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CITY OF MUSKEGON
ZONING BOARD OF APPEALS
REGULAR MEETING
DATE OF MEETING: Tuesday, May 14, 2024
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 Special Meeting of March 26, 2024.
III. Public Hearings
A. Hearing, Case 2024-04: Request for a variance from Section 2316 of the zoning
ordinance to allow a parking area (circle drive) in the front yard, and from Section 404 to
exceed the maximum pavement coverage of 10%, allowed at 1712 Edgewater Drive by
Isabel Blake-Evans.
IV. New Business
V. Old Business
VI. Other
VII. Adjourn
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933 Terrace Street
Muskegon, MI 49440
231-724-6705
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CITY OF MUSKEGON
ZONING BOARD OF APPEALS
REGULAR MEETING MINUTES
March 26, 2024
Chairman J. Witmer called the meeting to order at 4:00 p.m. and roll was taken.
MEMBERS PRESENT: J. Witmer, V. Taylor, J. Montgomery-Keast, R. King, M. Gallavin, D.
Crockett, W. German (arrived at 4:04 p.m.)
MEMBERS ABSENT: D. Crockett
STAFF PRESENT: M. Franzak, S. Pulos, S. Romine
OTHERS PRESENT: None.
APPROVAL OF MINUTES
A motion that the minutes of the meeting of February 13, 2024, be approved was made by J.
Montgomery-Keast, supported by R. King, and unanimously approved.
NEW BUSINESS:
None.
PUBLIC HEARINGS
Hearing; Case 2024-03: Request for a variance from Section 404 of the zoning ordinance to
allow a new house to be constructed that will deviate from the height limit requirements of two
(2) stories and 35 feet, at 3534 Wilcox Avenue.
SUMMARY
1. The property was issued a variance for a smaller rear setback at the February 13 Zoning
Board of Appeals meeting. At the time, it was not known that the height of the building
would need a variance.
2. A new house is proposed on the parcel. The house would be located at the top of the
dune. The slope of the dune is preventing most of the property from being utilized,
causing the need to build more vertically.
3. The zoning ordinance states that the house may only be up to two stories and 35 feet tall.
The proposed house only measures 36’3” tall, even though it is technically three stories.
Please see the enclosed copy of the building elevations depicting the height of the house.
4. An easement will be created to allow for a new driveway that will be located on several
adjacent properties (all under the same ownership as of now).
5. Notice was sent to everyone within 300 feet of the property. At the time of this writing,
staff had not received any comments from the public.
PUBLIC COMMENTS
1. Denise Montambo – Stated that she has no issue with the Variance being approved.
2. Bruce Meyer – Stated that they were worried about stabilization.
Page 1 of 2
3. Marsha Lipps – Stated that they were concerned with the driveway drainage and snow
removal in the winter.
MOTION TO CLOSE PUBLIC HEARING
A motion to close the public hearing was made by J. Montgomery-Keast, supported by W.
German, and unanimously approved.
VARIANCE REVIEW STANDARDS
Questions to consider when reviewing a variance request:
a. Are there 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 classes 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
A motion was made by J. Montgomery-Keast, supported by V. Taylor, that the request for a
variance from Section 404 of the zoning ordinance to allow a new house to be constructed with
three stories up to 36’3” high at 3534 Wilcox Ave be (approved/denied) based on the review
standards in Section 2502 of the Zoning Ordinance.
ROLL CALL VOTE
J. Witmer: Yes V. Taylor: Yes J. Montgomery-Keast: No
R. King: No M. Gallavin: Yes W. German: Yes
MOTION PASSES
OLD BUSINESS
None
OTHER
None
ADJOURN
There being no further business, the meeting was adjourned at 4:47 p.m.
Page 2 of 2
CITY OF MUSKEGON
ZONING BOARD OF APPEALS
STAFF REPORT
Tuesday, May 14, 2024
Hearing, Case 2024-04: Request for a variance from Section 2316 of the zoning ordinance to
allow a parking area (circle drive) in the front yard, and from Section 404 to exceed the
maximum pavement coverage of 10%, allowed at 1712 Edgewater Drive by Isabel Blake-Evans.
SUMMARY
1. Please note that this project has already been completed and the application has been
submitted after the fact. The property owner has installed a circle drive in front of the house
without a permit. Circle drives are prohibited and the lot is over the pavement allotment.
2. The property is zoned R-1, Low Density Single Family Residential. Lots with this zoning
designation are allowed to cover up to 10% of their property with pavement.
3. This lot measures 9,525 sf, which would allow up to 952 sf of pavement. The amount of
pavement that existed on site before the circle drive addition was 1,250 sf. It appears
additional pavement was added for a rear yard patio in addition to the circle drive. The
applicant could not provide the amount of pavement that was used for the circle drive,
however, staff has estimated it another 450-500 sf.
4. Section 2316 of the zoning ordinance states “Residential parking areas for boats, trailers,
motor vehicles, and recreation equipment shall not be located in any front yard. This
section shall not prohibit direct access drive parking of automobiles on paved, established
driveways.” This area is also required to be landscaped per Section 2333 of the zoning
ordinance.
5. Notice was sent to everyone within 300 feet of the property. Please see the attached letters
in response to the public hearing.
1712 Edgewater Dr
Zoning Map
Aerial Map (before additional driveway was installed)
Answers Provided to Variance Questionnaire
Copy of denied plans (Plans were submitted after installation of circle drive).
Recent Similar Cases
The ZBA denied Case 2022-05 at 1038 Ada after the front yard was paved without a permit.
The ZBA approved 2023-04 at 1564 Hoyt St. The applicant requested front yard parking because
the house was built near the rear lot line and a drive was not possible in the rear.
Driveways along Edgewater St
Other questions to consider: Is there something unique about 1712 Edgewater Dr that should allow
an exception to the 10% pavement allotment or the circle drive restriction? Will a variance set a
precedent to allow other properties to pave their front yards over the allotted amount? Should the
zoning ordinance be amended to allow circle drives and more pavement without landscaping
requirements? Would that cause more properties, including short term rentals, to request pavement
for 7-8 cars?
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?
DELIBERATION:
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
parking area (circle drive) in the front yard, and from Section 404 to exceed the maximum
pavement coverage of 10%, allowed at 1712 Edgewater Drive be (approved/denied) based on the
review standards in Section 2502 of the Zoning Ordinance.
May 3, 2024
City of Muskegon
Planning Department
Zoning Board of Appeals Meeting
Case # 2024-04
933 Terrace Street, Rm 202
Muskegon, MI 49440
RE: 1712 Edgewater Street (Case # ZBA 2024-04)
I am in favor of this request for variance.
Edgewater Street has seen an increase in short term rentals over the last few
years. This is a problem that the City of Muskegon is currently dealing with.
These rentals have increased the parking demand on an already narrow street
with limited room for parking. Anytime we can provide additional off-street
parking, this is a good thing.
Sincerely,
Thomas Weatherbee
1747 Edgewater Street
Muskegon, Michigan 49441
From: mooke92@aol.com
To: Planning; Sue Mann
Subject: 1712 Edgewater Street (Case #ZBA 2024-04)
Date: Tuesday, May 7, 2024 7:56:32 AM
Dear Mr. Franzak,
In regards to the notice dated April 29th 2024 Case #ZBA 2024-04 and the request
for a variance for a circular drive in the front yard. We wholly support the issuance of
a variance for this driveway.
The drive is thoughtfully located and is aesthetically pleasing. The circular drive also
provides a very efficient way for guests and visitors to park while visiting without
creating unneeded road congestion.
As you are well aware, Edgewater Street is very narrow and street side parking
creates a dramatic narrowing of the road, disrupts traffic flow and creates safety
issues for residents and their families.
Respectfully
Kevin Moore & Susan Mann
1695 Edgewater Street
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From: Sherri Balaskovitz
To: Planning
Cc: iblakeev@gmail.com
Subject: Hearing, Case 2024-04: feedback on this project
Date: Wednesday, May 1, 2024 12:44:21 PM
Dear Mr. Franzak, all members of the City of Muskegon Zoning Board of Appeals, and the property owner of 1712
Edgewater Street, Muskegon, MI 494441,
I have seen the cemented parking area (circle drive) in the front yard of the 1712 Edgewater Street property.
It is my opinion that, although it exceeds Section 404 maximum pavement coverage of 10%, this circle drive gives
the home additional parking for family and friends while visiting; and it decongests the narrow street that creates
difficulty and even danger for pedestrians and passing cars when cars are parked on the street. I believe the circle
drive adds safety to our neighborhood and allows for pedestrians, bicyclers, and cars to have an open view of the
street and a lesser chance of any mishap to a person, a lesser chance of a bike or car getting scratched or dented, and
a lesser chance of a bike or car causing any such damage because of the circle drive parking area being used instead
of cars parking on the street.
Lastly, I am pleased with the circle drive addition added to the front yard being designed in a tasteful manner and
well planned out. I can envision the lawn and landscaping around the circle drive and look forward to the
completion of the landscaping to this new home in our community.
Thank you for bringing this hearing, case 2024-04 to my attention and asking for my opinion of the Request for a
variance from Section 2316 and Section 404.
Please, feel free to contact me if there are any further questions about my feedback concerning Case 2024-04.
Sincerely,
Sherri Balaskovitz, homeowner
1683 Edgewater Street
Muskegon, MI 49441
231-740-3026
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From: Mike Eichenberg
To: Planning; Mike Franzak
Subject: Re: 1712 Edgewater Street (Case # ZBA 2024-04)
Date: Monday, May 6, 2024 12:49:51 PM
Regarding the request for a variance to install (keep) the parking area (circle drive) at 1712
Edgewater Street, I feel you should allow this.
Edgewater Street is a narrow street that in the summer time gets very congested. Creating
off-street parking benefits all in the neighborhood by getting cars off the street. When cars
are parked on the street, they are parking in the travel lane essentially creating a one lane
street.
Thank you,
Mike Eichenberg
1661 Edgewater Street
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From: Larry Larsen
To: Planning
Subject: zoning hearing case 2024-04
Date: Wednesday, May 1, 2024 11:28:40 AM
I approve of the circle driveway at 1712 Edgewater. It helps eliminate parking on Edgewater
Street which is a very narrow street to begin with.
Larry Larsen
3245 Arlington Ave
Muskegon, MI 49441
--
Larry L Larsen
M 231.726.8485
H 231.755.6623
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