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CITY OF MUSKEGON
ZONING BOARD OF APPEALS
REGULAR MEETING
MINUTES
January 14, 2014
Chairman R. Hilt called the meeting to order at 4:05 p.m. and roll was taken.
MEMBERS PRESENT: R. Hilt, S. Warmington, B. Larson, E. Fordham, E. Carter
MEMBERS ABSENT: T. Halterman; W. German, excused
STAFF PRESENT: M. Franzak, D. Renkenberger
OTHERS PRESENT: Tyler Remington, Consumers Energy
Board members were introduced to new member, Edwin “Ned” Carter.
APPROVAL OF MINUTES
A motion that the minutes of the regular meeting of December 10, 2013 be approved was made
by S. Warmington, supported by B. Larson and unanimously approved.
PUBLIC HEARINGS
Hearing; Case 2014-01: Request for a variance from Section 2331 (Fencing) of the Zoning
Ordinance to allow a seven-foot fence with barbed wire at 1133 West Western Avenue. M.
Franzak presented the staff report. The parcel is located in an I-2, General Industrial district.
Consumers Energy will be constructing a new temporary electric substation on the parcel, while
they rebuild the current station. The National Electric Safety Code requires that fences around
substations be a minimum of 7 feet tall; however, the zoning ordinance only allows 6-foot tall
fences in front yards and does not allow barbed wire. Consumers Energy has over 950
substations within the State of Michigan that employ barbed wire as a security method.
M. Franzak suggested that staff consider changing the zoning ordinance to allow this type of
fence for utility companies, since it is a requirement of the National Electric Safety Code. S.
Warmington stated that he understood the need for enhanced fencing, but it did not look
aesthetically pleasing, especially considering that this location was part of the Lake Michigan
Circle Tour route to Pere Marquette Park. B. Larson asked why the temporary facility was
needed. T. Remington stated that they were going to rebuild the existing facility and needed the
temporary station so they could continue to provide electricity during the construction. The
temporary substation would be disassembled upon completion of construction. R. Hilt stated
that he had seen 7-foot fences that were angled at the top, making the barbed wire less visible. T.
Remington stated that the top of the fence would be angled. E. Fordham asked if the entire
property would be fenced, and how that would affect the separate property in the midst of
Consumers’ lot. M. Franzak stated that the fenced area would be located near the corner of
Western and Franklin Avenues; the entire property would not be enclosed.
Zoning Board of Appeals Minutes – 1/14/14 1
A motion to close the public hearing was made by B. Larson, supported by S. Warmington and
unanimously approved.
E. Fordham asked for clarification on the fence height, since it sounded like it would be higher
than 7 feet. T. Remington stated that the chain link portion of the fence would be 7 feet high,
with an additional foot of barbed wire at the top. However, the barbed wire would be angled, so
the fence would not be a full 8 feet tall. N. Carter asked if the City was required to follow the
National Electric Safety Code. B. Larson stated that they were, but since the City’s zoning
ordinance didn’t allow it, a variance was needed. M. Franzak stated that it was possible that the
City would end up in court if the variance was denied, since it was a national requirement.
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, i.e. the National Electricity Safety Code requirements; 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 seven-foot tall chain link fence topped with one
foot of barbed wire at 1133 West Western Avenue be approved, was made by B. Larson,
supported by S. Warmington and unanimously approved.
OLD BUSINESS
None
OTHER
M. Franzak updated board members on the status of two court cases that had previously been
before the ZBA, and thanked the members for their efforts in deciding some difficult cases over
the past year.
There being no further business, the meeting was adjourned at 4:25 p.m.
Zoning Board of Appeals Minutes – 1/14/14 2