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CITY OF MUSKEGON
ZONING BOARD OF APPEALS
REGULAR MEETING
DATE OF MEETING: November 14, 2006
TIME OF MEETING: 4:00 p.m.
PLACE OF MEETING: Commission Chambers, First Floor, Muskegon City Hall
AGENDA
I. Roll Call
II. Approval of Minutes of the Regular Meeting of October 10, 2006
III. PUBLIC HEARINGS
Hearing Case 2006-016: Request for a variance from Section 2319: Residential Design
Criteria (9), to allow a garage door with a width that exceeds 50% of the front face of the
structure facing Barclay St. This request is for the property located at 1861 Nevada St.,
by Michael Blais.
IV. OLD BUSINESS
None
IV. Adjourn
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O:\Planning\COMMON\Zoning\Zoning_Board_of_Appeals\ZBA2006\2006 Agendas\zba 11-14.doc
CITY OF MUSKEGON
ZONING BOARD OF APPEALS
STAFF REVIEW
November 14, 2006
Hearing, Case 2006-016: Request for a variance from Section 2319: Residential Design
Criteria (9), to allow a garage door with a width that exceeds 50% of the front face of the
structure facing Barclay St.
BACKGROUND:
Applicant: Michael Blais
Property Owner: Same
Property Address(location): 1861 Nevada St.
Zoning: R-1, Single Family Residential
Current Land Use: Single Family Dwelling
Request: A variance request to exceed 50% of front face of home with a garage door.
STAFF OBSERVATIONS
1. Zoning of adjacent parcels is R-1 Single-Family Residential.
2. The home on this property faces both Nevada and Barclay streets. This type of lot is defined
in the ordinance as a Through Lot. This definition results in a structure with two front faces.
3. Because the home faces two streets it has two front building faces. If this home did not face
both streets this face would be considered the rear of the home.
4. The streetscape along Barclay between Laketon and Young has a number homes with
detached two stall garages facing Barclay Street.
5. The property owner has pulled permits for demolishing an old addition and attached single
stall garage to construct the new addition with attached garage, if a variance is not granted
the garage would be single stall.
6. The garage and addition will have to meet the front setback requirements.
7. Staff has received one comment from Mary Ann Erickson, owner of 1865 Nevada. Ms.
Erickson has no problem with the request.
Application Page 2:
Notice Map:
Photos of Property:
Photos of area properties:
Site Plan Provided:
Ordinance Excerpts: (emphasis added)
ARTICLE II – DEFINITIONS [Amended 3/98]
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.
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.
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.
DETERMINATION:
The following motion is offered for consideration:
I move that the findings of fact determined by the Zoning Board of Appeals be adopted and
that the variance request to allow a garage door to exceed fifty percent (50%) of the front
building face on Barclay St., 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.
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