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CITY OF MUSKEGON
ZONING BOARD OF APPEALS
REGULAR MEETING
DATE OF MEETING: Tuesday, November 12, 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 May 14, 2024.
III. Public Hearings
A. Hearing, Case 2024-06: Request for variances from Section 404 of the Zoning Ordinance
to construct a new home on a 2,500-square-foot lot, with a rear setback of 7 feet, at 2125
Beidler Street.
B. Hearing, Case 2024-07: Request for a variance from Section 2316 of the zoning
ordinance to allow a parking area in the front yard, at 1002 W. Forest Avenue by Thomas
Serio.
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, November 12, 2024
Hearing, Case 2024-06: Request for variances from Section 404 of the Zoning Ordinance to
construct a new home on a 2,500-square-foot lot, with a rear setback of 7 feet, at 2125 Beidler
Street.
SUMMARY
1. The property is zoned R-2, Medium Density Single-Family Residential. The lot is
considered non-conforming because it does not meet the minimum lot size requirement of
4,000 sf. The lot measures 2,500 sf (62.5’x 40’). The house is considered non-conforming
because it does not meet the minimum setback requirement of 15 feet. The lot is described
as the north half of lot 13, Block 5.
2. The applicant would like to demo the existing house on site and rebuild. Please see the
enclosed site plan. The plan would need a variance from the minimum lot size requirement
and the rear setback requirement. The minimum rear lot setback requirement is 15 feet, this
plan proposes a 7-foot rear setback. All other setbacks and zoning requirements would be
met.
3. Please see the responses to the zoning questionnaire on the following pages.
4. Notice was sent to everyone within 300 feet of the property. At the time of this writing,
staff had not received any public comments.
2125 Beidler St
Zoning Map
Aerial Map
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 variances from Section 404 of the Zoning Ordinance to construct a
new home on a 2,500-square-foot lot, with a rear setback of 7 feet, at 2125 Beidler St be
(approved/denied) based on the review standards in Section 2502 of the Zoning Ordinance.
Hearing, Case 2024-07: Request for a variance from Section 2316 of the zoning ordinance to
allow a parking area in the front yard, at 1002 W. Forest Avenue by Thomas Serio.
SUMMARY
1. The property is zoned R-2, Medium Density Single-Family Residential. The building is
considered non-conforming because it does not meet the minimum rear lot setback
requirement of 15 feet. The house is setback nearly 100 feet from the front property line.
2. The applicant would like to add off-street parking spaces, but there is no room for parking
in the rear. The applicant is proposing a 24’x 24’ concrete parking pad in the front yard.
Please see the enclosed site plan.
3. The lot measures 6,405 sf. The zoning ordinance allows up to 15% (960 sf) of the lot to be
paved. The proposed parking pad measures 576 sf. The parking pad could provide up to
three parking spaces.
4. Section 2316.1 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.”
5. Please see the responses to the zoning questionnaire on the following pages.
6. Notice was sent to everyone within 300 feet of the property. At the time of this writing,
staff had not received any public comments.
1002 W Forest Ave
Zoning Map
Aerial Map
Answers Provided to Variance Questionnaire
REVIEW STANDARDS
Questions to consider when reviewing a variance request:
g. 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?
h. 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?
i. Will the authorizing of such dimensional variance be of substantial detriment to adjacent
properties?
j. 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?
k. Is the alleged difficulty founded solely upon the opportunity to make the property more
profitable or to reduce expense to the owner?
l. 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 24’ x
24’ paved parking pad in the front yard at 1002 W. Forest Avenue be (approved/denied) based
on the review standards in Section 2502 of the Zoning Ordinance.
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