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CITY OF MUSKEGON
ZONING BOARD OF APPEALS
REGULAR MEETING
MINUTES
September 14, 2010
Chairman R. Hilt called the meeting to order at 4:00 p.m. and roll was taken.
MEMBERS PRESENT: E. Fordham, S. Brock, B. Larson, R. Hilt, J. Clingman-Scott
MEMBERS ABSENT: E. Fife, S. Wisneski
STAFF PRESENT: M. Cameron, D. Leafers
OTHERS PRESENT: K. Gokey, 1919 Terrace St.
APPROVAL OF MINUTES
A motion that the minutes of the regular meeting of June 8, 2010 be approved was made by B.
Larson, supported by E. Fordham and unanimously approved.
PUBLIC HEARINGS
Hearing Case 2010-005: Request for a variance from Section 2311: Accessory Structures &
Buildings, to allow an accessory structure (shed) to be erected in an area considered to be a front
yard, by Karen Gokey, 1919 Terrace Street. M. Cameron presented the staff report. Zoning of
this and adjacent parcels is R-1 Single Family Residential. This request is the result of staff
discovering a metal shed placed in the yard before a permit was applied for. Unfortunately, a
permit could not be approved in this situation. This parcel is irregularly shaped with two road
frontages and is located between Terrace Street and Howden Street just south of Holbrook
Avenue. Due to the parcel being located between two streets, it is considered a front yard under
the ordinance definitions. The homeowner had placed stakes in the ground to indicate where she
would like the shed to be placed, but the location has been slightly altered at the request of a
neighbor. The new location will actually be further back from Howden St. and closer to the
house. Measurements were taken by staff and the lot line locations were located to staffs best
ability. The proposed location does keep the shed behind the front building line of adjacent
homes facing Howden Street to minimize the aesthetic impact of the shed among the homes, and
the homeowner indicates on Page 2 of the application that landscaping will be used to further
screen the shed from the Howden Street view. The proposed shed will be 10 x 10 in size for a
total of 100 square feet in area. This is well under the maximum allotment for a shed on this
property. The metal shed in place now will be removed and a conventional wood shed will be
used. Metal sheds are not allowed in the city due to problems with sustainability and
appearance. There is no location along the side lot lines adjacent to the home for the shed to be
legally located. E. TenHove, 1930 Howden, called to say that she was in favor of the request.
Board members and staff discussed the location of the shed. They concurred that, because Mrs.
Gokey’s back yard was actually considered a “front yard” by the ordinance, it left nowhere for
her to place a shed, and a variance was warranted.
A motion to close the public hearing was made by B. Larson, supported by E. Fordham and
Zoning Board of Appeals Minutes – 9/14/10 1
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
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, and f) That the requested variance is the minimum action required
to eliminate the difficulty.
A motion that the findings of fact be adopted and the variance request to allow construction of a
100 square foot, non-metallic shed be approved, with the conditions that 1) the additions to the
property must be complete within one year (Sec. 2504) or the variance is void, 2) the shed is
located as indicated in this report, 3) staff is allowed to approve any minor size & location
adjustments needed, as long as the shed remains behind the front building line of the homes
facing Howden Street, and 4) the variance is recorded with the deed to keep record of it in the
future, was made by J. Clingman-Scott, supported by B. Larson and unanimously approved.
OLD BUSINESS
None
OTHER
None
There being no further business, the meeting was adjourned at 4:15 p.m.
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