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CITY OF MUSKEGON ZONING BOARD OF APPEALS REGULAR MEETING DATE OF MEETING: Tuesday, May 13, 2025 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 April 8, 2025. III. Public Hearings A. Hearing, Case 2025-04: Request for variances from Section 404 of the zoning ordinance for a reduction in the minimum rear setback requirement of 15 feet and from Section 2310 of the zoning ordinance to allow more than one accessory structure on site at 1515 Lawrence Ave. IV. New Business V. Old Business VI. Other VII. Adjourn AMERICAN DISABILITY ACT POLICY FOR ACCESS TO OPEN MEETINGS OF THE CITY OF MUSKEGON AND ANY OF ITS COMMITTEES OR SUBCOMMITTEES To give comment on a live-streamed meeting the city will provide a call-in telephone number to the public to be able to call and give comment. For a public meeting that is not live-streamed, and which a citizen would like to watch and give comment, they must contact the City Clerk’s Office with at least a two-business day notice. The participant will then receive a zoom link which will allow them to watch live and give comment. Contact information is below. For more details, please visit: www.shorelinecity.com The City of Muskegon will provide necessary reasonable auxiliary aids and services, such as signers for the hearing impaired and audio tapes of printed materials being considered at the meeting, to individuals with disabilities who want to attend the meeting with twenty-four (24) hours’ notice to the City of Muskegon. Individuals with disabilities requiring auxiliary aids or services should contact the City of Muskegon by writing or by calling the following: 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 May 13, 2025 Hearing, Case 2025-04: Request for variances from Section 404 of the zoning ordinance for a reduction in the minimum rear setback requirement of 15 feet and from Section 2310 of the zoning ordinance to allow more than one accessory structure on site at 1515 Lawrence Ave. SUMMARY 1. The property is zoned R, Neighborhood Residential. The parcel is very large and is actually three lots combined into one. It measures 20,085 sf. 2. A single-family house has been sited on the lot for many years. A recent building addition and an additional shed were added without permits. The applicant is now applying for permits after the fact. 3. There are two violations of the ordinance with these new additions. The rear lot setback requirement of at least 15 feet has not been met. The rear setback of the new addition to the principal structure is eight feet. Also, only one accessory structure (i.e. shed) is allowed on a residential lot. The addition of another accessory structure violates Section 2311 of the zoning ordinance. This new accessory structure appears to be a relaxation area for the pool, but is not considered another livable unit. 4. The ordinance also requires that the parcel not be covered more than 50% by structures. Even with the additions, the lot is still only about 38% covered by structures. The structures cover 7,645 sf of the 20,085 sf lot. 5. Please see the enclosed denied site plan and also a copy of a recent sketch from the Assessor’s Department that includes the new additions. 6. Notification was sent to every property within 300 feet of this address. At the time of this writing, staff had not received any public comments. 1515 Lawrence Ave House after an addition in 2015. Picture from 2015 of the back yard. The basketball court has recently been removed and a building addition and pool has been placed in this area. New addition and shed recently placed in the back yard. 1515 Lawrence Ave from the back yard. New housing addition to the right. New shed to the left. 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 for a reduction in the rear setback requirement to seven feet and from Section 2310 of the zoning ordinance to allow more than one accessory structure on site at 1515 Lawrence Ave be (approved/denied) based on the review standards in Section 2502 of the Zoning Ordinance.
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