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CITY OF MUSKEGON
ZONING BOARD OF APPEALS
REGULAR MEETING
DATE OF MEETING: Tuesday, September 13, 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 June 14, 2022.
III. Public Hearings
A. Hearing; Case 2022-04: Request for a variance from Section 404 of the zoning ordinance
to allow more than 10% of the property to be covered by pavement at 3406 Fulton 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, September 13, 2022
Hearing; Case 2022-04: Request for a variance from Section 404 of the zoning ordinance to
allow more than 10% of the property to be covered by pavement at 3406 Fulton St.
SUMMARY
1. The property is zoned R-1, Low Density Single Family Residential.
2. The lot measures 12,355 sqft. Ten percent of the property can be used for pavement. This
lot is allowed up to 1,235 sqft of pavement.
3. The current parking lot on site was made using gravel, which is no longer allowed. This
parking lot is considered legally non-conforming (grandfathered) because it was
constructed before the ordinance was adopted.
4. The applicant is requesting to pave the existing gravel driveway, but also to extend it to
make it larger. The existing gravel driveway measures approximately 1,225 sqft.
5. The proposed paved driveway measures 36’ x 57’ (2,052 sqft).
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.
3406 Fulton 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 404 of the zoning ordinance to allow
more than 10% of the property to be covered by pavement at 3406 Fulton St. be
(approved/denied) based on the review standards in Section 2502 of the Zoning Ordinance.