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CITY OF MUSKEGON
ZONING BOARD OF APPEALS
REGULAR MEETING
DATE OF MEETING: October 10, 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 August 8, 2006
III. PUBLIC HEARINGS
Hearing Case 2006-015: Request for a variance from Section 1703: Area and Bulk
Requirements and Table I: Heights, Areas and Yards, to reduce the setback from the
ordinary high water mark or wetland from 75 feet for principal structures to a proposed
43 feet in the OSR, Open Space Recreation District. This request is for the property
located at 3800 Bluff St. and 1260 Browne St., by Great Lakes Naval Museum.
IV. OLD BUSINESS
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 July 2006 meeting.
IV. Adjourn
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CITY COMMISSION AND ANY OF ITS COMMITTEES OR SUBCOMMITTEES
The City of Muskegon will provide necessary reasonable auxiliary aids and services, such as signers for the hearing
impaired and audio tapes of printed materials being considered at the meeting, to individuals with disabilities who want to
attend the meeting, upon twenty-four hour notice to the City of Muskegon. Individuals with disabilities requiring auxiliary
aids or services should contact the City of Muskegon by writing or calling the following:
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Muskegon, MI 49440
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\\Muskdata\Data\Planning\COMMON\Zoning\Zoning_Board_of_Appeals\ZBA2006\2006 Agendas\zba 10-10.doc
CITY OF MUSKEGON
ZONING BOARD OF APPEALS
STAFF REVIEW
October 10, 2006
Hearing, Case 2006-015: Request for a variance from Section 1703: Area and Bulk
Requirements and Table I: Heights, Areas, and Yards, to reduce the setback from the
ordinary high water mark or wetland from 75 feet for principle structures to a proposed 43
feet in the OSR, Open Space Recreation District.
BACKGROUND:
Applicant: Bob Morin, Great Lakes Naval Museum
Property Owner: City of Muskegon
Property Address(location): 3800 Bluff St. and 1260 Browne St.
Zoning: OSR, Open Space Recreation District
Current Land Use: Naval Museum
Request: A variance request to allow the reduced setbacks for the purpose of building a new
museum structure on the site.
STAFF OBSERVATIONS
1. Zoning of adjacent parcels are R-1 Single-Family Residential to the east, LR, Lakefront
Recreation with the Harbor Town P.U.D. to the south and OSR, Open Space Recreation to
the west.
2. A previous case had been before this body for a reduction in the waterfront setback to 30 feet
and was denied. The Zoning Administrator has determined that the current case before the
ZBA has sufficient changed conditions from the previous case to be heard.
3. The previous variance request that was deneid had proposed to allow the deck to be 30 feet
from the channel. The current request has shortened the deck and moved the building further
into the hill and results in a setback of 43 feet to the deck and 55 feet to the building. Because
the deck is more than two feet above grade it must meet the structures setbacks.
4. The museum is operating on the site under terms of a Special Use Permit granted in
September of 2005 and leases the property from the city. At the time of approval of the
Special Use Permit a zoning change was approved to rezone the property from R-1 Single
Family Residential to the current zoning.
5. The proposed project will be built spanning both of the properties listed above. The property
has a hill sloping down onto the Browne Street property and the proposed building would be
located into the foot of this hill.
6. The Zoning Administrator has determined the high watermark or wetland point for the
purpose of calculating setbacks, to be the lakeward point of the channel wall.
7. The site is not in a critical dune area.
8. The Zoning Ordinance does not regulate view, but in this case the placement of the building
is such that it will minimize its impact on neighboring views and properties. Building height
is regulated and checked as part of the site plan review process. The maximum building
height in this zone is 2 stories with a total of 35 feet in height.
9. A statement has been provided from Mr. Stephan W. Parker P.E., Consulting Engineer for
Hughes Builders Inc., Mr. Parker comments on the nature and conditions of the sand in the
area.
10. Staff has not received any comments on this case.
Application Page 2:
Notice Map:
Photos of Property:
Looking North from alley.
Looking South to HarborTown
Adjacent homes to the South.
Looking from proposed building site.
Looking Southerly from channel wall.
Looking Easterly from channel wall.
Ordinance Excerpts: (emphasis added)
SECTION 2307: PERMITTED YARD ENCROACHMENTS
Encroachments may be made upon required yards under the following conditions: [amended
10/02]
1. Architectural elements: Existing buildings or structures shall be permitted to encroach upon
the minimum setback requirements of this Ordinance with architectural elements that are
necessary to the integrity of the structure of the building, or health or safety of the occupants
such as cornices, gutters, chimneys, pilasters, outside stairways, fire escapes, and similar
features. Such features may project into a required setback area no more than five (5) feet.
2. Patios, porches and decks: Patios and uncovered decks no more than two feet above grade
may be built to the rear or side property line where an established fence line exists. If no
established fence line exists, patios and uncovered decks no more than two feet above
grade must be a minimum of three (3) feet from rear and side property lines. All decks
or porches more than two feet above grade, must comply with the setback requirements
of the principal structure. [amended 7/03]
3. Unenclosed structures, front yard: Unenclosed porches, steps or similar facilities may project
into a required front setback for a distance not to exceed five (5) feet. In the case of a
handicap wheelchair ramp, the Zoning Administrator may waive setback requirements at
his/her discretion, if no other options are available to provide a ramp, provided that the
applicant agrees to remove the ramp if it is no longer necessary on the property. A
performance letter or performance guarantee may be required. [amended 8/00]
4. Additions: Additions to homes on minor streets (not collectors), built in subdivisions ninety
percent (90%) developed with homes prior to 1940 may encroach upon existing yards so long
as:
a. A minimum 10 foot front setback is maintained
b. A minimum 15 foot rear setback is maintained
c. Lot coverage, with accessory structures does not exceed 50% [amended 8/00]
d. The addition does not further encroach upon existing side yards
a.
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 reduce the waterfront setback for the proposed principal structure
from seventy five (75) feet to forty three (43) 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. That the additions to the property must be complete within one year (Sec. 2504) or the
variance is void.
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
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.
Application Page 2:
Notice Map:
Site Plan:
Photos of property:
Comments:
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.
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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