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CITY OF MUSKEGON
ZONING BOARD OF APPEALS
REGULAR MEETING
MINUTES
July 10, 2007
Vice Chairman E. Fordham called the meeting to order at 4:00 p.m. and roll was taken.
MEMBERS PRESENT: E. Fordham S. Brock, K. Davis, B. Larson, L. Gomez-Payne
MEMBERS ABSENT: R. Hilt, excused; J. Clingman-Scott, excused
STAFF PRESENT: M. Cameron, D. Leafers
OTHERS PRESENT: R. Stutzman, 1753 Edgewater
APPROVAL OF MINUTES
A motion that the minutes of the regular meeting of June 12, 2007 be approved was made by B.
Larson, supported by S. Brock and unanimously approved.
PUBLIC HEARINGS
Hearing Case 2007-003: Request for a variance from Section 404: Area and Bulk Requirements
(8) Rear Setback and Table I Heights, Areas, and Yards, to allow installation of a new rear deck
with roof that will encroach into the required rear setback, at 1753 Edgewater by Richard P.
Stutzman. M. Cameron presented the staff report. Zoning of this parcel and others in the
surrounding area is R-1, Single Family Residential. This request is a result of a staff visit to the
site where an electrical inspector found the deck and roof supporting structure already built but
without a permit. The original deck had already been removed. After my site visit, the
homeowner applied for a variance as requested. According to assessor’s records the original
deck was 8 feet by 19 feet. The new deck is 10 feet by 24 feet and partially covered. The rear
property line does not run parallel to the deck so the north corner of the deck is closer to the
property line than the south corner. The south corner appears to be 8 feet from the property line
with the north corner being 5 feet. The roof is not covering the entire deck and will stop 7 feet
from the property line as shown on applicant’s site plan (dimension b). This home does not
appear to be in a critical dune area according to our maps. As shown on the site plan, this home
is located on an irregular parcel with 50 feet of frontage, 99.48 of depth on the north side and
118.06 of depth along the south property line and a rear lot line of 99.93 feet. Due to the deck
having a roof over it, the deck is considered an addition to the home. If this deck were to be built
without a roof, it could go up to the property line since it is less than 2 feet above grade and there
is an established fence line along the rear property line. Staff received several comments on this
case. Sand Products Corp. owns the property behind this lot and P. McKee sent a letter objecting
to the request. M. McKee of Sand Products Corp. called to state that he was opposed to the
request. Thomas and Joyce Voyt of 1760 Edgewater e-mailed to say they are in favor of the
request, as did T. Weatherbee of 1747 Edgewater and T. Blake of 3222 Park Place. V. Blake of
1731 Edgewater called to state that she supported the request.
Zoning Board of Appeals Minutes –07/10/07 1
R. Stutzman stated that he was replacing a deteriorating deck and didn’t realize he needed a
permit. He wanted a roof on it because there was no other shade over the deck. B. Larson stated
that he had reviewed the applicant’s answers on the variance application and the request seemed
reasonable. E. Fordham stated that if the old deck was in disrepair, there was also a safety issue.
K. Davis stated that the ordinance could allow the applicant to build a deck right up to the
established fence line on the property, so this request seemed the least intrusive.
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 findings of fact determined by the Zoning Board of Appeals be adopted and
that the variance request to reduce the rear setback to 7 feet to allow construction of a 10 foot by
24 foot partially covered rear deck as shown on the included photos and site plan be approved,
subject to the conditions that 1) the additions to the property must be complete within one year
(Sec. 2504) or the variance is void, 2) the covered deck will not be enclosed, and 3) the variance
is recorded with the deed to keep record of it in the future, was made by B. Larson, supported by
S. Brock and unanimously approved.
OLD BUSINESS
OTHER
There being no further business, the meeting was adjourned at 4:15 p.m.
Zoning Board of Appeals Minutes –07/10/07 2
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