.
d. That the alleged difficulty is caused by the Ordinance and has not been created by any person
presently having an interest in the property, or by any previous owner.
e. That the alleged difficulty is not founded solely upon the opportunity to make the property
more profitable or to reduce expense to the owner.
f. That the requested variance is the minimum action required to eliminate the difficulty.
CONDITIONS
1. That the additions to the property must be complete within one year (Sec. 2504) or the
variance is void.
2. The shed is located as indicated in this report.
3. Staff is allowed to approve any minor size & location adjustments needed, as long as the
shed remains behind the front building line of the homes facing Howden Street.
4. The variance is recorded with the deed to keep record of it in the future.
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