Zoning Board of Appeals Packet 06-13-2006

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CITY OF MUSKEGON
ZONING BOARD OF APPEALS
REGULAR MEETING

DATE OF MEETING: June 13, 2006
TIME OF MEETING: 4:00 p.m.
PLACE OF MEETING: Commission Chambers, First Floor, Muskegon City Hall

AGENDA

Roll Call

II. Approval of Minutes of the Regular Meeting of May 9, 2006

III. PUBLIC HEARINGS

A. Hearing Case 2006-006: Request for a variance from Section 2003: Area and Bulk
Requirements and Table I: Heights, Areas and Yards, to reduce the minimum required square
footage of a lot in the H, Heritage District from 4,000 square feet to 2461 square feet. This
request is for the parcel located at the northeast corner of Eighth Street and W. Clay Avenue,
parcel number 24-205-317-0009-10, by Mill Street Group LLC.
B. Hearing Case 2006-007: Request for a variance from Section 2311: Accessory Structures &
Buildings to allow the placement of an accessory structure (Shed) in the front yard area at
1878 Dowd St., by Michael Marek.
C. Hearing Case 2006-008: Request for a variance from Section 2311: Accessory Structures &
Buildings to place an accessory structure (gazebo) on a property prior to the principal
structure at 1426 Beach St., by Russell & Barbara Reckell of 1430 Beach St.
D. Hearing Case 2006-009: Request for a variance from Section 2331 Landscaping, Fencing,
Walls, Screens and Lighting to place a 4 foot tall privacy style fence in the front setback/yard
at 1426 Beach St., by Russell & Barbara Reckell of 1430 Beach St.
E. Hearing Case 2006-010: Request for a variance from Section 603: Area and Bulk
Requirements and Table I: Heights, Areas, and Yards, to reduce the 30 foot required rear
setback to a rear setback of 8 feet, to allow construction of 3 duplex structures in an RT,
Two-Family Residential Zone at 2495 Barclay St., by Exit Your Way LLC.
F. Hearing Case 2006-011: Request for a variance from Section 404: Area and Bulk
Requirements and Table I: Heights, Areas, and Yards to reduce the side setback
requirements for a two story structure from a minimum side setback of eight (8) feet with a
total of twenty (20) feet on both sides of the structure to the homes current setbacks of four
point nine (4.9) feet on the west side and three point eight (3.8) feet on the east side at 3351
Thompson St., by Tina Noll.

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IV. Adjourn

AMERICAN DISABILITY ACT POLICY FOR ACCESS TO OPEN MEETINGS 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:

Gail A. Kundinger, City Clerk
933 Terrace Street
Muskegon, MI 49440
(231) 724-6705

\\Muskdata\Data\Planning\COMMON\Zoning\Zoning_Board_of_Appeals\ZBA2006\2006 Agendas\zba 6-13.doc
CITY OF MUSKEGON
ZONING BOARD OF APPEALS
STAFF REVIEW

June 13, 2006

Hearing, Case 2006-006: Request for a variance from Section 2003: Area and Bulk
Requirements and Table I: Heights, Areas, and Yards to reduce the minimum required
square footage of a lot in the H, Heritage District from 4,000 square feet to 2,461 square
feet.
BACKGROUND:
Applicant: Terry Bailey

Property Owner: Mill Street Group LLC

Property Address(location): Northeast corner of Clay and Eighth Streets (24-205-317-0009-10)

Zoning: H, Heritage

Current Land Use: Vacant former office building.

Request: Variance request is for a reduction in the required minimum square footage of a lot in
the H, Heritage district to enable approval of lot split.

STAFF OBSERVATIONS

1. The subject property has one structure located on it that will be converted to a 2-unit
condominium.

2. Zoning of the adjacent properties in the area is H, Heritage to the north and east, I-1, Light
Industrial to the south and I-2, General Industrial to the west.

3. Muskegon County Equalization has assigned a parcel number to the proposed parcel of 24-
205-317-0009-10.

4. The proposed new parcel was actually deeded from the parent parcel without proper zoning
approvals in February 2005. The Muskegon County Equalization Department notified the
Zoning Administrator in August 2005 of the illegal land division. After notification was
received our Zoning Administrator, contacted Mr. Michael Jacobsen of Boilerworks LLC to
make him aware of the situation. The application for a lot split was received April 28th. 2006
and could not be approved due to the size of the proposed new parcel.

City of Muskegon Zoning Board of Appeals – 6/13/06 -1-
5. The Zoning Administrator is not allowed to approve the split of the parcel because of the
requirements of SECTION 2305: REDUCTION OF PARCELS BELOW MINIMUM
REQUIRED SIZE, WIDTH, OR DEPTH . The resultant parcel would not meet the
minimum area of 4,000 square feet for the zoning district.

6. According to the provided survey the structure on the new lot would have setbacks of
approximately 10 feet to the proposed easterly or rear lot line. The side setback to the
northerly lot line is not indicated on the survey but it appears to be approximately 3 feet.
There are no required side setback requirements in an H, Heritage district and the required
rear setback is 10 feet. The two front setbacks are pre-existing and are not affected by the
proposed split.

7. The proposed new parcel would continue to be subject to parking and refuse agreements
made between parcels A, B and C on the survey and also would remain part of the Planned
Unit Development.

8. A building permit has been issued for the alteration of the building into two condominiums.
This permit is valid until October 10, 2006 and remains valid regardless of the property split.

9. The property split is not a requirement of the PUD or city regulations and the parent property
before the proposed lot split meets the size standards of the ordinance.

10. Staff has not been made aware of the reasons for the split request and the applicant's page 2
answers do not give enough details regarding the reasons for the lot split.

11. Staff has not received any comments on this case.

City of Muskegon Zoning Board of Appeals – 6/13/06 -2-
Application Page 2:

City of Muskegon Zoning Board of Appeals – 6/13/06 -3-
Notice Map.

City of Muskegon Zoning Board of Appeals – 6/13/06 -4-
Quit Claim Deed:

City of Muskegon Zoning Board of Appeals – 6/13/06 -5-
Equalization Notice:

City of Muskegon Zoning Board of Appeals – 6/13/06 -6-
Photos of property.

City of Muskegon Zoning Board of Appeals – 6/13/06 -7-
ORDINANCE EXCERPTS: {Emphasis added}

SECTION 2305: REDUCTION OF PARCELS BELOW MINIMUM REQUIRED SIZE,
WIDTH, OR DEPTH

No parcel, whether or not platted as a lot, shall be split or reduced in size, width, or depth
by any conveyance, survey, leasing, occupancy, or other means which creates a parcel
substandard in size, width, or depth according to the requirements of this zoning
ordinance. The splitting of a lot or parcel to add to another shall not be allowed unless the
remaining portion is of legal size, width, and depth for the zone where the split parcel is located,
or it is simultaneously combined by conveyance with a contiguous parcel which will thereafter
be of legal size, width, and depth. Further, if contiguous nonconforming lots or parcels whether
or not of record, are under common ownership or control, they shall be combined to meet the
provisions of this Ordinance prior to permitting future site development or the issuance of a
building permit.

SECTION 2003: AREA AND BULK REQUIREMENTS [amended 4/00]

1. Minimum lot size: 4,000 sq. feet.

2. Maximum lot coverage:
Buildings: 100%
Pavement: 25%

3. Lot width: 30 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: 6 stories or 90 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.

City of Muskegon Zoning Board of Appeals – 6/13/06 -8-
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).

6. Front Setbacks: [amended 1/05]
Minimum:
Expressway or Arterial Street: 30 feet
Collector or Major Street: 20 feet
Minor Street: 10 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 setback is below the
minimum required.

7. Rear setback: 10 feet

8. Setback from the ordinary high water mark or wetland: 75 feet (principal structures
only).

9. Side setbacks: no requirement

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
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]

City of Muskegon Zoning Board of Appeals – 6/13/06 -9-
TABLE I: HEIGHTS, AREAS, AND YARDS [Amended 4/00]

PREAMBLE

The following district bulk, height, setback, coverage, mass, density and open space regulations
are hereby established for each district in the City of Muskegon to:

1. Promote consolidated, symbiotic relationships among structures and functions;
particularly in business districts whereby a use or uses benefit from the presence of other
use(s) in close proximity to it.

2. Minimize detrimental relationships among incompatible land uses.

3. Cluster development for the efficient provision of services.

4. Prevent congestion of development, people and vehicles.

5. Prevent the inappropriate crowding of land.

6. Promote shared facilities (such as drives and parking) to conserve land.

7. Provide open space for users of private and public facilities.

8. Promote development that provides for pedestrian activity and maintains pedestrian
safety.

9. Provide continuity in development.

10. Promote commercial development that maintains a critical mass of activity so that it stays
economically viable.

11. Prevent environmental degradation that effects public health.

12. Prevent the squanderous use of land and suburban sprawl.

13. Provide for safe and efficient circulation in sites and among sites; landscaping, buffering
and interrelated community design that helps foster symbiotic relationships.

City of Muskegon Zoning Board of Appeals – 6/13/06 -10-
TABLE I: HEIGHTS, AREAS, AND YARDS
RM-1 RM-2 RM-3 B-1 B-2 B-3 B-4 B-5 I-1 I-2 OSC** OSR** LR WM
R-1 RT
****** ****** ****** ****** ****** ****** ****** ****** ****** ****** ****** ****** ****** ****** *

6,000 8,712 10,890 14,520 21,780 4,000 10,890 4,000 10,890 10,890 21,780 43,560 21,780 21,780 21,780 21,780
nit
7 10 16 24 48 ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- 24

---- ---- 15% 15% 15% ---- ---- ---- ---- ---- ---- ---- ---- ---- 15% 15%
verage
50% 50% 60% 70% 70% 50% 70% 100% 70% 80% 85% 85% 20% 20% 60% 60%
10% 10% 20% 20% 20% 25% 25% 25% 25% 25% 25% 25% 15% 15% 15% 25%
50 ft. 75 ft. 100 ft. 125 ft. 150 ft. 40 ft. 100 ft. 30 ft. 100 ft. 40 ft. 100 ft. 150 ft. 100 ft. 100 ft. 150 ft. 150 ft.
g
---- ---- 50% 50% 50% ---- ---- ---- ---- ---- ---- ---- ---- ---- 50% 50%
o 1:3 1:3 1:3 1:3 1:3 1:3 1:3 1:3 1:3 1:3 1:3 1:3 1:3 1:3 1:3 1:3

2 2 2 2
stories stories stories stories s
---- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- ----
or 35 or 35 or 35 or 35
ft.*** ft.*** ft.*** ft.*** f
2 2 3 4 5 2 2 6 2 4 3 3 2 2 4
4 stories
stories stories stories stories stories stories stories stories stories stories stories stories stories stories stories s
(60 ft.)
(35 ft.) (35 ft.) (50 ft.) (60 ft.) (80 ft.) (35 ft.) (35 ft.) (90 ft.) (35 ft.) (60 ft.) (50 ft.) (50 ft.) (35 ft.) (35 ft.) (60 ft.) (
s*
30 ft. 30 ft. 30 ft. 30 ft. 30 ft. 30 ft. 30 ft. 30 ft. 30 ft. 30 ft. 30 ft. 30 ft. 30 ft. 30 ft. 30 ft. 30 ft.
erial
ctor 25 ft. 25 ft. 25 ft. 25 ft. 25 ft. 20 ft. 20 ft. 20 ft. 20 ft. 20 ft. 20 ft. 20 ft. 20 ft. 20 ft. 20 ft. 20 ft.
** 15 ft. 15 ft. 20 ft. 20 ft. 20 ft. 10 ft. 10 ft. 10 ft. 10 ft. 10 ft. 10 ft. 10 ft. 10 ft. 10 ft. 10 ft. 10 ft.
30 ft. 30 ft. 30 ft. 30 ft. 30 ft. 10 ft. 10 ft. 10 ft. 10 ft. 10 ft. 10 ft. 10 ft. 10 ft. 10 ft. 10 ft. 10 ft.
gh
30 ft. 40 ft. 50 ft. 50 ft. 75 ft. 75 ft. 75 ft. 75 ft. 75 ft. 75 ft. 75 ft. 75 ft. 75 ft. 75 ft. 75 ft. 75 ft.

otal) 6/16 ft. 8/20 ft. 8/20 ft. 8/20 ft. 8/20 ft. 8/20 ft. 8/20 ft. ---- 8/20 ft. 8/20 ft. 10/20 ft 10/20 ft 6/16 ft 6//16 ft 8/20 ft. 8/20 ft.
10/24 10/24
otal) 8/20 ft. 10/24 ft 10/24 ft 10/24 ft 10/24 ft 10/24 ft ---- 10/24 ft 15/25 ft 15/25 ft 8/12 ft 8/20 ft 10/14ft. 10/14ft.
ft ft
12/28
otal) ---- ---- 12/28 ft 12/28 ft 12/28 ft ---- ---- ---- ---- 20/30 ft 20/30 ft ---- ---- 12/28 ft 12/28 ft
ft
16/36
16/36 16/36 16/36 16/36
+4
es +4 +4 +4 +4
---- ---- ---- ---- ---- ---- ---- ft./stor ---- ---- ---- ----
ft./story ft./story ft./story ft./story
y over
over 4 over 4 over 4 over 4
4
ks
y
---- ---- ---- ---- ---- 50 ft. 50 ft. 50 ft. 50 ft. 50 ft. ---- ---- ---- ---- ---- ----
---- ---- ---- ---- ---- 40 ft. 40 ft. 40 ft. 40 ft. 40 ft. ---- ---- ---- ---- ---- ----
---- ---- ---- ---- ---- 30 ft. 30 ft. 30 ft. 30 ft. 30 ft. ---- ---- ---- ---- ---- ----
***************See table preamble and notes************** ---- = Not applicable

City of Muskegon Zoning Board of Appeals – 6/13/06 -11-
TABLE NOTES

1. One acre = 43,560 sq. ft. (for reference, this is not quite a 210’ x 210’ piece of property).
One-half acre = 21,780 sq. ft.
One-third acre = 14,520 sq. ft.
One-quarter acre = 10,890 sq. ft.
One-fifth of an acre = 8,712 sq. ft.

2. *See also zero lot line option and methods of determining setbacks in district regulations
for each district.

3. ** Public parks are exempt from minimum lot requirements.

4. *** Minimum heights are in the form of an "overlay district" on the following street
corridors only:

Western Avenue; from Ninth Street to Pine Street.
Clay Avenue; from Seventh Street to Fourth Street.
Pine Street; from Western Avenue to Apple Avenue.

5. **** Waterfront setbacks pertain to principal structures only.

6. ***** Minimum front setbacks for new principal structures in the R-1, RT, B-3, and H
zones, fronting on minor streets, may align with existing principal structures in the
immediate area, even if the front setback is below the minimum required.

7. 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]

8. 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).

9. ******All required setbacks shall be landscaped buffer zones except for the R-1 and R-T
zones.

City of Muskegon Zoning Board of Appeals – 6/13/06 -12-
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 the reduction of the required minimum lot size from 4,000
square feet to 2,461 square feet for parcel 24-205-317-0009-10, 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. The variance is recorded with the deed to keep record of it in the future.

City of Muskegon Zoning Board of Appeals – 6/13/06 -13-
Hearing, Case 2006-007: Request for a variance from Section 2311: Accessory Structures
& Buildings, to erect an accessory structure in a front yard at 1878 Dowd St.
BACKGROUND:
Applicant: Michael Marek

Property Owner: Same

Property Address(location): 1878 Dowd St.

Zoning: R-1, Single Family Residential

Current Land Use: Single Family Residence

Request: Variance request is for construction of a 12 x 8 foot accessory structure (shed) in the
front yard area of the property.

STAFF OBSERVATIONS

1) Zoning of the adjacent properties in the area is R-1, Single Family Residential.

2) The principal structure on the property is located to the rear of the property.

3) This request is the result of an enforcement action. The 12-foot by 8-foot shed was erected
without a permit and found completed on the site by staff.

4) The ordinance defines a front yard as:
"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."

5) The front lot line is defined as:
"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."
The front yard is thus defined as being any area between the building and the front lot line.
The term building as applied here is the principal structure currently on the property.

6) The Zoning Administrator has determined that the area that would be used for the accessory
structure, is in fact a front yard area as defined in the ordinance. Accessory structures are not
allowed in these areas.

7) According to the site plan submitted the shed would meet the required setbacks from the
property line and from the home.

City of Muskegon Zoning Board of Appeals – 6/13/06 -14-
8) Staff has not received any comments on this case.

City of Muskegon Zoning Board of Appeals – 6/13/06 -15-
Application Page 2:

City of Muskegon Zoning Board of Appeals – 6/13/06 -16-
Notice Map.

City of Muskegon Zoning Board of Appeals – 6/13/06 -17-
Site Plan

City of Muskegon Zoning Board of Appeals – 6/13/06 -18-
Photos of property.

City of Muskegon Zoning Board of Appeals – 6/13/06 -19-
ORDINANCE EXCERPTS: {Emphasis added}

Definitions:

Lot: Land described in a recorded plat or condominium unit in or condominium project,
occupied or to be occupied by a building, structure, land use or group of buildings having
sufficient size to comply with the frontage, area, width-to-depth ratio, setbacks, yards, coverage
and buildable area requirements of this Ordinance, and having its principal frontage upon a
public street or on a private road approved by the City (see Figure 2-6).

Lot Area, Gross: The area contained within the lot lines or property boundary including
street right-of-way, floodplains, wetlands, and waterbodies (see Figure 2-6).

Lot Area, Net: The total area of a horizontal plane within the lot lines of a lot, exclusive
of street right-of-way, floodplains, wetlands, waterbodies, any public street right-of-way
or access easement abutting any side of the lot (see Figure 2-6).

Lot, Corner: A lot which has at least two contiguous sides abutting upon a public street
for their full length (see Figure 2-9).

Lot, Depth of: The average distance from the front lot line (i.e., road frontage) of the lot
to its opposite rear lot line measured in the general direction of the side lines of the lot
(see Figure 2-5).

Lot, Flag: A lot whose access to the public street is by a narrow, private right-of-way
that is either a part of the lot or an easement across another property and does not meet
the frontage requirements of the district in which it is located (see Figure 2-7).

Lot Frontage: The unbroken length of the front lot line which is contiguous to a public
street or private road.

Lot, Interior: A lot other than a corner lot which, with the exception of a "through lot",
has only one lot line fronting on a street (see Figure 2-7).

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.

City of Muskegon Zoning Board of Appeals – 6/13/06 -20-
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.

Lot of Record: A parcel of land, the dimensions of which are shown on a document or map on
file with the County Register of Deeds or in common use by city officials, and which has not
been combined in use with another parcel or lot, which lawfully existed prior to the enactment of
this or a zoning ordinance previously in effect .

Lot, Through: An interior lot having frontage on two (2) more or less parallel streets (see Figure
2-4).

Lot Width: The horizontal distance between the side lot lines, measured at the two points where
the building line, or setback line, intersects the side lot lines.

Definition of yards:

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.

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.

SECTION 2311: ACCESSORY STRUCTURES & BUILDINGS [amended 4/04]

Accessory buildings shall require a development permit or when required by building codes, a
building permit, except as otherwise permitted in this Ordinance, and shall be subject to the
following regulations:

1. Attached: Where the accessory building is structurally attached to a main building, it
shall be subject to, and must conform with, all regulations of this Ordinance applicable to
the main building.

City of Muskegon Zoning Board of Appeals – 6/13/06 -21-
2. Front Yard, prohibition: Buildings or structures accessory to the principal, shall
not be permitted in any front yard. Parking lots are prohibited in any residential
front yard. Security stations within an “I” District may be erected in any yard.
[amended 10/02]

2. Height restrictions: Buildings accessory to residential buildings shall not be more than
one (1) story or fourteen (14) feet in height.

3. Detached: Detached accessory buildings shall:

a. Be at least six (6) feet from any principal building

b. Be at least three (3) feet from any side or rear lot line.

c. Not be located within a dedicated easement or right-of-way.

d. Any accessory structure placed in a residential property or zone in the city shall
be of residential construction properly painted or sided. Pole style storage
buildings and sheet metal accessory structures are prohibited in all residential
zones or developments. [amended 8/01]

1. Replacement: Existing accessory structures may be replaced on the existing footprint
provided they are wholly contained within the property and meet the required front yard
setback.

2. Satellite Dishes: Satellite dishes over twenty four inches (24”) in diameter shall be
considered accessory structures. The setback placement of satellite dishes shall be measured
from the outermost edge of the dish.

3. Number: No more than one (1) accessory building shall be located on any parcel within an
"R" or "RT" district, except that two (2) may be permitted when one is a garage or other
shelter for automobiles belonging to the residence.

4. Not Permitted Prior to a Principal Structure: Accessory buildings and structures shall not be
erected on a lot or parcel in a residentially zoned district prior to the establishment of a
principal structure. Where two or more abutting lots are held under one ownership or control
in a residentially zoned district, the owner may erect an accessory building on a lot separate
from that one which the principal building is located, provided both lots are combined and
used as one with a single tax description.

5. Solid Fuel Heating Appliances: Due to the nuisance smoke and concerns regarding the
public safety and welfare of residents living in relatively close proximity to one another,
outdoor solid fuel heating appliances are prohibited in all zoning districts in the City of
Muskegon. [amended 1/06]

City of Muskegon Zoning Board of Appeals – 6/13/06 -22-
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 an 8 x 12 foot accessory structure (shed)
in the front yard between the principal structure and Dowd Street at 1878 Dowd, be
(approved/denied), based on the following review standards (found in Section 2502 of the
Zoning Ordinance) and subject to conditions:
g. 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.

h. 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.

i. 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.

j. 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.

k. That the alleged difficulty is not founded solely upon the opportunity to make the property
more profitable or to reduce expense to the owner.

l. That the requested variance is the minimum action required to eliminate the difficulty.

CONDITIONS
2. The variance is recorded with the deed to keep record of it in the future.
3. That the additions to the property must be complete within one year (Sec. 2504) or the
variance is void.
4. The accessory structure is constructed on the property as indicated on the included site plan.
5. Property owner applies for a Development Permit within 30 days.

City of Muskegon Zoning Board of Appeals – 6/13/06 -23-
Hearing, Case 2006-008: Request for a variance from Section 2311: Accessory Structures
& Buildings, to erect an accessory structure (gazebo) on a vacant lot prior to the
establishment of a principal structure at 1426 Beach Street.

BACKGROUND:

Applicant: Russell & Barbara Reckell, 1430 Beach St.

Property Owner: CVT Trust Et. Al., Timothy Reckell

Property Address(location):1426 Beach.

Zoning: R-1, Single Family Residential.

Current Land Use: Vacant Lot.

Request: A variance request to allow an accessory structure (gazebo) to be built on a vacant lot
that does not have a principal structure on it.

STAFF OBSERVATIONS

1) The subject property is located on the corner of Beach Street and Rogers.

2) Zoning of the adjacent properties in the area is R-1, Single Family Residential with OSC,
Open Space Conservation across Beach street.

3) This case is a result of the denial of a Development Permit Application to place a gazebo on
the property, Section 2311: Accessory Structures & Buildings does not permit placement of
accessory structures on vacant lots prior to construction of a principal structure.

4) The vacant parcel known as 1426 Beach St. formerly had a house on it that was recently
demolished.

5) The applicant's own the property next door at 1430 Beach Street and their son currently owns
the parcel at 1426 Beach. The transferring of title and combining of the two lots was a
consideration but a variance would still have to be obtained because the combination would
have made the resultant parcel a corner lot and the old lot would have become a front yard
area. Accessory structures are not allowed in front yards.

6) The site plan that has been provided for this hearing does not include enough dimensions to
ascertain the exact location of the gazebo but the site plan provided for the permit process
indicates a setback of 25 feet from Rogers Street. Both site plans indicate the gazebo is
centrally located on the lot and should not cause any vision clearance issues.

7) Staff has received two comments on this case and they are included in your packet. Ms. Janet

City of Muskegon Zoning Board of Appeals – 6/13/06 -24-
M. Vorgias of 1438 Beach St. Ms. Vorgias states in her letter that she is in favor of the
request. Mr. Tom Schaefer of 3695 Watson e-mailed in to say he supports the variance
request.

City of Muskegon Zoning Board of Appeals – 6/13/06 -25-
Application Page 2:

City of Muskegon Zoning Board of Appeals – 6/13/06 -26-
Notice Map:

City of Muskegon Zoning Board of Appeals – 6/13/06 -27-
Site Plan:

City of Muskegon Zoning Board of Appeals – 6/13/06 -28-
Photos of property:

City of Muskegon Zoning Board of Appeals – 6/13/06 -29-
Comments:

City of Muskegon Zoning Board of Appeals – 6/13/06 -30-
City of Muskegon Zoning Board of Appeals – 6/13/06 -31-
ORDINANCE EXCERPTS: [Emphasis added]

Definitions

SECTION 2311: ACCESSORY STRUCTURES & BUILDINGS [amended 4/04]

1. Attached: Where the accessory building is structurally attached to a main building, it shall be
subject to, and must conform with, all regulations of this Ordinance applicable to the main
building.

2. Front Yard, prohibition: Buildings or structures accessory to the principal, shall not be
permitted in any front yard. Parking lots are prohibited in any residential front yard.
Security stations within an “I” District may be erected in any yard. [amended 10/02]

3. Height restrictions: Buildings accessory to residential buildings shall not be more than one
(1) story or fourteen (14) feet in height.

4. Detached: Detached accessory buildings shall:

a. Be at least six (6) feet from any principal building

b. Be at least three (3) feet from any side or rear lot line.

c. Not be located within a dedicated easement or right-of-way.

d. Any accessory structure placed in a residential property or zone in the city shall be of
residential construction properly painted or sided. Pole style storage buildings and
sheet metal accessory structures are prohibited in all residential zones or
developments. [amended 8/01]

5. Replacement: Existing accessory structures may be replaced on the existing footprint
provided they are wholly contained within the property and meet the required front yard
setback.

6. Satellite Dishes: Satellite dishes over twenty four inches (24”) in diameter shall be
considered accessory structures. The setback placement of satellite dishes shall be measured
from the outermost edge of the dish.

7. Number: No more than one (1) accessory building shall be located on any parcel within an
"R" or "RT" district, except that two (2) may be permitted when one is a garage or other
shelter for automobiles belonging to the residence.

City of Muskegon Zoning Board of Appeals – 6/13/06 -32-
8. Not Permitted Prior to a Principal Structure: Accessory buildings and structures shall
not be erected on a lot or parcel in a residentially zoned district prior to the
establishment of a principal structure. Where two or more abutting lots are held under
one ownership or control in a residentially zoned district, the owner may erect an
accessory building on a lot separate from that one which the principal building is
located, provided both lots are combined and used as one with a single tax description.

9. Solid Fuel Heating Appliances: Due to the nuisance smoke and concerns regarding the
public safety and welfare of residents living in relatively close proximity to one another,
outdoor solid fuel heating appliances are prohibited in all zoning districts in the City of
Muskegon. [amended 1/06]]

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 to allow an 8 x 14 foot accessory structure (gazebo) to be located on the
property without a principal structure at 1426 Beach Street., 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. The variance is recorded with the deed to keep record of it in the future.
2. That the additions to the property must be complete within one year (Sec. 2504) or the
variance is void.
3. The gazebo is built as shown in the drawings submitted with this request.

City of Muskegon Zoning Board of Appeals – 6/13/06 -33-
Hearing, Case 2006-008: Request for a variance from Section 2331: Landscaping, Fencing,
Walls, Screens and Lighting, to place a 4 foot tall privacy style fence in the front
setback/yard at 1426 Beach Street.

BACKGROUND:

Applicant: Russell & Barbara Reckell, 1430 Beach St.

Property Owner: CVT Trust Et. Al., Timothy Reckell

Property Address(location):1426 Beach.

Zoning: R-1, Single Family Residential.

Current Land Use: Vacant Lot.

Request: A variance request to allow construction of a 4-foot tall privacy style fence that would
be in the front setback/yard.

STAFF OBSERVATIONS

1. The subject property is located on the corner of Beach Street and Rogers.

2. Zoning of the adjacent properties in the area is R-1, Single Family Residential with OSC,
Open Space Conservation across Beach street.

3. This case is a result of the denial of a Development Permit Application to place a gazebo and
fence on the property as indicated on the application.

4. The vacant parcel known as 1426 Beach St. formerly had a house on it that was recently
demolished

5. The applicant's own the property next door at 1430 Beach Street and their son currently owns
the parcel at 1426 Beach. The transferring of title and combining of the two lots was a
consideration but it would still not allow a fence of this type in this area of the property
because it would then all be considered a front yard area.

6. The front yard areas of vacant lots has been determined by using the front setback dimension.

7. The site plan that has been provided for this hearing indicates that the fence would be setback
14 feet. The front setback for a home on this lot would be 15 feet from the property line. No
dimension is given for the setback from the Rogers property line. The fence has been
installed in front of the building line of the home and fences of this type and height are not
allowed in this area.

City of Muskegon Zoning Board of Appeals – 6/13/06 -34-
8. Fences of a see through design up to 4 feet tall are allowed in this area. Fences of a shadow
box design are not considered see through and may only be 3 feet tall in this area.

9. Staff has received two comments on this case and they are included in your packet. Ms. Janet
M. Vorgias of 1438 Beach St. Ms. Vorgias states in her letter that she is in favor of the
request. Mr. Tom Schaefer of 3695 Watson e-mailed in to he supports the variance request

City of Muskegon Zoning Board of Appeals – 6/13/06 -35-
Application Page 2:

City of Muskegon Zoning Board of Appeals – 6/13/06 -36-
Notice Map:

City of Muskegon Zoning Board of Appeals – 6/13/06 -37-
Photos of property:

City of Muskegon Zoning Board of Appeals – 6/13/06 -38-
Site Plan:

City of Muskegon Zoning Board of Appeals – 6/13/06 -39-
Comments:

City of Muskegon Zoning Board of Appeals – 6/13/06 -40-
City of Muskegon Zoning Board of Appeals – 6/13/06 -41-
ORDINANCE EXCERPTS: [Emphasis added]

12. Fencing, all Districts: The placement of a fence requires a development permit or site plan
approval. Fencing shall be properly maintained. Fencing materials used as screening shall
consist of the following:

a. Solid board fences of standard commercial construction. The finished side of the
wood shall face abutting properties.

b. Open mesh fencing with woven slats, provided that is of standard commercial
construction.

c. Masonry walls designed and constructed to facilitate maintenance and not modifying
natural drainage in such a way as to endanger adjacent property that is of standard
commercial construction.

13. Placement: A wall, fence or yard enclosure may be erected on the lot line.

14. Height limitations: [amended 10/02]

a. Side and rear yards: In residential districts a wall, fence or yard enclosure may be
up to six (6) feet in height behind any building line of a structure which abuts a
street (see Figure 2.9).

b. Front yards: In any residential front yard (in front of any building line of a
structure which abuts a street), the height of a fence shall not exceed three (3)
feet, unless an open fence is provided (e.g., chain link, picket) in which case it
may be a maximum height of four (4) feet when such fence does not reduce
visibility or interfere with clear vision at intersections, alleys and drives.

c. Commercial and industrial districts: A wall, fence or yard enclosure may be up to
eight (8) feet in height behind the front building line of a structure. In a front yard
(in front of any building line of a structure which abuts a street), the height shall
not exceed six (6) feet and shall not reduce visibility or interfere with clear vision
at intersections, alleys and drives.

City of Muskegon Zoning Board of Appeals – 6/13/06 -42-
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 a variance to allow a four foot privacy style fence located in the front setback/yard at
1426 Beach, be (approved/denied), based on the following review standards (found in
Section 2502 of the Zoning Ordinance) and subject to conditions:
g. 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.

h. 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.

i. 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.

j. 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.

k. That the alleged difficulty is not founded solely upon the opportunity to make the property
more profitable or to reduce expense to the owner.

l. That the requested variance is the minimum action required to eliminate the difficulty.

CONDITIONS
1. The variance is recorded with the deed to keep record of it in the future.
2. That the additions to the property must be complete within one year (Sec. 2504) or the
variance is void.

City of Muskegon Zoning Board of Appeals – 6/13/06 -43-
Hearing, Case 2006-010: Request for a variance from Section 603: Area and Bulk
Requirements and Table I: Heights, Areas, and Yards to reduce required thirty foot rear
setback to a rear setback of eight feet, to allow construction of three duplex structures at
2495 Barclay Street, by Carol Zaagman of Exit Your Way LLC.

BACKGROUND:
Applicant: Carol Zaagman of Exit Your Way LLC, 975 W. Broadway, Muskegon

Property Owner: Chris Collins, 2937 Getty St., Muskegon Heights.

Property Address(location): 2495 Barclay St.

Zoning: RT, Two-Family Residential

Current Land Use: Vacant wooded lot.

Request: For a 22 foot rear setback variance for the west lot line, having a proposed setback of 8
feet rather than the required 30 feet.

STAFF OBSERVATIONS

1. The subject property is facing Barclay St. and bordered by a deep ravine and creek to the
south, vacant land to the west and a single-family residence to the north.
2. The adjacent property to the south is zoned B-4, General Business, the properties to the west
and north are zoned R-1 Single Family. Across Barclay St. is a PUD Overlay development.
3. This variance request is being made due to the expiration of a variance granted in May of
2005 to Mr. Chris Collins. The new developers have indicated they would like to build the
development as approved previously.
4. The applicant is proposing to build three single story duplex apartment buildings on the site
using the same plans submitted by Mr. Collins. The site plan for this development received
approvals from the Zoning Administrator on March 29, 2006.
5. The applicant’s site plan indicates the eight-foot setback from the corner of the westerly
building to the lot line. This may appear to be a side setback dimension but by ordinance
definition it is considered a rear setback.
6. The property is an irregularly shaped lot with 383.89 feet of frontage along Barclay and
322.78 feet along the west lot line. The south lot line is 223.9 feet long running along the
creek and the north lot line adjacent to the residential structure is 220 feet in length.
7. During the previous variance hearing some concerns were expressed regarding the proposed
eight foot rear setback. After hearing the concerns Mr. Collins offered to build an 8 foot
berm with landscaping on it to minimize the impact of the development. This berm and
landscaping has been included on the approved site plan.
8. Staff has one comment regarding this case from Peter and Mary Oakes of 2379 Park Dr. The
Oakes are owners of property adjacent to the proposed development and are opposed to the
variance request.

City of Muskegon Zoning Board of Appeals – 6/13/06 -44-
ORDINANCE EXCERPTS: (emphasis added)

SECTION 603: AREA AND BULK REQUIREMENTS [amended 4/00]

1. Minimum lot size: 8,712 sq. feet.
2. Density (see definition in Article II): 10 dwelling units per buildable acre.

3. Maximum lot coverage:
Buildings: 50 %
Pavement: 10 %

4. Lot width: 75 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 setback is below the
minimum required.

8. Rear setback: 30 feet

9. Setback from the ordinary high water mark or wetland: 40 feet (principal structures
only).

10. 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]

City of Muskegon Zoning Board of Appeals – 6/13/06 -45-
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.

12. The dwelling shall have a storage area in a basement located under the dwelling, in an
attic area, in closet areas, or in a separate structure of standard construction similar to or
of better quality than the principal dwelling, which storage area shall be equal to at least
ten percent (10%) of the square footage of the dwelling or one hundred (100) square feet,
whichever shall be more, exclusive of storage space for automobiles.

City of Muskegon Zoning Board of Appeals – 6/13/06 -46-
TABLE I: HEIGHTS, AREAS, AND YARDS [Amended 4/00]

PREAMBLE

The following district bulk, height, setback, coverage, mass, density and open space regulations
are hereby established for each district in the City of Muskegon to:

14. Promote consolidated, symbiotic relationships among structures and functions;
particularly in business districts whereby a use or uses benefit from the presence of other
use(s) in close proximity to it.

15. Minimize detrimental relationships among incompatible land uses.

16. Cluster development for the efficient provision of services.

17. Prevent congestion of development, people and vehicles.

18. Prevent the inappropriate crowding of land.

19. Promote shared facilities (such as drives and parking) to conserve land.

20. Provide open space for users of private and public facilities.

21. Promote development that provides for pedestrian activity and maintains pedestrian
safety.

22. Provide continuity in development.

23. Promote commercial development that maintains a critical mass of activity so that it stays
economically viable.

24. Prevent environmental degradation that effects public health.

25. Prevent the squanderous use of land and suburban sprawl.

26. Provide for safe and efficient circulation in sites and among sites; landscaping, buffering
and interrelated community design that helps foster symbiotic relationships.

City of Muskegon Zoning Board of Appeals – 6/13/06 -47-
TABLE I: HEIGHTS, AREAS, AND YARDS
R-1 RT RM-1 RM-2 RM-3 B-1 B-2 B-3 B-4 B-5 I-1 I-2 OSC OSR LR WM

6,000 8,712 10,890 14,520 21,780 4,000 10,890 4,000 10,890 10,890 21,780 43,560 21,780 21,780 21,780 21,780 4
unit
7 10 16 24 48 ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- 24
)
on
---- ---- 15% 15% 15% ---- ---- ---- ---- ---- ---- ---- ---- ---- 15% 15%
ed
overage
50% 50% 60% 70% 70% 50% 70% 100% 70% 80% 85% 85% 20% 20% 60% 60% 1
10% 10% 20% 20% 20% 25% 25% 25% 25% 25% 25% 25% 15% 15% 15% 25%
50 ft. 75 ft. 100 ft. 125 ft. 150 ft. 40 ft. 100 ft. 30 ft. 100 ft. 40 ft. 100 ft. 150 ft. 100 ft. 100 ft. 150 ft. 150 ft. 3
ng
---- ---- 50% 50% 50% ---- ---- ---- ---- ---- ---- ---- ---- ---- 50% 50%
io 1:3 1:3 1:3 1:3 1:3 1:3 1:3 1:3 1:3 1:3 1:3 1:3 1:3 1:3 1:3 1:3

2 2 2 2
stories stories stories stories s
---- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- ----
or 35 or 35 or 35 or 35 o
ft. ft. ft. ft.
2 3 4 5 2 2 6 2 4 3 3 2 2 4 4
2 stories
stories stories stories stories stories stories stories stories stories stories stories stories stories stories stories s
(35 ft.)
(35 ft.) (50 ft.) (60 ft.) (80 ft.) (35 ft.) (35 ft.) (90 ft.) (35 ft.) (60 ft.) (50 ft.) (50 ft.) (35 ft.) (35 ft.) (60 ft.) (60 ft.) (9
ks*
30 ft. 30 ft. 30 ft. 30 ft. 30 ft. 30 ft. 30 ft. 30 ft. 30 ft. 30 ft. 30 ft. 30 ft. 30 ft. 30 ft. 30 ft. 30 ft. 3
rterial
ector 25 ft. 25 ft. 25 ft. 25 ft. 25 ft. 20 ft. 20 ft. 20 ft. 20 ft. 20 ft. 20 ft. 20 ft. 20 ft. 20 ft. 20 ft. 20 ft. 2
*** 15 ft. 15 ft. 20 ft. 20 ft. 20 ft. 10 ft. 10 ft. 10 ft. 10 ft. 10 ft. 10 ft. 10 ft. 10 ft. 10 ft. 10 ft. 10 ft. 1
30 ft. 30 ft. 30 ft. 30 ft. 30 ft. 10 ft. 10 ft. 10 ft. 10 ft. 10 ft. 10 ft. 10 ft. 10 ft. 10 ft. 10 ft. 10 ft. 1
high
30 ft. 40 ft. 50 ft. 50 ft. 75 ft. 75 ft. 75 ft. 75 ft. 75 ft. 75 ft. 75 ft. 75 ft. 75 ft. 75 ft. 75 ft. 75 ft. 7

8/20
/total) 6/16 ft. 8/20 ft. 8/20 ft. 8/20 ft. 8/20 ft. 8/20 ft. ---- 8/20 ft. 8/20 ft. 10/20 ft 10/20 ft 6/16 ft 6//16 ft 8/20 ft. 8/20 ft.
ft.
10/24
/total) 8/20 ft. 10/24 ft 10/24 ft 10/24 ft 10/24 ft 10/24 ft ---- 10/24 ft 10/24 ft 15/25 ft 15/25 ft 8/12 ft 8/20 ft 10/14ft. 10/14ft.
ft
/total) ---- ---- 12/28 ft 12/28 ft 12/28 ft ---- ---- ---- ---- 12/28 ft 20/30 ft 20/30 ft ---- ---- 12/28 ft 12/28 ft

16/36 16/36 16/36 16/36 16/36
ries +4 +4 +4 +4 +4
---- ---- ---- ---- ---- ---- ---- ---- ---- ---- ----
ft./story ft./story ft./story ft./story ft./story
over 4 over 4 over 4 over 4 over 4
cks
way
---- ---- ---- ---- ---- 50 ft. 50 ft. 50 ft. 50 ft. 50 ft. ---- ---- ---- ---- ---- ----
r
r ---- ---- ---- ---- ---- 40 ft. 40 ft. 40 ft. 40 ft. 40 ft. ---- ---- ---- ---- ---- ----
---- ---- ---- ---- ---- 30 ft. 30 ft. 30 ft. 30 ft. 30 ft. ---- ---- ---- ---- ---- ----
***************See table preamble and notes************** ---- = Not applicable

City of Muskegon Zoning Board of Appeals – 6/13/06 -48-
TABLE NOTES

10. One acre = 43,560 sq. ft. (for reference, this is not quite a 210’ x 210’ piece of property).
One-half acre = 21,780 sq. ft.
One-third acre = 14,520 sq. ft.
One-quarter acre = 10,890 sq. ft.
One-fifth of an acre = 8,712 sq. ft.

11. *See also zero lot line option and methods of determining setbacks in district regulations
for each district.

12. ** Public parks are exempt from minimum lot requirements.

13. *** Minimum heights are in the form of an "overlay district" on the following street
corridors only:

Western Avenue; from Ninth Street to Pine Street.
Clay Avenue; from Seventh Street to Fourth Street.
Pine Street; from Western Avenue to Apple Avenue.

14. **** Waterfront setbacks pertain to principal structures only.

15. ***** Minimum front setbacks for new principal structures in the R-1, RT, B-3, and H
zones, fronting on minor streets, may align with existing principal structures in the
immediate area, even if the front setback is below the minimum required.

16. 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]

17. 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).

18. ******Setbacks are subject to landscaping requirements.

City of Muskegon Zoning Board of Appeals – 6/13/06 -49-
ARTICLE II – DEFINITIONS [Amended 3/98](excerpts)

Lot Lines: The lines bounding a lot or parcel (see Figure 2-7). [amended 10/02]

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.

Setback: The minimum unoccupied distance between the lot line and the principal and
accessory buildings, as required herein. [amended 10/02]

Setback, Front: Minimum unoccupied distance, extending the full lot width, between the
principal building and any lot line abutting a public street or private road.

Setback, Rear: The minimum required unoccupied distance, extending the full lot width,
between the principal and/or accessory buildings and the lot line opposite the front lot
line, or in the case of a corner lot, the setback opposite the principal front lot line.

Setback, Side: The minimum required unoccupied distance, extending from the front
setback to the rear setback, between the principal and accessory buildings and the side lot
line. In the case of a corner lot, the setback opposite the secondary front lot line.

City of Muskegon Zoning Board of Appeals – 6/13/06 -50-
City of Muskegon Zoning Board of Appeals – 6/13/06 -51-
Applicant Narrative:

City of Muskegon Zoning Board of Appeals – 6/13/06 -52-
Comments:

City of Muskegon Zoning Board of Appeals – 6/13/06 -53-
Notice Map:

City of Muskegon Zoning Board of Appeals – 6/13/06 -54-
City of Muskegon Zoning Board of Appeals – 6/13/06 -55-
DETERMINATION:
The following motion is offered for consideration:

I move that the variance request to reduce the required rear setback from thirty feet to eight
feet, 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. The variance is recorded with the deed to keep record of it in the future.
2. That the additions to the property must be complete within one year (Sec. 2504) or the
variance is void.
3. The variance is granted for the plans currently approved and known as Minor Site Plan
Review case # 2004-012 Barclay Condos.

City of Muskegon Zoning Board of Appeals – 6/13/06 -56-
Hearing, Case 2006-011: Request for a variance from Section 404: Area and Bulk
Requirements and Table I: Heights, Areas, and Yards to reduce the side setback
requirements for a two story structure from a minimum side setback of eight feet with a
total of twenty feet on both sides of the structure to the homes current setbacks of four
point nine (4.9) feet on the west side and three point eight (3.8) feet on the east side.

BACKGROUND:
Applicant: Tina Noll of 3383 Wilcox.

Property Owner: Same.

Property Address(location): 3351 Thompson Ave.

Zoning: R-1, Single Family Residential

Current Land Use: Single Family home.

Request: For a reduction in the required side setbacks to allow construction of a second story
addition to the home.

STAFF OBSERVATIONS

1. The subject property has a single story home located on the irregular shaped lot abutting a
sand dune.
2. The rear portion of the lot is a steep hill with a retaining wall behind the home.
3. Zoning of adjacent properties is R-1, Single Family Residential.
4. Work on the second floor addition was begun under a building permit issued March 20, 2006
with a description indicating the work to be performed would be "level basement floors, add
floor joists + beams" "will be adding dormer later". Zoning staff found the second story
expansion in progress and requested to meet with the owner, this resulted in the owner
amending the building permit application to include the second floor work being performed.
After a review of the proposed work on the second story, staff denied the amended permit
application and the applicant proceeded with the variance request.
5. The current structure is nonconforming in regards to front and side setbacks for a one story
structure. The provided survey indicates a front setback of 13.2 feet and side setbacks of 4.9
feet to the west and 3.8 feet on the east side. The east setback is measured from the garage
since it is attached and thus considered part of the principal structure. It is not known if the
setbacks provided on the survey are from the drip edges or the structure walls. All setbacks
must be measured from the drip edges.
6. The current ordinance requirements for setbacks for a single story home on a minor street are
15 feet in the front and a total of 16 feet on the sides, the least of which may be 6 feet. A two
story home on a minor street must have a 15-foot front setback and a total of 20 feet on the
sides, the least of which may be 8 feet. As a result of the additional story this structure
would be moving further away from compliance with side setbacks.

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7. Directly east of the home and running the full length of the easterly lot line is a platted public
walkway that is 10 feet wide. Because this is not part of the property in question it can't be
used in the calculation of side setbacks.
8. Staff has received three comments regarding this case. Chris Jensen of 3361 Lakeshore Dr.
called and stated she is not opposed to the request, Gretchen and Larry Page e-mailed and
they do not have any problem with the request. Finally, Ms. Donna VanBrocklin of 3301
Thompson Ave. wrote in to say she has no problem with the request.

City of Muskegon Zoning Board of Appeals – 6/13/06 -58-
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.

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

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]

City of Muskegon Zoning Board of Appeals – 6/13/06 -59-
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: HEIGHTS, AREAS, AND YARDS [Amended 4/00]

PREAMBLE

The following district bulk, height, setback, coverage, mass, density and open space regulations
are hereby established for each district in the City of Muskegon to:

1. Promote consolidated, symbiotic relationships among structures and functions; particularly in
business districts whereby a use or uses benefit from the presence of other use(s) in close
proximity to it.

2. Minimize detrimental relationships among incompatible land uses.

3. Cluster development for the efficient provision of services.

4. Prevent congestion of development, people and vehicles.

5. Prevent the inappropriate crowding of land.

6. Promote shared facilities (such as drives and parking) to conserve land.

7. Provide open space for users of private and public facilities.

8. Promote development that provides for pedestrian activity and maintains pedestrian safety.

9. Provide continuity in development.

10. Promote commercial development that maintains a critical mass of activity so that it stays
economically viable.

11. Prevent environmental degradation that effects public health.

12. Prevent the squanderous use of land and suburban sprawl.

13. Provide for safe and efficient circulation in sites and among sites; landscaping, buffering and
interrelated community design that helps foster symbiotic relationships.

City of Muskegon Zoning Board of Appeals – 6/13/06 -61-
TABLE I: HEIGHTS, AREAS, AND YARDS
R-1 RT RM-1 RM-2 RM-3 B-1 B-2 B-3 B-4 B-5 I-1 I-2 OSC OSR LR WM

City of Muskegon Zoning Board of Appeals – 6/13/06 -62-
TABLE NOTES

2. *See also zero lot line option and methods of determining setbacks in district regulations
for each district.

3. ** Public parks are exempt from minimum lot requirements.

4. *** Minimum heights are in the form of an "overlay district" on the following street
corridors only:

Western Avenue; from Ninth Street to Pine Street.
Clay Avenue; from Seventh Street to Fourth Street.
Pine Street; from Western Avenue to Apple Avenue.

5. **** Waterfront setbacks pertain to principal structures only.

7. 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]

9. ******Setbacks are subject to landscaping requirements.

City of Muskegon Zoning Board of Appeals – 6/13/06 -63-
ARTICLE II – DEFINITIONS [Amended 3/98](excerpts)

Setback: The minimum unoccupied distance between the lot line and the principal
and accessory buildings, as required herein. [amended 10/02]

Setback, Front: Minimum unoccupied distance, extending the full lot width, between
the principal building and any lot line abutting a public street or private road.

Setback, Rear: The minimum required unoccupied distance, extending the full lot
width, between the principal and/or accessory buildings and the lot line opposite the
front lot line, or in the case of a corner lot, the setback opposite the principal front lot
line.

Setback, Side: The minimum required unoccupied distance, extending from the
front setback to the rear setback, between the principal and accessory buildings
and the side lot line. In the case of a corner lot, the setback opposite the
secondary front lot line.

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Application Page Two:

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Attachment "A":

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Comments:

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Survey:

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Notice Map:

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DETERMINATION:
The following motion is offered for consideration:

I move that the variance request to reduce the required side setbacks from a minimum of
eight feet on one side with 12 feet on the other side be reduced to the setbacks of the existing
home as indicated on the provided survey, be (approved/denied), based on the following
review standards (found in Section 2502 of the Zoning Ordinance) and subject to conditions:
g. 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.

h. 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.

i. 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.

j. 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.

k. That the alleged difficulty is not founded solely upon the opportunity to make the
property more profitable or to reduce expense to the owner.

l. That the requested variance is the minimum action required to eliminate the difficulty.

CONDITIONS
1. The variance is recorded with the deed to keep record of it in the future.
2. That the additions to the property must be complete within one year (Sec. 2504) or the
variance is void.

City of Muskegon Zoning Board of Appeals – 6/13/06 -71-

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