Zoning Board of Appeals Packet 12-05-2024

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                                                                CITY OF MUSKEGON
                                                             ZONING BOARD OF APPEALS
                                                                REGULAR MEETING


DATE OF MEETING:                                           Tuesday, December 10, 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 November 12, 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 2024-08: Request for a variance from Section 2316 of the zoning
          ordinance to allow a parking area in the front yard, and from Section 404 to exceed the
          maximum pavement coverage of 15% allowed, at 2035 Letart Avenue.

IV.           New Business

V.            Old Business

VI.           Other

VII.          Adjourn




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                                                                                   Ann Marie Meisch, MMC
                                                                                          City Clerk
                                                                                       933 Terrace Street
                                                                                     Muskegon, MI 49440
                                                                                         231-724-6705
                                                                                   clerk@shorelinecity.com
                                CITY OF MUSKEGON
                             ZONING BOARD OF APPEALS
                                  STAFF REPORT

                                 Tuesday, December 10, 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 received one comment from the public. Please see the enclosed email.

                                       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 2024-08: Request for a variance from Section 2316 of the zoning ordinance to
allow a parking area in the front yard, and from Section 404 to exceed the maximum pavement
coverage of 15% allowed, at 2035 Letart Avenue.

SUMMARY
 1. The property is zoned R-1, Neighborhood Residential. The parking pad has already been
    installed and the variance request is coming in after the fact.
 2. There is a paved parking space in the rear of the property off of the alley, but the position
    of the shed makes it difficult to add another parking space. The proposed parking space in
    the front of the house does not meet the ordinance standards because it does not extend at
    least 18 feet past the front of the house, which makes it considered front yard parking. The
    side setback of the house is too small to allow for a parking space on the side of the house.
 3. The existing parking pad in the rear measures 415 sf. The property measures 5,187 sf,
    which allows up 1,037 (20% of lot) sf of pavement. The new parking pad in the front
    measures 287 sf, for a total of 622 sf of pavement. The zoning ordinance was recently
    amended to allow up to 20% of pavement coverage on a lot, so the variance for the
    pavement allotment is no longer needed.
 4. There is no sidewalk in the front, but if one were to ever be installed, it appears that a car
    parked on the pad would not hang over the sidewalk.
 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.


                                       2035 Letart 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
parking area in the front yard, be (approved/denied) based on the review standards in Section
2502 of the Zoning Ordinance.

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