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CITY OF MUSKEGON
ZONING BOARD OF APPEALS
REGULAR MEETING
MINUTES
May 13, 2014
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, E. Carter, W. German
MEMBERS ABSENT: T. Halterman, excused; E. Fordham, excused
STAFF PRESENT: M. Franzak, D. Renkenberger
OTHERS PRESENT: T. Wasserman, 1595 Lakeshore Dr.; E. Wilgenberg, 1875 Roberts
APPROVAL OF MINUTES
A motion that the minutes of the regular meeting of April 8, 2014 be approved was made by S.
Warmington, supported by B. Larson and unanimously approved.
PUBLIC HEARINGS
Hearing; Case 2014-03: Request for a variance from Section 404 of the Zoning Ordinance to
allow a zero lot line setback in a front yard for an addition at 1595 Lakeshore Drive, by
Wasserman’s Flowers and Gifts. M. Franzak presented the staff report. The parcel is located in
an R-1, Single Family Residential District. The applicant would like to attach a pergola to the
front/side of the building, which will extend outward five feet toward Vanderlinde Street. The
pergola will be considered part of the building because it will be attached to the principal
structure. There is a minimum 15-foot setback requirement for front yards in R-1 districts. This
addition would constitute a zero line setback because it will extend up to the property line.
Notice was sent to property owners within 300 feet of this property. At the time of the staff
report, no comments had been received.
N. Carter asked if the variance affected only the Vanderlinde side of the building. M. Franzak
stated that was correct; the side facing Lakeshore Drive met setback requirements and therefore
did not require a variance. T. Wasserman explained the plans for the pergola. It would encroach
onto City property about one-and-a-half feet and he was pursuing an encroachment agreement
with the City for that. He stated that they wished to shade that side of the building, since it
received direct sun. The pergola’s columns would be on Wasserman’s property; only the roof
would extend over City property. B. Larson asked what material would be used for the pergola.
T. Wasserman stated that it would be stained wood.
A motion to close the public hearing was made by B. Larson, supported by W. German and
unanimously approved.
The following findings of fact were offered: 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
Zoning Board of Appeals Minutes – 5/13/14 1
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, and f) That the requested variance is the minimum action required
to eliminate the difficulty.
A motion that the variance request to allow a zero lot line setback in an R-1, Single Family
Residential District at 1595 Lakeshore Drive on the Vanderlinde Street side of the building be
approved, based on the review standards listed above (found in Section 2502 of the Zoning
Ordinance), and subject to the condition that an encroachment agreement is approved by the
City, was made by S. Warmington, supported by B. Larson and unanimously approved.
Hearing; Case 2014-04: Request for a variance from Section 2331 of the Zoning Ordinance to
allow a fence with barbed wire at 1875 Roberts Street, by Newkirk Electric. M. Franzak
presented the staff report. The parcel is located in an I-2, General Industrial District. The City
recently vacated Nims and Vulcan Streets in this area so that the company could connect their
property at 1975 Vulcan Street. The company would like to fence in the entire new parcel and
would like to include barbed wire on top of the fence for security reasons. Notice was sent to
property owners within 300 feet of the subject property. One person, M. Peliotes, owner of 1838
Valley, called to say she had no objection to the request. Staff also received letters from John
Hughes and Ronald Hughes, and neither had an objection to the request.
B. Larson asked staff if the existing fence already had barbed wire. M. Franzak stated that it did.
E. Wilgenberg spoke for Newkirk Electric and explained the need for the fence.
A motion to close the public hearing was made by S. Warmington, supported by B. Larson and
unanimously approved.
The following findings of fact were offered: 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, and f) That the requested variance is the minimum action required
to eliminate the difficulty.
A motion that the variance request to allow a barbed wire fence as proposed in an I-2, General
Industrial District at 1875 Roberts Street be approved, based on the review standards listed above
(found in Section 2502 of the Zoning Ordinance), was made by B. Larson, supported by W.
German and unanimously approved.
Zoning Board of Appeals Minutes – 5/13/14 2
M. Franzak stated that E. Wilgenberg should first verify that the street had been replatted. E.
Wilgenberg stated that their attorney had told them they did not need to pursue a replatting.
OLD BUSINESS
None
OTHER
None
There being no further business, the meeting was adjourned at 4:20 p.m.
Zoning Board of Appeals Minutes – 5/13/14 3