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CITY OF MUSKEGON
ZONING BOARD OF APPEALS
REGULAR MEETING
DATE OF MEETING: August 9, 2011
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 December 14, 2010
III. Election of Officers (Chair, Vice Chair)
IV. PUBLIC HEARINGS
A. Hearing; Case 2011-001: Request for a variance from Section 2334: Signs, to allow a
sign to be erected, exceeding the allowed number of signs, at 1201 Jefferson St, by the
First Congregational Church.
B. Hearing; Case 2011-002: Request for a variance from Section 2334: Signs, to allow a
sign to be erected, exceeding the allowed size limit, at 1201 Jefferson St, by the First
Congregational Church.
C. Hearing; Case 2011-003: Request for a variance from Section 2311: Accessory
Structures, to allow a gazebo to be placed in the front yard at 1077 Jefferson St, by
Jefferson Towers.
V. OLD BUSINESS
VI. Adjourn
AMERICAN DISABILITY ACT POLICY FOR ACCESS TO OPEN MEETING 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:
Ann Marie Cummings, City Clerk
933 Terrace Street
Muskegon, MI 49440
(231) 724-6705
TTY/TDD: Dial 7-1-1 and request a representative to dial 231-724-6705
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ZBA Staff Report.doc
CITY OF MUSKEGON
ZONING BOARD OF APPEALS
STAFF REVIEW
August 9, 2011
Hearing Case 2011-001: Request for a variance from Section 2334: Signs, to allow a sign to be
erected, exceeding the allowed number of signs at 1201 Jefferson St.
BACKGROUND:
Applicant: Tim VanDerHoar
Property Owner: First Congregational Church
Property Address(location): 1201 Jefferson St
Zoning: R-1, Single Family Residential
Current Land Use: Church
Request: A variance request to allow an additional monument sign to be placed on a parcel in a
Single Family Residential Zoning District.
STAFF OBSERVATIONS
1. Zoning of adjacent parcels to the west are B-2, Convenience and Comparison Business with
R-1 Singe Family Residential to the north, east and south.
2. The zoning ordinance only allows for one monument sign per property in residential zoning
districts.
3. There are currently two signs on this property, however, they were erected in the 1950’s and
have been maintained ever since. At that time, there were no limits on the number of
monument signs in residential zoning districts. The additional sign is now considered legally
non-conforming. To continue its grandfathered status, the signs may not be replaced, but
may be repaired. The owner believes that the signs are too old and are beyond repair.
4. A variance must be granted to allow the additional sign. Also, both signs are larger than the
32 sqft size limit, so they would also need a variance on the size of the signs. See Case 2011-
002
5. The property has 500 feet of frontage on Jefferson St, 307 feet of frontage on Third St, 156
feet of frontage on First St and 137 feet of frontage on Monroe Ave.
6. The new signs would be placed in the same place as the current signs.
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Application Page 2:
City of Muskegon Planning & Zoning Application
Page 2a - Non-Use Variances
Please provide an answer to the following questions:
1. Why are there “exceptional or extraordinary circumstances 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”? (i.e., why is your property unique
compared to others in the neighborhood?) This is a church property in a residential
district. The property has a large landscaped frontage along third and Jefferson
streets, unlike any surrounding residential uses.
2. Why is a variance “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.e.,
What property rights do your neighbors enjoy that you can’t because of the nature of your
property?) The church is a non-residential property in a residential zone. The
surrounding residential properties have no need for signage.
3. How will the authorizing of a variance “not be of substantial detriment to adjacent
property and not materially impair the purposes of the City’s zoning ordinance or the
public interest”? (i.e., Will granting a variance to you negatively affect your neighbors or
the public in general?) New signage will not be a detriment to adjacent properties.
In keeping with the purpose and intent of the city’s signage ordinance, the new signs
will be more visible and readily seen from many vehicles to prevent confusion
causing abrupt unsafe vehicular maneuvers. Section 2334.1c
4. Explain why the alleged difficulty is “caused by the Ordinance and has not been created
by any person having an interest in the property or by any previous owner”: (i.e.,
Who/what is the cause of the difficulty?) The difficulty is created by the unique shape
of the church property. With over 500 feet of frontage on both Third and Jefferson
streets, one sign is not adequate signage; two signs are required to properly identify
the church on both sides.
5. The alleged difficulty is “not founded solely upon the opportunity to make the property
more profitable or to reduce expense to the owner “because: (i.e., Do you have reasons,
other than financial gain, for asking for the variance?) Going along with the intent and
purpose of the sign ordinance, two signs will give proper recognition to the
legitimate needs of the church in attaining our identification and informational
objectives.
6. Is the requested variance “the minimum action required to eliminate the difficulty”? (i.e.,
Could you get by with less of a variance from the ordinance requirement(s)?) The
requested variance is the minimum action required to eliminate the difficulty based
on the unique shape of the church property. Again an additional sign is necessary
based on the purpose and intent of the sign ordinance.
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Current Site Layout (current signs noted in red):
Zoning Map:
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ZBA Staff Report.doc
Sign Depiction (two separate identical signs):
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ZBA Staff Report.doc
Notification Map:
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ZBA Staff Report.doc
Current legal-non conforming sign on Jefferson St facing north:
Current legal-non conforming sign on Third St facing south:
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From Third St looking north:
From the parking lot on Jefferson St looking west:
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ZBA Staff Report.doc
Sign Ordinance Excerpts (emphasis added):
6. Permitted signs in all residential and mobile home park districts:
a. Entranceway monument signs are permitted for residential developments of up to
twelve (12) square feet. One sign for each major public road frontage may be
provided. Signs shall not exceed eight feet in height.
b. Internally illuminated monument signs of up to thirty-two (32) square feet,
not exceeding eight (8) feet in height, and internally lit wall signs up to
twenty-four (24) feet for lawful institutional uses such as churches and
schools. [amended 7/06]
c. Legal business uses in residential districts are permitted signage as allowed in the
B-1 zoning district, except for those uses otherwise addressed in this section.
[amended 4/02]
d. One (1) non-illuminated wall sign of up to eight (8) square feet for a home
occupation. [amended 12/01]
e. Changeable copy or message boards shall be part of a fixed, permanent sign and
shall have rigid letters. Electronic message boards are prohibited.
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 an additional monument sign for this property 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.
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e. That the alleged difficulty is not founded solely upon the opportunity to make the
property more profitable or to reduce expense to the owner.
f. That the requested variance is the minimum action required to eliminate the difficulty.
CONDITIONS
1. That the additions to the property must be complete within one year (Sec. 2504) or the
variance is void.
2. The additional signage is built and located as indicated in Case 2011-001.
3. The variance is recorded with the deed to keep record of it in the future.
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ZBA Staff Report.doc
Hearing Case 2011-002: Request for a variance from Section 2334: Signs, to allow a sign(s) to
be erected, exceeding the allowed size limit.
BACKGROUND:
Applicant: Tim VanDerHoar
Property Owner: First Congregational Church
Property Address(location): 1201 Jefferson St
Zoning: R-1, Single Family Residential
Current Land Use: Church
Request: A variance request to allow a monument sign larger than 32 sqft. If Case 2011-001 is
approved, then they are also requesting that that sign to be larger than 32 sqft as well.
STAFF OBSERVATIONS
1. Zoning of adjacent parcels to the west are B-2, Convenience and Comparison Business
with R-1 Singe Family Residential to the north, east and south.
2. The zoning ordinance allows for monument signs to be a maximum size of 32 sqft and
eight feet in height. The requested signs are about 57 sqft and seven feet in height each.
3. There are currently two signs on this property that are considered legally non-conforming
because they are pole signs, not monument signs. They were approved in the 1950’s
before the zoning ordinance was changed to only allow monument signs. The requested
signs are monument signs, but larger than the size allotment (32 sqft).
4. The proposed signs would be visible from both directions traveling on Jefferson St and
Third St.
5. The property has 500 feet of frontage on Jefferson St, 307 feet of frontage on Third St,
156 feet of frontage on First St and 137 feet of frontage on Monroe Ave.
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Application Page 2:
City of Muskegon Planning & Zoning Application
Page 2a - Non-Use Variances
Please provide an answer to the following questions:
1. Why are there “exceptional or extraordinary circumstances 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”? (i.e., why is your property unique compared to others in the
neighborhood?) The church is requesting a variance to allow for signs over 32 square feet
based in the size and shape of the church property. The church has over 500’ of frontage
both on Jefferson St. and 3rd St. Based on this fact, the church requires signs larger than
32sq feet to allow for signs that are visible and legible to visitors arriving by car.
2. Why is a variance “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.e., What
property rights do your neighbors enjoy that you can’t because of the nature of your property?)
The church is an institutional use in a residential district. The surrounding residential uses
in the residential zone have no need for signage.
3. How will the authorizing of a variance “not be of substantial detriment to adjacent property and
not materially impair the purposes of the City’s zoning ordinance or the public interest”? (i.e.,
Will granting a variance to you negatively affect your neighbors or the public in general?) The
authorization of this variance will have a positive effect on the surrounding properties. The
current signs have reached an age where regular care and maintenance Is no longer
enough. The signs need to be replaced, and need to be expanded in order to hold lettering
that is big enough to safely read from the street.
4. Explain why the alleged difficulty is “caused by the Ordinance and has not been created by any
person having an interest in the property or by any previous owner”: (i.e., Who/what is the cause
of the difficulty?) The difficulty comes from the large amount of frontage that exists on both
sides of the church, again with over 500’ of frontage each on Jefferson and 3rd streets, larger
signs are necessary, if the church was situated in the adjacent B-2 zone, based on the
amount of frontage the church would be allowed a sign of up to 200 square feet.
5. The alleged difficulty is “not founded solely upon the opportunity to make the property more
profitable or to reduce expense to the owner “because: (i.e., Do you have reasons, other than
financial gain, for asking for the variance?) The church does not stand to gain anything
financially from having a sign with an area greater than the allowable 32 square feet. The
church would like to create a safer and more efficient environment by having signs that are
easily read by motorists looking for the church. We believe that this is in accordance with
the intents and purposes of the sign ordinance.
6. Is the requested variance “the minimum action required to eliminate the difficulty”? (i.e., Could
you get by with less of a variance from the ordinance requirement(s)?) The church believes that
this is the minimum action required to eliminate the difficulty. Again, with the large
amounts of frontage along 3rd and Jefferson, large signs are necessary for the church to be
easily identified by motorists intending to visit the church. The current existing signs are
not adequate for easy visibility and need to be bigger to create a safer driving environment.
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Current Site Layout (current signs noted in red):
Zoning Map:
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ZBA Staff Report.doc
Sign Depiction (two separate identical signs):
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ZBA Staff Report.doc
Notification Map:
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ZBA Staff Report.doc
Current legal-non conforming sign on Jefferson St facing north:
Current legal-non conforming sign on Third St facing south:
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ZBA Staff Report.doc
From Third St looking north:
From the parking lot on Jefferson St looking west:
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ZBA Staff Report.doc
Sign Ordinance Excerpts (emphasis added):
6. Permitted signs in all residential and mobile home park districts:
f. Entranceway monument signs are permitted for residential developments of up to
twelve (12) square feet. One sign for each major public road frontage may be
provided. Signs shall not exceed eight feet in height.
g. Internally illuminated monument signs of up to thirty-two (32) square feet,
not exceeding eight (8) feet in height, and internally lit wall signs up to
twenty-four (24) feet for lawful institutional uses such as churches and
schools. [amended 7/06]
h. Legal business uses in residential districts are permitted signage as allowed in the
B-1 zoning district, except for those uses otherwise addressed in this section.
[amended 4/02]
i. One (1) non-illuminated wall sign of up to eight (8) square feet for a home
occupation. [amended 12/01]
j. Changeable copy or message boards shall be part of a fixed, permanent sign and
shall have rigid letters. Electronic message boards are prohibited.
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 (one/two) monuments signs that are each 57 sqft in
total size, 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.
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d. That the alleged difficulty is caused by the Ordinance and has not been created by any person
presently having an interest in the property, or by any previous owner.
e. That the alleged difficulty is not founded solely upon the opportunity to make the property
more profitable or to reduce expense to the owner.
f. That the requested variance is the minimum action required to eliminate the difficulty.
CONDITIONS
1. That the additions to the property must be complete within one year (Sec. 2504) or the
variance is void.
2. The sign is built as shown on the included depiction with staff being allowed to approve
minor changes that do not enlarge the overall size of the sign.
3. The variance is recorded with the deed to keep record of it in the future.
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Hearing Case 2011-003: Request for a variance from Section 2311: Accessory Structures, to
allow a gazebo to be placed in a front yard at 1077 Jefferson St.
BACKGROUND:
Applicant: Debrah Wells
Property Owner: Debrah Wells, Jefferson Towers
Property Address(location): 1077 Jefferson St
Zoning: RM-3, High Density Multiple Family District
Current Land Use: Church
Request: A variance request to allow a monument sign larger than 32 sqft. If Case 2011-001 is
approved, then they are also requesting that that sign to be larger than 32 sqft as well.
STAFF OBSERVATIONS
1. A gazebo is considered an accessory structure. However, accessory structures are not
allowed in front yards.
2. The zoning ordinance defines a front yard as the space between the road and the front of
the principal structure. Principal structures on the corner of multiple roads will have
multiple front yards. Jefferson Towers has road frontage on all four sides of the building.
They have four front yards and no side or back yards.
3. Accessory structures must be setback at least three from any property line. The gazebo
would be placed 12’1” from the property line on Hamilton Ave and 23’ from the
principal structure.
4. The gazebo measures 8’11” at it longest point and is 12’ tall.
5. The zoning ordinance states that structures can only cover up to 50% of the lot in
residential districts. Currently, structures only take up about 30% of the property and the
addition of the gazebo will not significantly change that amount.
6. The properties to the north of the proposed gazebo are zoned B-1, Limited Business
District and are currently used as parking lots. The properties to the west are zoned R-1,
Single Family Residential. Adjacent properties in other directions would not be affected.
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Application Page 2:
City of Muskegon Planning & Zoning Application
Page 2a - Non-Use Variances
Please provide an answer to the following questions:
1. Why are there “exceptional or extraordinary circumstances 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”? (i.e., why is your property unique compared to others in the
neighborhood?) We are a senior multi-residence that occupies the full block. At the time the
building was built, the main entrance was and still is considered to be the entrance to the
east off of Jefferson Street. The secondary entrance would be the entrance and parking
area to the west of the building. It is our understanding under the definitions of the zoning
ordinance that with a building occupying an entire block has a primary and secondary
front yards. We therefore consider out front yards to be to the east and west; therefore,
leaving us two side yards, one of which is involved in this venture. This project is a
donation from a Boy Scout earning his Eagle Scout rank, and is the only way our non-profit
building could ever dream of having a gazebo.
2. Why is a variance “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.e., What
property rights do your neighbors enjoy that you can’t because of the nature of your property?)
Establishment of a yard that would allow us to have an accessory structure.
3. How will the authorizing of a variance “not be of substantial detriment to adjacent property and
not materially impair the purposes of the City’s zoning ordinance or the public interest”? (i.e.,
Will granting a variance to you negatively affect your neighbors or the public in general?) No.
The neighborhood would benefit from the improvements to our property and definitely
positively affect the general public who would be considering living at our facility.
4. Explain why the alleged difficulty is “caused by the Ordinance and has not been created by any
person having an interest in the property or by any previous owner”: (i.e., Who/what is the cause
of the difficulty?) Interruption of the zoning ordinance
5. The alleged difficulty is “not founded solely upon the opportunity to make the property more
profitable or to reduce expense to the owner “because: (i.e., Do you have reasons, other than
financial gain, for asking for the variance?) This is not for financial gain. This is for the
enjoyment of the current and future residents of Jefferson Towers. We are a non-profit
building for the elderly who are trying to give these seniors a true “home” that they can
enjoy. They have no other outdoor seating area, i.e. patio that they can take advantage of.
6. Is the requested variance “the minimum action required to eliminate the difficulty”? (i.e., Could
you get by with less of a variance from the ordinance requirement(s)?) We are flexible in
moving the structure to some degree, but have no other yard on the other three sides, so
therefore need the structure to stay on the Hamilton Street side.
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Notification Map:
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ZBA Staff Report.doc
Current Site Layout (proposed gazebo noted in red):
Zoning Map:
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ZBA Staff Report.doc
View of front yard on Jefferson St facing west:
View of front yard on Houston Ave facing north:
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ZBA Staff Report.doc
View of front yard on First St facing east:
View of front yard on Hamilton Ave facing south:
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ZBA Staff Report.doc
Site Plan:
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ZBA Staff Report.doc
Sign Ordinance Excerpts (emphasis added):
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]
Definitions:
Yards: The open spaces on the same lot with a main building, unoccupied and unobscured from
the ground upward except as otherwise provided in this Ordinance, and as defined herein.
[amended 10/02]
Front Yard: An open unoccupied space extending the full width of the lot, the depth of
which is the horizontal distance between the front lot line and the nearest point of the
building. In the case of lots abutting lakes, rivers, and canals, the front yard shall be that
side of the lot or parcel on the street side.
Rear Yard: A space extending the full width of the lot the depth of which is the
horizontal distance between the rear lot line and the nearest point of the main building.
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 construction of a gazebo in the front yard on the Hamilton Ave side
of the property, be (approved/denied), based on the following review standards (found in Section
2502 of the Zoning Ordinance) and subject to conditions:
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ZBA Staff Report.doc
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
7. That the additions to the property must be complete within one year (Sec. 2504) or the
variance is void.
8. The gazebo is built as shown on the included depiction with staff being allowed to
approve minor changes that do not enlarge the overall size of the sign.
9. The variance is recorded with the deed to keep record of it in the future.
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ZBA Staff Report.doc
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