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CITY OF MUSKEGON
ZONING BOARD OF APPEALS
MEETING
June 9, 2026 @ 4:00 PM
MUSKEGON CITY COMMISSION CHAMBERS
933 TERRACE STREET, MUSKEGON, MI 49440
☐ CALL TO ORDER:
☐ ROLL CALL:
☐ APPROVAL OF MINUTES:
A. Approval of the minutes from the regular meeting of June 10, 2025.
Planning
☐ OLD BUSINESS:
☐ NEW BUSINESS:
A. Election of Officers Planning
☐ ANY OTHER BUSINESS:
☐ PUBLIC HEARINGS:
A. Case 2026-01: Request for a variance from Article IV, Section 404 of the
zoning ordinance to construct a 242 square foot attached garage that is
less than 5 feet from the side property line at 1382 Lakeshore Drive.
Planning
☐ PUBLIC COMMENT:
☐ ADJOURNMENT:
AMERICAN DISABILITY ACT POLICY FOR ACCESS TO OPEN MEETINGS OF THE CITY OF
MUSKEGON AND ANY OF ITS COMMITTEES OR SUBCOMMITTEES
To give comment on a live-streamed meeting the city will provide a call-in telephone
number to the public to be able to call and give comment. For a public meeting that is
not live-streamed, and which a citizen would like to watch and give comment, they
must contact the City Clerk’s Office with at least a two-business day notice. The
participant will then receive a zoom link which will allow them to watch live and give
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comment. Contact information is below. For more details, please visit:
www.shorelinecity.com
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 with twenty-four (24) hours’ notice to the City of Muskegon. Individuals with
disabilities requiring auxiliary aids or services should contact the City of Muskegon by
writing or by calling the following:
Ann Marie Meisch, MMC. City Clerk. 933 Terrace St. Muskegon, MI 49440. (231)724-6705.
[email protected]
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CITY OF MUSKEGON
ZONING BOARD OF APPEALS
REGULAR MEETING MINUTES
June 10, 2025
Chairman Taylor called the meeting to order at 4:01 p.m., and roll was taken.
MEMBERS PRESENT: V. Taylor, R. King, M. Gallavin, W. German (arrived at 4:12 pm), J. Hite,
and J. Montgomery-Keast.
MEMBERS ABSENT: D. Crockett
STAFF PRESENT: M. Franzak, S. Romine
OTHERS PRESENT: None.
APPROVAL OF MINUTES
A motion that the minutes of the regular meeting of May 13, 2025, be approved was made by J.
Montgomery-Keast, supported by M. Gallavin, and unanimously approved.
NEW BUSINESS:
None.
PUBLIC HEARINGS
Hearing, Case 2025-05: Request for variances from Section 2311 of the zoning ordinance to construct a
144 square foot shed that is less than 3 feet from the side property line and 1.5 feet from the home, at
1423 Lakeshore Drive.
SUMMARY
1. The property is zoned R, Neighborhood Residential. The parcel measures 6,600 sf and is located
on a relatively historic portion of Lakeshore Drive, with homes dating back into the late
1800s/early 1900s.
2. A single-family house has been sited on the lot for many years that later transitioned into a two-
unit home. The house sits to the rear of the property, leaving very little space in the rear yard for
any potential accessory structures. Prior to recent renovation work, the house included a one-stall
attached garage which was built up to the side property line, deeming the house a non-
conforming structure.
3. The applicant purchased the property in the October 2024, and several renovations have taken
place since then. During the storm in June 2024, a tree fell onto the single-stall attached garage.
The garage was deemed to be beyond repair and was demolished in November. The applicant was
informed that they could not rebuild the garage due to the nonconforming status per Article XXII
of the zoning ordinance.
4. The applicant is requesting to add a 144sf shed/garage that would sit 1.5 feet from the principal
structure and approximately one-foot from the side yard lot line to the northeast. There are two
violations of the ordinance with the addition of the detached 144sf shed/garage. The side yard
setback requirement of at least three feet cannot be met, nor can the setback to the principal
structure requirement of at least six feet.
5. The applicant has also obtained a Development Permit to install a six-foot white vinyl privacy
fence, which was approved.
6. Staff became aware at the time of this writing that the applicant has already installed the
foundation for the requested accessory structure.
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7. Please see the enclosed denied site plan as well as a copy of a recent sketch from the Assessing
Department that shows the current layout of the structures on the property.
8. Notification was sent to every property within 300 feet of this address. At the time of this writing,
staff had not received any public comments.
PUBLIC COMMENT
J. Sanocki, 1417 Lakeshore Drive: Spoke in support of the variance.
MOTION TO CLOSE PUBLIC HEARING
A motion to close the public hearing was made by J. Montgomery-Keast, supported by M. Gallavin, and
unanimously approved.
VARIANCE REVIEW STANDARDS
Questions to consider when reviewing a variance request:
a. Are there 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 classes of uses in the same zoning district?
b. Is the dimensional 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?
c. Will the authorizing of such dimensional variance be of substantial detriment to adjacent
properties?
d. Is the alleged difficulty caused by the ordinance and not by any person presently having an
interest in the property, or by any previous owner?
e. Is the alleged difficulty founded solely upon the opportunity to make the property more
profitable or to reduce expense to the owner?
f. Is the requested variance the minimum action required to eliminate the difficulty?
DETERMINATION
A motion was made by R. King, supported by J. Montgomery-Keast, that the request for variances from
Section 2311 of the zoning ordinance to construct a 144 square foot shed that is less than 3 feet from
the side property line and 1.5 feet from the home, at 1423 Lakeshore Drive, be approved based on the
review standards in Section 2502 of the Zoning Ordinance.
ROLL CALL VOTE
V. Taylor: Yes J. Montgomery-Keast: Yes J. Hite: Yes
M. Gallavin: Yes R. King: Yes W. German: Yes
MOTION PASSES
OLD BUSINESS
None
OTHER
None
ADJOURN
There being no further business, the meeting was adjourned at 4:17 p.m.
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Agenda Item Review Form
Muskegon Zoning Board of Appeals
Commission Meeting Date: June 9, 2026 Title: Election of Officers
Submitted by: Mike Franzak, Planning Director Department: Planning
Brief Summary:
We must elect a Chair and Vice-Chair for 2026.
Recommended Motion:
I move to elect _________ for Chair and ____________for Vice-Chair.
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Agenda Item Review Form
Muskegon Zoning Board of Appeals
Commission Meeting Date: June 9, 2026 Title: Case 2026-01: Request for a variance from
Article IV, Section 404 of the zoning ordinance to
construct a 242 square foot attached garage
that is less than 5 feet from the side property line
at 1382 Lakeshore Drive.
Submitted by: Mike Franzak, Planning Director Department: Planning
Brief Summary:
Request for a variance from Article IV, Section 404 of the zoning ordinance to construct a 242 square
foot attached garage that is less than 5 feet from the side property line at 1382 Lakeshore Drive.
Detailed Summary & Background:
The house at 1382 Lakeshore Dr is considered legally, non-conforming because part of the house was
built over the side property line to the north. The owner is proposing to demolish the non-conforming
portion of the house and put a conforming addition onto the rear of the house.
The owner is also proposing a new attached garage on the south side of the house. However, the site
plan was denied because the side setback is just under three feet, but the requirement is a minimum
of five feet. The owner could place a detached garage in the rear of the property, but any addition
in this location would diminish their view of the lake, as well as their neighbors' view of the lake.
If the variance is granted and the garage is placed under five feet from the property line, the
Inspections Department will require the walls to be fire-rated. This is because the vacant lot to the
south is considered buildable and the distance between the two houses would most likely be under
10 feet.
Goal/Action Item:
Is this a repeat item?:
Explain what change has been made to justify bringing it back to Commission:
Amount Requested: Budgeted Item:
N/A Yes No N/A X
Fund(s) or Account(s): Budget Amendment Needed:
N/A Yes No N/A X
Recommended Motion:
I move the request for a variance from Article IV, Section 404 of the zoning ordinance to construct a
garage with side setback of 2.95 feet at 1382 Lakeshore Drive be approved.
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Approvals: Name the Policy/Ordinance Followed:
Immediate Division X
Head
Information
Technology
Other Division Heads
Communication
Legal Review
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THESE DRAWINGS AND SPECIFICATIONS ARE THE
PROPERTY OF DRISCON. ANY USE, DISTRIBUTION AND/OR
REPRODUCTIONS OF THESE DRAWINGS ARE STRICTLY
PROHIBITED WITHOUT THE WRITTEN PERMISSION OF DRISCON.
General Notes
Y)
WAF
IGH AIL
LEGAL DESCRIPTION
TO
LOT 11 AND THE NORTHEASTERLY 55 FEET OF THE SOUTHWESTERLY
D R TR
221 FEET OF LOT 14, BLOCK 583 OF THE REVISED PLAT OF 1903 OF THE
OA AL
CITY OF MUSKEGON, MUSKEGON COUNTY, MICHIGAN, AS RECORDED IN
ILR ION
LIBER 3 OF PLATS, PAGE 71, MUSKEGON COUNTY RECORDS.
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No. Description Date
44
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EXISTING PART OF THE HOUSE TO BE RELOCATED
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Muskegon, MI 49441
1382 Lakeshore Dr
Project Name and Address
Phone
Sheet
Existing Site Plan
1" = 10'-0"
C101
Project # COP
Issued Date -
Latest Rev
PRELIMINARY DRAWINGS. Scale 1" = 10'-0"
TR
THESE DOCUMENTS ARE NOT FOR CONSTRUCTION
Drawn By:
Rev By: -
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THESE DRAWINGS AND SPECIFICATIONS ARE THE
PROPERTY OF DRISCON. ANY USE, DISTRIBUTION AND/OR
REPRODUCTIONS OF THESE DRAWINGS ARE STRICTLY
PROHIBITED WITHOUT THE WRITTEN PERMISSION OF DRISCON.
General Notes
Y)
WAF
IGH AIL
LEGAL DESCRIPTION
TO
LOT 11 AND THE NORTHEASTERLY 55 FEET OF THE SOUTHWESTERLY
D R TR
221 FEET OF LOT 14, BLOCK 583 OF THE REVISED PLAT OF 1903 OF THE
OA AL
CITY OF MUSKEGON, MUSKEGON COUNTY, MICHIGAN, AS RECORDED IN
ILR ION
LIBER 3 OF PLATS, PAGE 71, MUSKEGON COUNTY RECORDS.
'
.22
RA AT
56
E R RE
RM REC
(FO
No. Description Date
44
.0
3' 18
7.
86
'
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HO
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LA
Muskegon, MI 49441
1382 Lakeshore Dr
Project Name and Address
Phone
Sheet
Proposed Site Plan
1" = 10'-0"
C102
Project # COP
Issued Date -
Latest Rev
PRELIMINARY DRAWINGS. Scale 1" = 10'-0"
TR
THESE DOCUMENTS ARE NOT FOR CONSTRUCTION
Drawn By:
Rev By: -
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