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CITY OF MUSKEGON
ZONING BOARD OF APPEALS
REGULAR MEETING
DATE OF MEETING: April 9, 2013
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 August 14, 2012.
III. PUBLIC HEARINGS
• Hearing; Case 2013-01: Request for a variance from Section 1103: AREA AND BULK
REQUIRMENTS, to allow a building expansion closer to the front lot line than the
required 10 foot minimum setback in a B-2, Convenience and Comparison Business
District at 1983 Lakeshore Dr, by The Marine Tap Room, Inc.
IV. New Business
• Zoning Ordinance Update
V. Old Business
VI. 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 a representative to dial 231-724-6705
CITY OF MUSKEGON
ZONING BOARD OF APPEALS
REGULAR MEETING
MINUTES
August 14, 2012
Chairman R. Hilt called the meeting to order at 4:00 p.m. and roll was taken.
MEMBERS PRESENT: E. Fordham, R. Hilt, T. Halterman, J. Clingman-Scott,
B. Larson
MEMBERS ABSENT: W. German Jr., S. Brock
STAFF PRESENT: M. Franzak, D. Renkenberger
OTHERS PRESENT: J. Lipps, 3508 Wilcox; M. Lipps, 3508 Wilcox; V. Staffney, 2088
Reneer
APPROVAL OF MINUTES
A motion that the minutes of the regular meeting of July 10, 2012 be approved was made by E.
Fordham, supported by J. Clingman-Scott and unanimously approved.
PUBLIC HEARINGS
Hearing; Case 2012-005: Request for a variance from Section 2311: Accessory Structures &
Buildings, to allow a carport to be placed in the front yard at 3508 Wilcox Ave, by Jack Lipps.
M. Franzak presented the staff report. The owner would like to place a carport on the property.
Carports must be placed behind the front property line, per City ordinance. However, that is not
possible in this situation because the house sits atop a large hill, sloping down toward the front
property line, without any way of having driveway access. The owner would like to place the
carport at the bottom of the hill, which is technically in the front yard. This area was once
considered Wilcox Avenue; however, a portion of the road was vacated. Staff is still researching
whether or not the owner is allowed to place anything on this vacated road. Notice was given to
property owners within 300 feet of this property. Barbara Fried, 3524 Wilcox Ave, is opposed to
the project and believes that is the City right of way. Robert and Judy Shatney, 1792 Beach St,
have no objections to the project. P. Mulder stated that he is in favor of the request. M. Franzak
provided board members with correspondence from the City’s attorney, J. Schrier. The City
Attorney stated that the City’s Resolution to vacate the street did not vacate the private easement
interests of the various subdivision lot owners. The only way to terminate the private easement
interests of the various subdivision lot owners is by a Circuit Court order. Mr. Schrier suggested
that Mr. Lipps contact his attorney to see how best to proceed.
Board members discussed the street vacation and ownership of the area in question where the
carport was proposed to go. J. Lipps stated that the City had vacated the street because they had
had to put steps up the dune on City property. He stated that he was awarded 25 extra feet of
land from the vacation. He stated that they had been taken to court by a neighbor in the past,
stating that they had built on City property but the lawsuit had been dismissed. E. Fordham
asked who plowed the area. J. Lipps stated that the City plowed it, and pushed the snow to the
side where there were no houses. M. Franzak stated that only a portion of the road had been
vacated, and he pointed that out on a picture in the staff report. V. Staffney stated that he owned
property at 3530, 3534, and 3536 Wilcox. He stated that back when the street was vacated, it
was done improperly and he wanted the issue sent back to the Planning Department to be
resolved. J. Lipps stated that previous legal issues regarding this property should be recognized
as a separate issue from this case. B. Larson asked if the proposed carport would interfere with
the snowplowing. J. Lipps stated that it would not.
A motion to close the public hearing was made by J. Clingman-Scott, supported by E. Fordham
and approved, with B. Larson voting nay.
J. Clingman-Scott stated that she was not opposed to the carport itself, but the ownership of the
land presented a problem. She wanted to see that resolved before approving the carport. B.
Larson asked what staff’s recommendation was. M. Franzak stated that he recommended going
with the City Attorney’s opinion, which stated that Mr. Lipps should consult with his attorney
regarding the property rights. R. Hilt stated that the ownership issue should have been resolved
before the ZBA request was made. He concurred that he was not opposed to the carport, but the
ownership dispute needed to be resolved first.
A motion to table the case was made by J. Clingman-Scott, supported by B. Larson and
unanimously approved.
M. Lipps questioned the ownership dispute. She stated that the street vacation granted that
portion of the land to them. J. Clingman-Scott suggested that they get a title search done to see
what that says about ownership. B. Larson asked if they had the deed to the property. J. Lipps
stated that they City retained the deed, but they have legal rights to the property, as that is where
the steps to their house are located.
OLD BUSINESS
None
OTHER
None
There being no further business, the meeting was adjourned at 4:35 p.m.
CITY OF MUSKEGON
ZONING BOARD OF APPEALS
STAFF REVIEW
April 9, 2013
Hearing; Case 2013-01: Request for a variance from Section 1103: AREA AND BULK
REQUIRMENTS, to allow a building expansion closer to the front lot line than the required 10
foot minimum setback in a B-2, Convenience and Comparison Business District at 1983
Lakeshore Dr, by The Marine Tap Room, Inc.
STAFF OBSERVATIONS
1. The applicant would like to place a permanent deck and awning structure in the front of the
building. This property was previously granted a permit for a temporary deck, which is
shown in the picture.
2. The property is zoned B-2, Convenience and Comparison Business District. The minimum
front yard setback in this district is 10 feet.
3. The building currently has a front setback of 7.5 feet, which makes the structure legally non-
conforming. The applicant would like to have a zero lot line and construct the structure all
the way up to the building line.
4. The structure will be a total of 40’ wide and will extend 22’ from the road on the east side of
the building.
5. If the variance is granted, it will now make this property a legally conforming structure, since
it will now meet all of the setback requirements (the front setback will now have the
variance).
Aerial Map
Ordinance Excerpt:
B-2 Convenience and Comparison Business
ARTICLE XI - B-2 CONVENIENCE AND COMPARISON BUSINESS DISTRICTS
SECTION 1103: AREA AND BULK REQUIREMENTS [amended 4/00]
1. Minimum lot size: 10,890 sq. feet.
2. Maximum lot coverage:
Buildings: 70 %
Pavement: 25 %
3. Lot width: 100 feet (shall be measured at road frontage unless a cul-de-sac, then
measured from setback).
4. Width to depth ratios: The depth of any lot(s) or parcel(s) shall not be more than three
(3) times longer its width.
5. Height Limit:
Maximum height: 2 stories or 35 feet
Minimum height: 2 stories or 35 feet.
Minimum heights are in the form of an "overlay district" on the following street
corridors:
Western Avenue; from Ninth Street to Pine Street.
Clay Avenue; from Seventh Street to Fourth Street.
Pine Street; from Western Avenue to Apple Avenue.
Height measurement: In the case of a principal building, the vertical distance measured
from the average finished grade to the highest point of the roof surface where the
building line abuts the front yard, except as follows: to the deck line of mansard roofs,
and the average height between eaves and the ridge of gable, hip, and gambrel roofs (see
Figure 2-2). If the ground is not entirely level, the grade shall be determined by
averaging the elevation of the ground for each face of the building (see Figure 2-4).
6. Front Setbacks: [amended 1/05]
Minimum:
Expressway or Arterial Street: 30 feet
Collector or Major Street: 20 feet
Minor Street: 10 feet
Maximum:
Expressway, Arterial Street or Major Street: 50 feet
Collector Street: 40 feet
Minor Street: 30 feet
7. Rear setback: 10 feet
8. Setback from the ordinary high water mark or wetland: 75 feet (principal structures
only).
9. Side setbacks:
1-story: 8 feet and 12 feet
2-story: 10 feet and 14 feet
Note, setback measurement: All required setbacks shall be measured from the right-of-
way line to the nearest point of the determined drip line of buildings. [amended 10/02]
10. Zero lot line option: New principal buildings may be erected on the rear lot line and/or
one side lot line provided: [amended 10/02]
a. The building has an approved fire rating for zero-lot line development under the
building code.
b. The building has adequate fire access preserved pursuant to fire code
requirements.
c. The zero lot line side is not adjacent to a street.
d. A maintenance access easement is granted by the adjacent property owner and
recorded with the County Register of Deeds and provided to the zoning
administrator with the site plan or plot plan.
e. It is not adjacent to wetlands, or waterfront.
11. All required side and rear setbacks shall be landscaped, greenbelt buffers, unless zero-lot-
line is employed for a structure or fire access. At least fifty percent of all required front
setbacks shall be landscaped and adjacent to the road right-of-way. An average minimum
greenbelt of 10 feet shall be maintained along each street frontage. [amended 12/01,
amended 10/02]
DETERMINATION:
The following motion is offered for consideration:
I move that the findings of fact determined by the Zoning Board of Appeals be adopted and that
the variance request to place a deck and awning structure in the front setback at 1983 Lakeshore
Dr be (approved/denied), based on the following review standards (found in Section 2502 of the
Zoning Ordinance) and subject to conditions:
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.
f. That the requested variance is the minimum action required to eliminate the difficulty.
CONDITIONS
1. That the additions to the property must be complete within one year (Sec. 2504) or the
variance is void.
2. The variance is recorded with the deed to keep record of it in the future.