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CITY OF MUSKEGON
ZONING BOARD OF APPEALS
STAFF REVIEW
October 14, 2008
Hearing Case 2008-002: Request for a variance from Section 2316: Storage of Vehicles, to
allow the construction of a parking area and driveway for two (2) cars, located in the front yard,
at 3305 Thompson by Gretchen Page
BACKGROUND:
Applicant: Gretchen Page, 3328 Wilcox.
Property Owner: Same
Property Address(location): 3305 Thompson.
Zoning: R-1, Single Family
Current Land Use: Single family dwelling
Request: A variance request to allow the construction of a parking area and driveway for two (2)
cars, located in the front yard, at 3305 Thompson by Gretchen Page
.
STAFF OBSERVATIONS
1. Zoning of all parcels in the area is R-1, Single Family Residential.
2. The principal structure on the property is located to the rear of the property and over seventy
feet back from the road, with no room on either of the side setback areas for a parking area.
Directly to the rear of the home is a steep sloping dune.
3. The property currently has a parking area that is nonconforming and runs diagonally across
the front yard of the property. Additionally, the preexisting parking area, located in the front
yard, does not have its own access to the city street but uses a neighbors narrow drive
approach.
4. The proposed driveway and parking area shown on the site plan are located directly adjacent
to a city owned sidewalk easement which leads up the hill. While the site plan shows the
driveway directly adjacent to the city sidewalk, staff feels it is important that the drive should
be located a distance of at least three (3) feet from the city sidewalk. This would allow for a
clear demarcation area / green space between the driveway and walkway ensuring that
pedestrians would not encounter a car parked on the city sidewalk. Additionally, all
accessory structures are required to have a three (3) foot setback from the property line, if a
future garage was ever requested, the parking pad would already be in conformance with the
ordinance.
5. While the homeowner could pave their existing nonconforming driveway without a variance,
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the access to it could be limited if the neighboring property restricted access across their
property.
6. To conform to the Zoning Ordinance, the homeowner is required to provide enough space to
park two vehicles, on the lot, if the driveway is relocated. A parking space is defined as an
Eight (8) by Eighteen (18) foot area.
7. While this does not impact the current request, in June of 2003 this property was granted a
front yard variance for an accessory structure because of the demonstrated hardship that this
property is faced with.
8. Staff has not received any comments on this case.
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Application Page 2:
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Site Plan:
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Notification Map:
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Neighboring Homes
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View of City sidewalk and proposed drive location:
Current Parking Area:
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Ordinance Excerpts (emphasis added):
SECTION 2311: ACCESSORY STRUCTURES & BUILDINGS [amended 4/04]
Accessory buildings shall require a development permit or when required by building codes, a
building permit, except as otherwise permitted in this Ordinance, and shall be subject to the
following regulations:
1. Attached: Where the accessory building is structurally attached to a main building, it
shall be subject to, and must conform with, all regulations of this Ordinance applicable to
the main building.
2. Front Yard, prohibition: Buildings or structures accessory to the principal, shall
not be permitted in any front yard. Parking lots are prohibited in any residential
front yard. Security stations within an “I” District may be erected in any yard.
[amended 10/02]
2. Height restrictions: Buildings accessory to residential buildings shall not be more than
one (1) story or fourteen (14) feet in height.
3. Detached: Detached accessory buildings shall:
a. Be at least six (6) feet from any principal building
b. Be at least three (3) feet from any side or rear lot line.
c. Not be located within a dedicated easement or right-of-way.
d. Any accessory structure placed in a residential property or zone in the city shall
be of residential construction properly painted or sided. Pole style storage
buildings and sheet metal accessory structures are prohibited in all residential
zones or developments. [amended 8/01]
5. Replacement: Existing accessory structures may be replaced on the existing footprint
provided they are wholly contained within the property and meet the required front yard
setback.
6. Satellite Dishes: Satellite dishes over twenty four inches (24”) in diameter shall be
considered accessory structures. The setback placement of satellite dishes shall be
measured from the outermost edge of the dish.
7. Number: No more than one (1) accessory building shall be located on any parcel within
an "R" or "RT" district, except that two (2) may be permitted when one is a garage or
other shelter for automobiles belonging to the residence.
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8. Not Permitted Prior to a Principal Structure: Accessory buildings and structures shall not
be erected on a lot or parcel in a residentially zoned district prior to the establishment of a
principal structure. Where two or more abutting lots are held under one ownership or
control in a residentially zoned district, the owner may erect an accessory building on a
lot separate from that one which the principal building is located, provided both lots are
combined and used as one with a single tax description.
9. Solid Fuel Heating Appliances: Due to the nuisance smoke and concerns regarding the
public safety and welfare of residents living in relatively close proximity to one another,
outdoor solid fuel heating appliances are prohibited in all zoning districts in the City of
Muskegon. [amended 1/06]
DETERMINATION:
The following motion is offered for consideration:
I move that the findings of fact determined by the Zoning Board of Appeals be adopted and that
the variance request to allow construction of a parking area and driveway for two (2) cars, in the
front yard, be (approved/denied), based on the following review standards (found in Section
2502 of the Zoning Ordinance) and subject to conditions:
a. That 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. That such dimensional variance is 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. That the authorizing of such dimensional variance will not be of substantial detriment to
adjacent property and will not materially impair the purposes of this chapter or the public
interest.
d. That the alleged difficulty is caused by the Ordinance and has not been created by any person
presently having an interest in the property, or by any previous owner.
e. That the alleged difficulty is not founded solely upon the opportunity to make the property
more profitable or to reduce expense to the owner.
f. That the requested variance is the minimum action required to eliminate the difficulty.
CONDITIONS
1. That the additions to the property must be complete within one year (Sec. 2504) or the
variance is void.
2. An amended site plan with dimensions is submitted showing the driveway and parking area
located three (3) feet from the city easement.
3. The variance is recorded with the deed to keep record of it in the future.
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