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CITY OF MUSKEGON
ZONING BOARD OF APPEALS
SPECIAL MEETING
DATE OF MEETING: Tuesday, March 26, 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 Regular Meeting of February 13, 2024.
III. Public Hearings
A. 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 Ave.
IV. New Business
V. Old Business
VI. Other
VII. Adjourn
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City Clerk
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Muskegon, MI 49440
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CITY OF MUSKEGON
ZONING BOARD OF APPEALS
STAFF REPORT
Tuesday, March 26, 2024
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 Ave.
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. 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.
View of the Steep Hill at 3534 Wilcox Ave
(Wooded lot to the right of the house on the corner)
3534 WilcoxAve
Zoning Map
Site Plan
Answers Provided to Variance Questionnaire
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 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.
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