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CITY OF MUSKEGON
ZONING BOARD OF APPEALS
REGULAR MEETING
DATE OF MEETING: August 14, 2007
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 July 10, 2007
III. PUBLIC HEARINGS
A. Hearing Case 2007-004: Request for a variance from Section 2316: Storage of
Vehicles, to allow creation of a driveway/parking area in the front yard, at 1055
Windsor, by Kimberly Mieler.
B. Hearing Case 2007-005: Request for a variance from Section 400 Area and Bulk
Requirements and Table I, to allow a conforming lot to be split into two (2) lots with
the two (2) resultant parcels being less than the required six-thousand (6000) square
feet each, at 1943 Dowd St., by James Weatherbee.
IV. OLD BUSINESS
IV. Adjourn
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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 Becker, City Clerk
933 Terrace Street
Muskegon, MI 49440
(231) 724-6705
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CITY OF MUSKEGON
ZONING BOARD OF APPEALS
STAFF REVIEW
August 14, 2007
Hearing Case 2007-004: Request for a variance from Section 2316: Storage of Vehicles, to
allow creation of a driveway/parking area in the required front yard, at 1055 Windsor.
BACKGROUND:
Applicant: Kimberly Mieler
Property Owner: Same
Property Address(location): 1055 Windsor.
Zoning: R-1, Single Family
Current Land Use: Single family dwelling
Request: Request to allow creation of a driveway/parking area on the property between the
home’s front building line and the street.
STAFF OBSERVATIONS
1. Zoning of parcels in the area are R-1, Single Family Residential.
2. The applicant applied for a curb breaking permit with the Engineering Department to enable
the home to have a driveway. After a review of the site plan it was determined that the drive
way would be in an area that is classified as a front yard.
3. Due to this area being developed under the zoning regulations of the Township of Muskegon
it does not comply with our ordinance requirements.
4. The previous property owner had a nonconforming driveway/parking area in the approximate
location that the current homeowner is requesting to build theirs. The previous homeowner
did not drive or own a car so when the roadway was rebuilt they declined to have a drive
approach installed and thus lost the protection granted a nonconforming use. Staff attempted
to convince the previous homeowner of the need for a driveway/parking area while the
nonconforming status was in place, but they were not persuaded to comply.
5. The home located on the current lot is quite small in size and is a nonconforming structure
due to setbacks. The home has very little rear yard and only four (4) feet for a side yard to
the east property line.
6. Today’s ordinance requirements for parking require two (2) parking places for vehicles and
they must be eight (8) by eighteen (18) feet in size. The location of these parking spaces may
not be located in a front yard.
7. The proposed driveway would meet the size requirements for a single car parking area and as
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drawn would be located in both front yards of the home. Since the property does not have a
sidewalk to use as a reference, staff has added the approximate property line location to the
applicant’s site plan.
8. The site plan submitted shows a concrete driveway/parking area eighteen feet (18) long as
measured from the street. Because the property line appears to be approximately eight (8)
feet from the curb that would only leave ten (10) feet of private property for the parking of a
vehicle. Should a sidewalk ever need to be installed there would not be enough room for a
larger vehicle to park in the parking area without hanging over the sidewalk. Blocking the
sidewalk would expose the occupant to another ticket situation. To correct this problem the
drive/parking area should extend at least eighteen (18) feet onto the private property as is
normally required.
9. Staff has not received any comments on this case.
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Application Page 2:
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Property Photos
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Site Plan:
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Notice Map:
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Ordinance Excerpt (emphasis added):
SECTION 2316: STORAGE OF VEHICLES
1. Location: Residential parking areas for boats, trailers, motor vehicles, and
recreation equipment shall not be located in any front yard. This section shall not
prohibit direct access drive parking of automobiles on paved, established driveways.
[amended 10/02]
2. Size limit, screening: Recreational equipment, trailers, motor vehicles, boats, and other
equipment or materials, stored for more than forty-eight (48) hours outside of a garage,
shall be placed behind the front building line of any main structure on the lot. No more
than one recreational or utility vehicle under twenty five (25') feet in length may be
stored outside a garage on a residential lot. Stored recreational vehicles must be screened
for side and rear property owners with a screen of at least five feet in height.
3. Special circumstances: If a motor vehicle is to be stored outdoors for a long period
because a family member is in the military service, is ill, or some other similar reason,
and the vehicle does not have an appearance detrimental to the area, the zoning
administrator may grant the right to store the vehicle for said period, without a license,
under the best conditions available, which conditions shall be stated in writing.
4. Size limits: No vehicle with a rated hauling capacity in excess of two (2) ton shall be
located on any property within any residential district; provided, however, that this
section shall not prevent the temporary location of such vehicle on such property while
engaged in a delivery, pick-up or service call to the property.
Definitions:
Yards: The open spaces on the same lot with a main building, unoccupied and unobscured from
the ground upward except as otherwise provided in this Ordinance, and as defined herein.
[amended 10/02]
Front Yard: An open unoccupied space extending the full width of the lot, the depth of
which is the horizontal distance between the front lot line and the nearest point of the
building. In the case of lots abutting lakes, rivers, and canals, the front yard shall be that
side of the lot or parcel on the street side.
Rear Yard: A space extending the full width of the lot the depth of which is the
horizontal distance between the rear lot line and the nearest point of the main building.
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Side Yard: An open space between a main building and the side lot line, extending from
the front yard to the rear yard, the width of which is the distance from the nearest point of
the main building.
Lot Lines: The lines bounding a lot or parcel (see Figure 2-7). [amended 10/02]
Lot Line, Front: The line(s) separating the lot from any street right-of-way,
private road or other access easement. Such line shall be continuous at least a
sufficient length to conform with the minimum lot width requirement of the
district.
Front Lot Line, Principal: For a corner lot, the front lot line adjacent to
the street which the front door of the home faces (or is proposed to face).
Front Lot Line, Secondary: For a corner lot, the front lot line which is not
considered to be the principal front lot line.
Lot Line, Rear: The lot line opposite and most distant from the front lot line. In
the case of a triangular or otherwise irregularly shaped lot or parcel, an imaginary
line at least ten (10) feet in length entirely within the lot or parcel, parallel to and
at a maximum distance from the front lot line. In the case of a corner lot, the lot
line opposite the principal front lot line.
Lot Line, Side: Any lot line other than a front or rear lot line.
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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 allow construction of a driveway/parking area, as located on the included
site plan, 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. There be at least eight (8) by eighteen feet (18) of parking area on private property.
3. The variance is recorded with the deed to keep record of it in the future.
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Hearing Case 2007-005: Request for a variance from Section 400 Area and Bulk Requirements
and Table I, to allow a conforming lot to be split into two (2) lots with the two (2) resultant
parcels being less than the required six-thousand (6000) square feet each.
BACKGROUND:
Applicant: James Weatherbee, 4736 W. Giles Rd.
Property Owner: Same
Property Address(location): 1943 Dowd St.
Zoning: R-1, Single Family
Current Land Use: Vacant lot
Request: Request to split the one current lot into two (2) lots of 4950 square feet each instead of
the required 6000 square feet that is required.
STAFF OBSERVATIONS
1. Zoning of all parcels in the area are R-1, One Family Residential.
2. The applicant applied for and received a variance for the same request in February of 2002
with the condition that the homes are compatible with adjacent homes and that they comply
with all other zoning requirements. Because of a misunderstanding the applicant did not
proceed with the lot split before the one year time limit in the ordinance.
3. The current lot is 117 x 82.5 for a total of 9652.5 square feet in area. This lot was originally
configured as three lots but due to ordinance requirements they were combined as one by the
Assessing Department when they were all owned by one person.
4. To build one large home on a single lot of this size would not be compatible with the
character of the adjacent area both in lot size and probably the home design.
5. It is not known why, due to the history of this subdivision, but this block is the only block
platted with lot sizes below 100 foot on one half of a block. Most blocks were split in the
middle. This area was developed under the regulations of the Township of Muskegon and it
does not comply with our ordinance requirements.
6. Staff has not received any comments on this case.
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Application Page 2:
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Property Photos
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Site Plan:
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Area Plat Map:
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Notice Map:
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Ordinance Excerpts (emphasis added):
SECTION 404: AREA AND BULK REQUIREMENTS [amended 4/00]
1. Minimum lot size: 6,000 sq. feet
2. Density (see definition in Article II): 7 dwelling units per buildable acre.
3. Maximum lot coverage:
Buildings: 50%
Pavement: 10%
4. Lot width: 50 feet (shall be measured at road frontage unless a cul-de-sac, then measured
from setback).
5. Width to depth ratios: The depth of any lot(s) or parcel(s) shall not be more than three
(3) times longer its width.
6. Height limit: 2 stories or 35 feet.
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 2-3).
7. Front Setbacks: [amended 1/05]
Minimum:
Expressway or Arterial Street: 30 feet
Collector or Major Street: 25 feet
Minor Street: 15 feet
Note: For minimum front setbacks new principal structures on minor streets may align
with existing principal structures in the immediate area even if the front setback is below
the minimum required.
8. Rear setback: 30 feet
9. Setback from the ordinary high water mark or wetland: 30 feet (principal structures
only).
10. Side setbacks:
1-story: 6 feet and 10 feet
2-story: 8 feet and 12 feet
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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]
11. 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
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Table I:
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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 allow a reduction in the minimum lot size so the property can be split
into two lots, as proposed in the submitted site plan, 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 lot split to the property must be complete within one year (Sec. 2504) or the
variance is void.
2. The structures to be built must conform to all other applicable zoning requirements.
3. The variance is recorded with the deed to keep record of it in the future.
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