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CITY OF MUSKEGON
ZONING BOARD OF APPEALS
REGULAR MEETING
MINUTES
November 14, 2006
Chairman R. Hilt called the meeting to order at 4:19 p.m. and roll was taken.
MEMBERS PRESENT: R. Hilt, J. Clingman-Scott, C. Kufta, E. Fordham
MEMBERS ABSENT: S. Brock, excused; K. Davis, excused; L. Gomez-Payne
STAFF PRESENT: M. Cameron, L. Anguilm, D. Leafers
OTHERS PRESENT: M. Blais, 1401 Mandel, Westchester IL; MHS students
APPROVAL OF MINUTES
A motion that the minutes of the regular meeting of October 10, 2006 be approved was made by
J. Clingman-Scott, supported by C. Kufta and unanimously approved.
PUBLIC HEARINGS
Hearing, Case 2006-016: Request for a variance from Section 2319: Residential Design Criteria
(9), to allow a garage door with a width that exceeds 50% of the front face of the structure at
1861 Nevada facing Barclay Street, by Michael Blais. M. Cameron presented the staff report.
The home on this property faces both Nevada and Barclay streets. This type of lot is defined in
the ordinance as a Through Lot, resulting in a structure with two front faces. If this home did not
face both streets, this face would be considered the rear of the home. Zoning of this and the
adjacent parcels is R-1, Single-Family Residential. The streetscape along Barclay between
Laketon and Young has a number homes with detached two-stall garages facing Barclay Street.
The property owner has pulled permits for demolishing an old addition and attached single stall
garage to construct the new addition with attached garage. If a variance is not granted, the
garage would be a single stall. The garage and addition will have to meet the front setback
requirements. Staff has received one comment from Mary Ann Erickson, owner of 1865
Nevada. She has no problem with the request.
E. Fordham asked if both the front and rear of the building on a through lot had to comply with a
front yard setback. M. Cameron stated that was correct. J. Clingman-Scott asked if the proposed
garage would be 15 or 30 feet from the lot line. M. Cameron stated that the drawing appeared to
show 22 feet. M. Blais stated that this was a very narrow lot. Because of the way the house was
situated, there was no driveway access off Nevada St. The only vehicle access was from
Barclay. The existing garage was only about an inch from the lot line now, so the new
configuration would better comply with the setbacks. However, the ordinance would only allow
a 10-foot garage door, which would not be practical. The situation with the narrow through lot
was common to many of the homes on this block. E. Fordham asked if there were any other
drawings of the proposed garage. M. Blais stated that he was waiting for ZBA approval before
going any further on the project.
Zoning Board of Appeals Minutes –11/16/06 1
A motion to close the public hearing was made by C. Kufta, supported by J. Clingman-Scott and
unanimously approved.
J. Clingman-Scott stated that the oddity of the lot made it difficult to comply with the ordinance.
She didn’t think that a two-stall garage was an extraordinary request, and it was in conformity
with other structures in the area.
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 determined by the Zoning Board of Appeals be adopted and
that the variance request to allow a garage door to exceed fifty percent (50%) of the front
building face on Barclay Street be approved, subject to the condition that the additions to the
property must be complete within one year (Sec. 2504) or the variance is void, was made by J.
Clingman-Scott, supported by C. Kufta and unanimously approved.
OLD BUSINESS
There being no further business, the meeting was adjourned at 4:30 p.m.
dml
11/16/06
Zoning Board of Appeals Minutes –11/16/06 2
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