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CITY OF MUSKEGON
ZONING BOARD OF APPEALS
REGULAR MEETING
DATE OF MEETING: Tuesday, June 14, 2022
TIME OF MEETING: 4:00 p.m.
PLACE OF MEETING: Commission Chambers, First Floor, Muskegon City Hall
AGENDA
I. Roll Call
II. Approval of Minutes of the Regular Meeting of January 11, 2022.
III. Public Hearings
A. Hearing; Case 2022-03: Request for a variance from Section 2319 of the zoning
ordinance to allow 21 apartment units under the size requirement of 650 sf each at 1428
Terrace St
IV. New Business
V. Old Business
VI. Other
VII. Adjourn
AMERICAN DISABILITY ACT POLICY FOR ACCESS TO OPEN MEETING OF THE
CITY COMMISSION AND ANY OF ITS COMMITTEES OR SUBCOMMITTEES
The City of Muskegon will provide necessary reasonable auxiliary aids and services, such as signers for the hearing
impaired and audio tapes of printed materials being considered at the meeting, to individuals with disabilities who want to
attend the meeting, upon twenty-four hour notice to the City of Muskegon. Individuals with disabilities requiring auxiliary
aids or services should contact the City of Muskegon by writing or calling the following:
Ann Marie Cummings, City Clerk
933 Terrace Street
Muskegon, MI 49440
(231) 724-6705
TTY/TDD: Dial 7-1-1 and request that a representative dial 231-724-6705
CITY OF MUSKEGON
ZONING BOARD OF APPEALS
STAFF REPORT
Tuesday, June 14, 2022
Hearing; Case 2022-03: Request for a variance from Section 2319 of the zoning ordinance to
allow 21 apartment units under the size requirement of 650 sf each at 1428 Terrace St.
SUMMARY
1. The property is zoned B-2, Convenience & Comparison Business.
2. The lot measures 22,500 sqft and the building measures 7,884 sqft.
3. Residential units are allowed in this zoning district but they must meet the standards of the
RM-2 districts.
4. RM-2 districts require buildings to be setback at least 30 feet from the rear property line.
The building on this site only has a rear setback of about five feet. Also, multi-family
buildings are required to have at least 650 sqft of living space per unit. The applicant is
requesting to allow 21 apartments ranging in size from 81-300 sf.
5. The Inspections Department enforced on the property owner earlier this year for operating
the rental units without permits or zoning approval. Please see the enclosed letter from the
applicant.
6. Please see the enclosed responses to page two of the application.
7. Notice was sent to properties within 300 feet of the property. At the time of this writing,
staff had not received any comments from the public.
1428 Terrace St
Zoning Map
Aerial Map
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?
DETERMINATION:
The following motion is offered for consideration:
I move that that the request for a variance from Section 2319 of the zoning ordinance to allow 21
apartment units under the size requirement of 650 sf each at 1428 Terrace St be
(approved/denied) based on the review standards in Section 2502 of the Zoning Ordinance.