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CITY OF MUSKEGON
ZONING BOARD OF APPEALS
REGULAR MEETING
DATE OF MEETING: Tuesday, June 10, 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 May 13, 2025.
III. Public Hearings
A. Hearing, Case 2025-05: Request for variances from Section 2311 of the zoning ordinance
to construct a 144 square foot shed that is less than 3 feet from the side property line and
1.5 feet from the home, at 1423 Lakeshore Drive.
IV. New Business
V. Old Business
VI. Other
VII. Adjourn
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Muskegon, MI 49440
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CITY OF MUSKEGON
ZONING BOARD OF APPEALS
STAFF REPORT
June 10, 2025
Hearing, Case 2025-05: Request for variances from Section 2311 of the zoning ordinance to
construct a 144 square foot shed that is less than 3 feet from the side property line and 1.5 feet
from the home, at 1423 Lakeshore Drive.
SUMMARY
1. The property is zoned R, Neighborhood Residential. The parcel measures 6,600 sf and is
located on a relatively historic portion of Lakeshore Drive, with homes dating back into the
late 1800s/early 1900s.
2. A single-family house has been sited on the lot for many years that later transitioned into a
two-unit home. The house sits to the rear of the property, leaving very little space in the
rear yard for any potential accessory structures. Prior to recent renovation work, the house
included a one-stall attached garage which was built up to the side property line, deeming
the house a non-conforming structure.
3. The applicant purchased the property in the October 2024, and several renovations have
taken place since then. During the storm in June 2024, a tree fell onto the single-stall
attached garage. The garage was deemed to be beyond repair and was demolished in
November. The applicant was informed that they could not rebuild the garage due to the
nonconforming status per Article XXII of the zoning ordinance.
4. The applicant is requesting to add a 144sf shed/garage that would sit 1.5 feet from the
principal structure and approximately one-foot from the side yard lot line to the northeast.
There are two violations of the ordinance with the addition of the detached 144sf
shed/garage. The side yard setback requirement of at least three feet cannot be met, nor can
the setback to the principal structure requirement of at least six feet.
5. The applicant has also obtained a Development Permit to install a six-foot white vinyl
privacy fence, which was approved.
6. Staff became aware at the time of this writing that the applicant has already installed the
foundation for the requested accessory structure.
7. Please see the enclosed denied site plan as well as a copy of a recent sketch from the
Assessing Department that shows the current layout of the structures on the property.
8. 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.
1423 Lakeshore Drive
House prior to the 2024 renovations, with former garage visible at left.
Picture from May 8, 2025 of the accessory structure foundation.
Zoning Map
Aerial Map (2023 photo)
6/5/25, 3:34 PM Parcel Number-24-205-497-0009-00 | Muskegon County | BS&A Online
Image/Sketch for Parcel: 24-205-497-0009-00
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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 2311 of the zoning ordinance to construct a 144
square foot shed that is less than 3 feet from the side property line and 1.5 feet from the home, at 1423
Lakeshore Drive, be (approved/denied) based on the review standards in Section 2502 of the
Zoning Ordinance.
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