Zoning Board of Appeals Minutes 11-14-2017

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                                             CITY OF MUSKEGON
                                          ZONING BOARD OF APPEALS
                                              REGULAR MEETING

                                                November 14, 2017

Chairman R. Hilt called the meeting to order at 4:00 p.m. and roll was taken.

MEMBERS PRESENT:                         R. Hilt, S. Warmington, B. Larson, W. German, J. Witmer

MEMBERS ABSENT:                          E. Fordham, excused

STAFF PRESENT:                           M. Franzak, D. Renkenberger

OTHERS PRESENT:                          F. Glancy, 1370 Ridge Ave.


A motion that the minutes of the regular meeting of October 10, 2017 be approved was made by
S. Warmington, supported by B. Larson and unanimously approved.


Hearing; Case 2017-07: Request for a variance from Section 2311 of the zoning ordinance to
allow a shed to be expanded in a front yard at 1370 Ridge Avenue, by Fred Glancy. M. Franzak
presented the staff report. The property owner would like expand the shed in the back of the
home; however, the property has two front yards and no back yard because it is located between
Ridge Ave and Glen Ave. This is the only home with frontage on Glen Ave that doesn’t face the
street. Sheds cannot be located in front yards per the zoning ordinance. The existing shed is
considered legally, non-conforming and cannot be expanded. The variance request is for the
expansion of the shed only. Neighbors within 300 feet of this property were notified; at the time
of this writing, staff had not received any comments. Staff considers there to be a valid hardship
on the property, as it is has frontage on two streets which makes it difficult to place a shed on the

M. Franzak stated that he had searched for a previous variance for this property to allow the
current shed but he did not locate one; therefore, ZBA approval was required for the proposed
addition. The shed would be located behind the house on the Glen Ave. frontage, which was the
home’s back yard. F. Glancy stated that he had spoken to all affected neighbors and none noted
any objections to his request, as long as the shed was not in the front yard on the Ridge Avenue
side. He confirmed that he planned to attach the new shed to the current shed on the property.

A motion to close the public hearing was made by S. Warmington, supported by B. Larson and
unanimously approved.

The following findings of fact were offered: 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
Zoning Board of Appeals Minutes – 11/14/177                                                        1
district, i.e. that the ordinance defines this property as having two front yards; b) that the
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
properties, d) that the alleged difficulty is caused by the ordinance and not 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, and f) that the requested variance is the minimum action required
to eliminate the difficulty.

A motion that the variance request to allow the expansion of the current shed fronting Glen
Avenue, at 1370 Ridge Avenue be approved, based on the review standards in Section 2502 of
the Zoning Ordinance and with the condition that any necessary permits are obtained, was made
by S. Warmington, supported by W. German and unanimously approved, with R. Hilt, S.
Warmington, B. Larson, W. German, and J. Witmer voting aye.





There being no further business, the meeting was adjourned at 4:15 p.m.


Zoning Board of Appeals Minutes – 11/14/177                                                   2

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