Zoning Board of Appeals Packet 05-13-2025

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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




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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

                                         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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