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CITY OF MUSKEGON
ZONING BOARD OF APPEALS
REGULAR MEETING
DATE OF MEETING: July 11, 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 June 13, 2006
III. PUBLIC HEARINGS
A. Hearing Case 2006-012: Request for a variance from Section 2326: Off-Street Parking
and Loading, to exceed the minimum parking spaces by more than one-third (33%) for an
end total of 10 spaces over the maximum allowance for the combined uses at 888 Terrace
St.. This request is for 908 Terrace St., by Nancy McCarthy of Hackley Visiting Nurse
Services & Hospice.
IV. OLD BUSINESS
A. 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. Tabled at the June
2006 meeting.
B. 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. Tabled at
the June 2006 meeting.
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
O:\Planning\COMMON\Zoning\Zoning_Board_of_Appeals\ZBA2006\2006 Agendas\zba 7-11.doc
CITY OF MUSKEGON
ZONING BOARD OF APPEALS
STAFF REVIEW
July 11, 2006
Hearing, Case 2006-012: Request for a variance from Section 2326: Off-Street Parking and
Loading, to exceed the minimum parking spaces by more than one-third (33%) for an end
total of 10 spaces over the maximum allowance for the combined uses at 888 Terrace St..
BACKGROUND:
Applicant: Nancy McCarthy, Hackley Visiting Nurse Services & Hospice
Property Owner: Hackley Visiting Nurse Services Inc.
Property Address(location): 908 Terrace St.
Zoning: B-5, Governmental Services
Current Land Use: Vacant lot.
Request: A variance to the Zoning Ordinance maximum calculated parking to accommodate
parking needs of VNS employees, Hospice employees, tenant employees and visitors.
STAFF OBSERVATIONS
1. Zoning of adjacent parcels are B-3, Central Business except directly south which is B-5,
Governmental Services.
2. The property formerly held the Beerman Music Store building which was recently
demolished to make way for the proposed expansion of parking.
3. The proposed project will include increased greenspace and other landscaping accents as
shown on the included Landscape Plan. Final site plan approvals have not yet been given
due in part to the excess parking spaces shown on the plan.
4. The Zoning Administrator has determined that the maximum allowed number of parking
spaces for the uses at 888 Terrace Street would be 60 spaces. The request is to allow a total
of 70 spaces.
5. There are no on-street parking spaces available in this area.
6. The Zoning Administrator has requested the Assessors office to combine the two properties
into one lot. This will be done in the beginning of the next tax year.
7. Staff has not received any comments on this case.
City of Muskegon Zoning Board of Appeals – 7/11/06 -1-
Application Page 2:
City of Muskegon Zoning Board of Appeals – 7/11/06 -2-
Page 2 Responses:
City of Muskegon Zoning Board of Appeals – 7/11/06 -3-
Notice Map:
City of Muskegon Zoning Board of Appeals – 7/11/06 -4-
Photos of Property:
City of Muskegon Zoning Board of Appeals – 7/11/06 -5-
Existing Parking Area:
City of Muskegon Zoning Board of Appeals – 7/11/06 -6-
Ordinance Excerpts: (emphasis added)
SECTION 2326: OFF-STREET PARKING AND LOADING [amended 2/02]
1. Intent: It is the intent of this section that off-street parking spaces shall be provided
and adequately maintained by each property owner in every district for the parking of
motor vehicles for the use of occupants, employees and patrons of each building and
premise constructed, altered, or enlarged under the provisions of this Ordinance.
2. Scope: At the time any building or structure is erected, enlarged or increased in
capacity, or a new land use is established, off-street parking spaces for new or additional
development shall be provided according to the requirements of this section and Table
IB.
3. Parking and Loading Plan Review: Whenever three (3) or more vehicle parking
spaces are required for a given use of land, plans, specifications for the construction or
alteration of an off-street parking area shall be submitted for approval by the Zoning
Administrator before a development permit is issued. Such plans and specifications shall
indicate the location, precise use of buildings, size, design, surfacing, marking, lighting,
drainage, curbing and curb cuts, entrances, exits, landscaping, and other detailed features
as required by the provisions and standards of this zoning ordinance and other applicable
laws and rules.
4. Parking Areas Existing Before the Effective Date of This Ordinance: No parking
area or parking space or loading area which exists at the time this Ordinance becomes
effective shall be relinquished or reduced in any manner below the requirements
established by this Ordinance.
5. Uses of Parking Areas: Parking spaces and loading areas shall be used exclusively
for the parking of vehicles associated with a building, structure or land use in a manner
consistent with the purpose for which it is designed. No commercial activity or selling of
any kind shall be conducted within required parking areas. Permitted temporary uses
may operate in overflow parking areas or setback areas provided no clear vision or other
safety hazard is present. Vehicles shall not be repaired, stored, or displayed for sale or
hire in parking lots unless the principal use is classified for such uses.
6. Design and Access Standards: Multi-family, commercial and industrial land use
areas shall meet the screening, landscaping, and lighting standards of this ordinance.
7. Maintenance Standards: Parking and loading areas in all districts shall be paved,
marked and defined by curbing or curb stops.
8. Maximum Parking: The maximum amount of parking permitted for any use or
group of uses shall not exceed the minimum parking requirements by more than
one-third (33%)
City of Muskegon Zoning Board of Appeals – 7/11/06 -7-
9. Loading Space Required: In order to prevent undue interference with public use of
streets, parking lots and alleys, uses such as manufacturing, storage, warehouse,
department store, wholesale store, retail store, hotel, hospital, laundry, dairy, mortuary,
and other uses similarly and customarily receiving or distributing goods by motor vehicle
shall provide space on the premises for that number of vehicles that will be at the
premises at the same time on an average day of full use. Loading spaces shall:
a. Be provided as area additional to off-street parking space and shall not be
considered as supplying off-street parking space.
b. Not interfere with fire access.
c. Provide adequate space for standing, loading, and unloading services and be not
less than twelve (12) feet in width, twenty-five (25) feet in length, and fourteen
(14) feet in height, open or enclosed, for similar uses similarly involving the
receipt or distribution by vehicles of materials or merchandise.
d. Have access provided as directly as possible from a public street or alley and be
arranged so as to provide sufficient off-street maneuvering space.
10. Joint Use of Parking Areas: The joint use of parking facilities by two or more uses
may be allowed whenever such use is practical and satisfactory to each of the uses
intended to be served, and when all requirements for location, design, and construction
are met.
a. Computing Capacities: In computing capacities of any joint use, the total space
requirement is the sum of the individual requirements that will occur at the same
time each day. If space requirements for individual uses occur at distinctly
different times, the total of such off-street parking facilities required for joint or
collective use may be reduced by the Planning Commission below the same total
of the individual space requirements.
b. Record of Agreement: A copy of an agreement between joint users shall be
provided to the City. The agreement shall include provisions which assure
continued long-term use and maintenance of the parking facility by each party,
and their successors in interest, including owners and occupants of the premises
which are served by the parking facility.
11. Dimensional Requirements: Each parking space shall be a minimum of eight (8) feet
wide by eighteen (18) feet long. Maneuvering isles shall be a minimum of twelve (12)
feet wide for one-way traffic and twenty-two (22) feet for two-way traffic. Excessively
wide isles shall not be permitted.
City of Muskegon Zoning Board of Appeals – 7/11/06 -8-
12. Downtown Parking Overlay District: A downtown parking overlay district is hereby
created as outlined in Figure 23-2. Within said overlay area is permitted the following:
[amended 2/03]
a. In the downtown parking overlay district only, all land uses, except residential,
may use on-street parking for up to thirty percent (30%) of their required parking
area.
b. In the downtown parking overlay district, shared parking agreements are
encouraged. Parking areas for other than single or two-family residential uses
may be located up to 1,000 feet from the building they are intended to serve and
may be provided in any zoning district except the R-1 district.
City of Muskegon Zoning Board of Appeals – 7/11/06 -9-
13. In all areas except for the downtown parking overlay district, off-street parking for
nonresidential uses shall be either on the same property or on a property zoned to permit
parking areas. The parking area shall be within three hundred (300) feet of the building it
is intended to serve, measured from the nearest point of the building to the nearest point
of the off-street parking lot. [amended 2/03]
Figure 23-2: Downtown Parking Overlay District
City of Muskegon Zoning Board of Appeals – 7/11/06 -10-
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 exceed the maximum allowable parking spaces at 908 Terrace St. by
10 spaces, for a combined total of 70 parking spaces, 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 parking lot expansion is built as shown on the final approved site plan.
City of Muskegon Zoning Board of Appeals – 7/11/06 -11-
Tabled 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.
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
City of Muskegon Zoning Board of Appeals – 7/11/06 -12-
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 – 7/11/06 -13-
Application Page 2:
City of Muskegon Zoning Board of Appeals – 7/11/06 -14-
Notice Map.
City of Muskegon Zoning Board of Appeals – 7/11/06 -15-
Quit Claim Deed:
City of Muskegon Zoning Board of Appeals – 7/11/06 -16-
Equalization Notice:
City of Muskegon Zoning Board of Appeals – 7/11/06 -17-
Photos of property.
City of Muskegon Zoning Board of Appeals – 7/11/06 -18-
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.
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,
City of Muskegon Zoning Board of Appeals – 7/11/06 -19-
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 – 7/11/06 -20-
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 – 7/11/06 -21-
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 – 7/11/06 -22-
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 – 7/11/06 -23-
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:
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.
City of Muskegon Zoning Board of Appeals – 7/11/06 -24-
Tabled 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
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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.
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Application Page 2:
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Notice Map:
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Site Plan:
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Photos of property:
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Comments:
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ORDINANCE EXCERPTS: [Emphasis added]
Definitions
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.
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.
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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.
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