View the PDF version Google Docs PDF Viewer
CITY OF MUSKEGON
ZONING BOARD OF APPEALS
REGULAR MEETING
DATE OF MEETING: October 8, 2013
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 September 10.
III. PUBLIC HEARINGS
• Case 2013-05: Request for a variance from Section 1309, Area and Bulk Requirements,
of the zoning ordinance to construct a building within the 10 foot minimum front setback
at 990 Terrace Street, by Muskegon County.
IV. New Business
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 that a representative dial 231-724-6705
CITY OF MUSKEGON
ZONING BOARD OF APPEALS
REGULAR MEETING
MINUTES
September 12, 2013
Chairman R. Hilt called the meeting to order at 4:00 p.m. and roll was taken.
MEMBERS PRESENT: R. Hilt, S. Warmington, B. Larson, W. German Jr., T. Halterman,
E. Fordham
MEMBERS ABSENT: S. Brock
STAFF PRESENT: M. Franzak, D. Renkenberger
OTHERS PRESENT: J. EldenBrady, 1336 Spring St.; M. Landis, Parmenter O’Toole; J.
Schrier, Parmenter O’Toole
APPROVAL OF MINUTES
A motion that the minutes of the regular meeting of August 13, 2013 be approved was made by
B. Larson, supported by E. Fordham and unanimously approved.
PUBLIC HEARINGS
Hearing; Case 2013-03: Request for a zoning appeal and to be granted a business registration to
operate a farm at 1192 Ambrosia St, 381 Catherine Ave, 383 Catherine Ave, 370 McLaughlin
Ave, 1272 Spring St, 1336 Spring St, 1192 Wood St and also to operate a market at 1198 Wood
St., by Joshua & Anna EldenBrady. This case was tabled from the August 2013 meeting. M.
Franzak summarized the request and stated that personnel from the City Attorney’s office were
present to answer questions. Board members were provided a written opinion from attorney M.
Landis from the City Attorney’s office regarding the EldenBrady’s request and the urban
farming issue. R. Hilt asked J. EldenBrady if he had any new information to add. J. EldenBrady
stated that he had three things to add: He stated that McLaughlin Grows was an urban farm
allowed to operate in the City, and that the City had partnered with them; He objected to the fact
that he was not given a copy of the City Attorney’s letter so that he could review it and respond;
He stated that there were two different zoning districts involved in his request and asked that the
board vote on them separately.
R. Hilt reviewed the findings of fact, and stated that this request did not meet those criteria. J.
EldenBrady stated that his case was for a zoning appeal, not a variance. R. Hilt stated that, if
there was no other new information, the board would return to the closed public hearing status.
A motion to deny the zoning appeal and subsequent business license for Patchwork Pastures
Urban Farm & Wood Street Market was made by B. Larson, supported by S. Warmington and
unanimously approved.
B. Larson asked if the applicant could be given a copy of the letter from M. Landis that was
provided to board members. J. Schrier stated that under the Freedom of Information Act, the
request would be denied because it was attorney-client privileged communication; however, the
ZBA was the client in this case, and could decide what to do with the information.
A motion to waive the attorney-client privilege in this one instance and provide a copy of the
letter from the attorney M. Landis dated September 9, 2013 to Joshua EldenBrady was made by
B. Larson, supported by W. German and approved, with R. Hilt voting nay.
OLD BUSINESS
None
OTHER
Role of the ZBA – J. Schrier provided written and verbal information on the role of the Zoning
Board of Appeals. He stressed that it was important for the board to consider the City-wide good
when making their decisions, not just one particular case.
There being no further business, the meeting was adjourned at 4:37 p.m.
CITY OF MUSKEGON
ZONING BOARD OF APPEALS
STAFF REVIEW
October 8, 2013
Hearing; Case 2013-05: Case 2013-05: Request for a variance from Section 1309, Area and
Bulk Requirements, of the zoning ordinance to construct a building within the 10 foot minimum
front setback at 990 Terrace St, by Muskegon County.
BACKGROUND
1. The County of Muskegon will be constructing an addition to the jail at 990 Terrace St. It
will be located on the same parcel as the current facility.
2. This parcel is unique because it is surrounded by streets on all four sides, which means that it
has four front yards.
3. The layout of the property will cause the mechanical equipment and enclosure to be located
in a front yard. This is not allowed unless it is screened with part of the building. However,
there is not enough room to fit it in the current setback requirement of 10 feet.
4. There are several other buildings in the area that are located within the 100 foot setback.
5. The applicant is asking for a variance to be able to construct the mechanical equipment
enclosure with a front setback of 2’6” on Pine St.
990 Terrace looking west from Pine St
Aerial Map
Zoning Ordinance Excerpt:
SECTION 1309: AREA AND BULK REQUIREMENTS [amended 4/00]
1. Minimum lot size: 10,890 sq. feet.
2. Maximum lot coverage:
Buildings: 80%
Pavement: 25%
3. Lot width: 40 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: 4 stories or 60 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 Ave. 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, 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).
6. Front Setbacks: [amended 1/05]
Minimum:
Expressway or Arterial Street: 30 feet
Collector or Major Street: 20 feet
Minor Street: 10 feet
Maximum:
Expressway, Arterial Street or Major Street: 50 feet
Collector Street: 40 feet
Minor Street: 30 feet
7. Rear setback: 10 feet
8. Setback from the ordinary high water mark or wetland: 75 feet (principal structures
only).
9. Side setbacks:
1-story: 8 feet and 12 feet
2-story: 10 feet and 14 feet
3-story: 12 feet and 16 feet
4-story: 16 feet and 20 feet
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 for a front setback of no less than 2’6” on Pine 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.
Sign up for City of Muskegon Emails