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CITY OF MUSKEGON
ZONING BOARD OF APPEALS
REGULAR MEETING
DATE OF MEETING: December 13, 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 August 9, 2011.
III. PUBLIC HEARINGS
A. Hearing; Case 2011-004: Request for a variance from Section 2311: Accessory
Structures and Buildings, to allow an accessory structure to be erected closer to the
principal structure than the required minimum setback of six feet, at 1259 Lakeshore Dr.,
by Fred Schossau.
B. Hearing; Case 2011-005: Request for a variance from Section 2334: Signs, to allow for
an off-premise sign at 560 Mart St, by Raymond James and Associates.
IV. OLD BUSINESS
V. Adjourn
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CITY OF MUSKEGON
ZONING BOARD OF APPEALS
STAFF REVIEW
December 13, 2011
Hearing Case 2011-004: Request for a variance from Section 2311: Accessory Structures and
Buildings, to allow for an accessory structure to be erected closer to the principal structure than
the required minimum setback of six feet, at 1259 Lakeshore Dr., by Fred Schossau.
BACKGROUND:
Applicant: Fred Schossau
Property Address(location): 1259 Lakeshore Dr
Zoning: RM-1, Low Density Multiple-Family Residential Districts
Current Land Use: Bed & Breakfast
STAFF OBSERVATIONS
1. The applicant applied for a building permit to construct a carport on the south-west side of
the property on September 8, 2011. The application was denied because it did not meet
zoning requirements. At that time, the proposed carport was attached to the principal
structure, but it did not meet the side setback requirement of 10 feet for principal structures.
Also, this site plan shows that it does not meet the side setbacks of 10 feet each and a total of
24 feet combined. This makes the principal structure legally non-conforming.
2. Accessory structures (i.e. detached carports) can be placed on legally non-conforming
structures as long as you get a development permit. Principal structures (i.e. attached
carports) can be increased up to 30% with approval from the Planning Commission.
3. The applicant started construction of the carport, after being denied the permit, and was
issued a stop work order on October 6, 2011. The boards that have already been installed are
roughly ½” from the principal structure.
4. The applicant is now requesting a variance to construct a detached carport to be built ½” inch
from the principal structure. The zoning ordinance requires that all accessory structures
(including detached carports) be placed at least 6’ from all principal structures.
5. The applicant is also requesting to cover the “breezeway.” If the area between the carport
and the principal structure is connected with a cover, then it is not considered a detached
accessory structure and would be considered part of the principal structure. This site plan
would not meet the side setbacks, which was the problem with the application that was
originally denied.
6. The size of the parcel is 13,200 sqft. The rear of the property has an unconstructed area
comprising no less than 4,575 sqft (37% of the lot) where the accessory structure could be
legally placed. This means that there is no hardship present. The inability to place your
structure exactly where you want it does not constitute a hardship. There is at least 4,575
sqft of available space that this structure could be placed and still meet zoning requirements.
Aerial Photo (red = property line; blue = carport area)
Zoning Map
Aerial Photo showing location (blue line) of where the structure could legally be placed.
Front of 1259 Lakeshore Drive
South-west side of 1259 Lakeshore Drive
Notification Map:
Ordinance Excerpt (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]
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]
STAFF RECOMMENDATION:
Staff does not recommend approval because there is not a hardship. There is room on the
property to meet the setback requirements.
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 accessory structure to be built ½” from the principal structure for
this property be (approved/denied), based on the following review standards (found in Section
2502 of the Zoning Ordinance) and subject to conditions:
REVIEW STANDARDS
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.
2. The variance is recorded with the deed to keep record of it in the future.
Hearing Case 2011-005: Request for a variance from Section 2334: Signs, to allow for an off-
premise sign at 560 Mart St, by Raymond James and Associates.
BACKGROUND:
Applicant: Raymond James and Associates
Property Owner: West MI Dock and Market Co
Property Address(location): 560 Mart St
Zoning: B-2, Convenience and Comparison Business District
Request: A variance request to allow for an off-premise sign from Raymond James and
Associates, 700 Terrace Point Dr, to be located at 560 Mart St.
STAFF OBSERVATIONS
1. Raymond James and Associates is located at 700 Terrace Point Road.
2. Since the parcel only has 90 feet of road frontage, the zoning ordinance only allows for a
sign of 46 sqft and 15 feet tall on the property. This would not be visible from Shoreline
Dr. The only people that would be able to see the sign would be those that are already
driving to the end of Terrace Point Rd.
3. The monument sign located at the south-east corner of the parcel at 560 Mart St already
hosts two off-premise signs for businesses on Terrace Point Dr. The businesses are the
Shoreline Inn and Suites and The Lakehouse Restaurant.
4. The property owner of 560 Mart St has given permission for the sign to be placed on the
property (see letter on the following pages).
5. Staff has not yet received a depiction of the sign, but will present one at the meeting.
Existing off-premise signs at 560 Mart St.
Zoning Map (red dot indicates location of sign)
Aerial Photo (red dot = sign location)
Notification Map:
Sign Ordinance Excerpts (emphasis added):
4. Prohibited Signs (all districts): The following listed signs are prohibited in any zoning
district of the City: [amended 6/03, 7/05]
a. A sign displaying intermittent lights and lights resembling the flashing lights
customarily used in traffic signals, or police, fire, ambulance, or rescue vehicle or
signs which imitate official traffic directional signs or devices.
b. A sign using the words, "Stop", "Danger", or any other words, phrases, symbols,
or characters, in such a manner as to interfere with, mislead, or confuse a vehicle
driver.
c. Signs affixed to trees, shrubs or similar natural features.
d. Signs affixed to fences or utility poles or structural elements not capable to
support such signs except community promotional banners permitted under
“Exempt Signs.” [amended 2/04]
e. Any sign which obstructs the ingress or egress from a required door, window, or
other required exit.
f. Signs on parked vehicles where the sign is the primary use of the vehicle.
g. Banners used as permanent signs.
h. Temporary signs and devises including inflatable devices, pennants, pinwheels,
searchlights or other devices with similar characteristics, except when used
temporarily for periods not to exceed fifteen (15) days to announce the opening of
a new type of business or use by a new owner.
i. Portable “A” frame signs, inverted "T" signs with spider legs, with or without
wheels where lettering can be changed, rearranged or altered (see also definition
of “portable” sign).
j. Signs which overhang or extend into a dedicated public right-of-way without the
written consent of the city. Any signs which encroach upon the public right-of way do
not qualify as legal nonconforming signs. Such signs shall be considered an illegal use
and shall be removed., unless an encroachment agreement was obtained from the City
Commission.
k. Signs that have concrete foundations or other solid anchoring devices that project
above the surface of the ground more than 18” (eighteen inches).
l. Signs which are painted, placed or constructed directly on or project from a roof.
m. Off-premise signs except billboards regulated herein or tourist oriented
directional signs placed in cooperation with the City.
n. Signs with visible moving, revolving, rotating parts, or visible mechanical
movement of any description or other apparent visible movement achieved by
electrical, electronic, or mechanical means.
o. Externally illuminated signs which can bleed light, interfere with the city’s “night
sky” objectives, cast glare in the public right-of-way distracting drivers, and
shining into adjacent residential areas interfering with resident’s enjoyment of
their personal property.
STAFF RECOMMENDATION:
Staff recommends approval of the variance because it is the minimum action required to
eliminate the difficulty.
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 off-premise sign at 560 Mart St, be (approved/denied), based on
the following review standards (found in Section 2502 of the Zoning Ordinance) and subject to
conditions:
REVIEW STANDARDS
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.
2. The variance is recorded with the deed to keep record of it in the future.
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