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CITY OF MUSKEGON
ZONING BOARD OF APPEALS
REGULAR MEETING
DATE OF MEETING: Tuesday, April 12, 2022
TIME OF MEETING: 4:00 p.m.
PLACE OF MEETING: Commission Chambers, First Floor, Muskegon City Hall
AGENDA
I. Roll Call
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II. Approval of Minutes of the Regular Meeting of January 11, 2022.
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III. Public Hearings
A. Hearing; Case 2022-02: Request for a variance from Section 404 of the zoning ordinance
to allow a principal structure addition with a reduced side setback of only 2.5 feet on the
west side of the property at 3692 Simpson Ave.
IV. New Business
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V. Old Business
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VI. Other
VII. Adjourn
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AMERICAN DISABILITY ACT POLICY FOR ACCESS TO OPEN MEETING 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
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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 Cummings, City Clerk
933 Terrace Street
Muskegon, MI 49440
(231) 724-6705
TTY/TDD: Dial 7-1-1 and request that a representative dial 231-724-6705
CITY OF MUSKEGON
ZONING BOARD OF APPEALS
STAFF REPORT
Tuesday, April 12, 2022
Hearing; Case 2022-02: Request for a variance from Section 404 of the zoning ordinance to
allow a principal structure addition with a reduced side setback of only 2.5 feet on the west side
of the property at 3692 Simpson Ave.
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SUMMARY
1. The property is zoned R-1, Low Density Single Family.
2. The property has a house and a detached garage on site. The house currently meets all of
the required setbacks. The garage is considered legally non-conforming because it does not
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meet the required three-foot side setback on the west side of the property. It is placed about
2.5 feet off of the property line.
3. The applicant is requesting to demo the existing one-story house and build a new two-story
house. They would like to keep the existing garage and attach it to the new house.
4. Once a garage is attached to a house, it is considered part of the house and is required to
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meet the setback requirements of a principal structure, which is six feet. The side setback
on the west side of the property would only be 2.5 feet.
5. Please see the enclosed responses to page two of the application.
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6. Notice was sent to properties within 300 feet of the property. At the time of this writing,
staff had not received any comments from the public.
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Existing House & Garage at 3692 Simpson Ave
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Zoning Map
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Aerial Map
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VARIANCE 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?
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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?
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f. Is the requested variance the minimum action required to eliminate the difficulty?
DETERMINATION:
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The following motion is offered for consideration:
I move that that the request for a variance from Section 404 of the zoning ordinance to allow a
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principal structure addition with a reduced side setback of only 2.5 feet on the west side of the
property at 3692 Simpson Ave be (approved/denied) based on the review standards in Section
2502 of the Zoning Ordinance.
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