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CITY OF MUSKEGON
ZONING BOARD OF APPEALS
REGULAR MEETING
DATE OF MEETING: Tuesday, October 11, 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 2022-05: Request for a variance from Section 2316 of the zoning
ordinance to allow a parking area in the front yard at 1038 Ada Ave by Ma Del Carmen
Ramirez.
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, October 11, 2022
Hearing; Case 2022-05: Request for a variance from Section 2316 of the zoning ordinance to
allow a parking area in the front yard at 1038 Ada Ave by Ma Del Carmen Ramirez.
SUMMARY
1. The property is zoned R-2, Medium Density Single Family Residential.
2. The lot measures 5,280 sqft and contains a house and a detached garage.
3. The applicant applied for a permit to pave the two-track that lead to the garage and to pour
a concrete patio in the back yard. The permit was approved.
4. In addition to the approved work that was completed, the applicant also paved an extra
parking space just to the west of the existing two-track. This addition was not approved and
cannot be because section 2416 of the zoning ordinance states “residential parking areas for
boats, trailers, motor vehicles, and recreation equipment shall not be located in any front
yard. This section shall not prohibit the direct access drive parkin of automobiles on paved,
established driveways.”
5. Please see the enclosed answers to the questions of page 2 of the Planning & Zoning
application. In order to be granted the variance, the applicant must demonstrate that there is
a hardship with the property. It appears that the applicant cannot identify the hardship that
exists on the property. When asked why their property is unique compared to others in the
neighborhood, they responded “an extra parking spot for the winter time.”
6. All properties within 300 feet of the applicant were notified, at time of this writing staff had
not received any comments from the public.
1038 Ada Ave
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 the request for a variance from Section 2316 of the zoning ordinance to allow a
parking area in the front yard at 1038 Ada Ave be (approved/denied) based on the review
standards in Section 2502 of the Zoning Ordinance.