Zoning Board of Appeals Agenda 04-09-2019

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                                             CITY OF MUSKEGON
                                          ZONING BOARD OF APPEALS
                                             REGULAR MEETING


DATE OF MEETING:                         Tuesday, April 9, 2019
TIME OF MEETING:                         4:00p.m.
PLACE OF MEETING:                        Commission Chambers, First Floor, Muskegon City Hall



                                                             AGENDA
I.     Roll Call

II.    Approval of Minutes of the Regular Meeting of November 14, 2017.

III.   Election of Officers (Chair and Vice Chair)

IV.    Public Hearings

       A. Hearing; Case 2019-01: Request for a variance from Section 2311 of the zoning
          ordinance to allow an 8-foot fence to be constructed on a residential property at 2027
          Bourdon St, by Jill Montgomery-Keast.

       B. Hearing; Case 2019-02: Request for a variance to reduce the minimum side setback
          to less than 6 feet at 1924 Dowd St, by Daniel Cardosa.

V.     New Business

VI.    Old Business

VII.   Adjourn




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                         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, Ml 49440
                                                         (231) 724-6705
                               1TY/fDD: Dial 7-1-1 and request that a representative dial 231-724-6705
                                   CITY OF MUSKEGON
                                ZONING BOARD OF APPEALS
                                    REGULAR MEETING
                                        MINUTES

                                        November 14, 2017

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, J. Witmer

MEMBERS ABSENT:                E. Fordham, excused

STAFF PRESENT:                 M. Franzak, D. Renkenberger

OTHERS PRESENT:                F. Glancy, 1370 Ridge Ave.


APPROVAL OF MINUTES

A motion that the minutes of the regular meeting of October 10, 2017 be approved was made by
S. Warmington, supported by B. Larson and unanimously approved.

PUBLIC HEARING

Hearing; Case 2017-07: Request for a variance from Section 2311 of the zoning ordinance to
allow a shed to be expanded in a front yard at 13 70 Ridge Avenue, by Fred Glancy. M. Franzak
presented the staff report. The property owner would like expand the shed in the back of the
home; however, the property has two front yards and no back yard because it is located between
Ridge Ave and Glen Ave. This is the only home with frontage on Glen Ave that doesn't face the
street. Sheds cannot be located in front yards per the zoning ordinance. The existing shed is
considered legally, non-conforming and cannot be expanded. The variance request is for the
expansion of the shed only. Neighbors within 300 feet of this property were notified; at the time
of this writing, staff had not received any comments. Staff considers there to be a valid hardship
on the property, as it is has frontage on two streets which makes it difficult to place a shed on the
prope1ty.

M. Franzak stated that he had searched for a previous variance for this property to allow the
current shed but he did not locate one; therefore, ZBA approval was required for the proposed
addition. The shed would be located behind the house on the Glen Ave. frontage, which was the
home's back yard. F. Glancy stated that he had spoken to all affected neighbors and none noted
any objections to his request, as long as the shed was not in the front yard on the Ridge Avenue
side. He confirmed that he planned to attach the new shed to the current shed on the property.

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, i.e. that the ordinance defines this property as having two front yards; b) that the
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
properties, d) that the alleged difficulty is caused by the ordinance and not 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 the expansion of the current shed fronting Glen
Avenue, at 1370 Ridge Avenue be approved, based on the review standards in Section 2502 of
the Zoning Ordinance and with the condition that any necessary permits are obtained, was made
by S. Warmington, supported by W. German and unanimously approved, with R. Hilt, S.
Warmington, B. Larson, W. German, and J. Witmer voting aye.

OLD BUSINESS

None

OTHER

None.

There being no further business, the meeting was adjourned at 4:15 p.m.



DR
                                  CITY OF MUSKEGON
                               ZONING BOARD OF APPEALS
                                    STAFF REPORT

                                           April 9, 2019


Hearing; Case 2019-0 I : Request for a variance from Section 2311 of the zoning ordinance to
allow an 8-foot fence to be constructed on a residential property at 2027 Bourdon St, by Jill
Montgomery-Keast.

BACKGROUND
  I. The property is zone R-1, Low Density Single Family Residential. Fences in side and rear
     yards may only be a maximum of six feet tall.
 2. The applicant is seeking approval of an eight feet fence in the rear yard because of nuisance
    issues with the neighbor. Please see the variance questionnaire attached.
 3. There is currently a six-foot tall fence in this location.
 4. The variance request is for an eight-foot tall fence in the back yard on the southern edge of
    the prope1iy.
Aerial Map




  Zoning Map


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VARIAN CE REVIEW STAND ARDS
Questions to consider when reviewing a variance request:
     a. Are 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. 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
        prope1ties?
     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:
The following motion is offered for consideration:

I move that the variance request to allow an 8-foot fence to be constructed in the rear yard on the
southern edge of the property at 2027 Bourdon St be (approved/denied) based on the review
standards in Section 2502 of the Zoning Ordinance.
       Req'uest 2027 Bourdon - Response to Facts and Conditions


       1. 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. Neighbor residing directly south of 2027 Bourdon (2035) has driveway butting up to next to house. 2027 has
          a pool in the back yard that needs to be properly enclosed and accesses limited as much as possible.

       2. Such a dimensional variance Is necessary for the preservation ad enjoyment of a substantial property right
          possessed by other properties In the same zoning district and In the vicinity. Owner at 2035 works on trucks and
          cars, Including stock cars In driveway and garage evenings and weekends. Fumes and extreme noise from activity
          reduce owner of 2027's abllity to enjoy backyard recreation area. Owner of 2027 is also subjected to viewing the
          automobile work area at 2035 through kitchen and bathroom windows.

       3. Proposed use would not alter the essential character of the area and wlll not materially Impair the purposes of
          this ordinance or the public interest. New fence will be built In character with remaining fence and include
          decorative top.

      4. The alleged hardship Is caused by this ordinance and has not been created by any 1>erson presently having and
         Interest In the property, or by any previous owner, The current fence is built according to ordinance - 6 foot tall
         and extends the full length of the property and Joins to additional sections of fence, which surround an lnground
         pool.

- - 5. The alleged hardship ls not founded solely upon the opportunity to make lhe property more profitable or to
       reduce expense to the owner. The proposed fence will be an enhanced improvement over the current fence.
       Because of the need for sound reduction, the fence boards will be constructed In an overlapping manner, costing
       substantially more than what is actually required.

      6. The requested variance Is the minimum action required to ellmlnate the hardship, This action will not totally
         eliminate the noise generated from the neighboring driveway and garage, but It will deaden some of the sound. It
         will also block the view of the garage and multiple cars.

     7. The use variance does not permit a use speclflcally Identified by this ordinance as excluded from the particular
        zone In which reciuested. Fences are permitted In Rl and required for pool enclosure.

     8. The extent to which the ordinance protect users or neighbors from threats to health, safety and welfare shall be
        considered. The current fence Is built with horizontal boards on the outside of the fenced area. The new fence wlll
        be designed to have horizontal boards on the inside of the property (if there are any), reducing the ability to access
        the pool area.

     9. In no case shall a use that Is a nuisance per se, or a use which In that particular location constitutes a nuisance, be
        granted as a use variance, In all actuality, nearly½ of the 72' of the current fence on south side Is next to the
        neighbor's garage, which Is already at least 15' tall. The new fence will be erected In the same configuration and In
        the same place as the current fence. The remaining 2 sides of the fence will be In accordance with the ordinance
        rules of 6' In height.
                                                                                1


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Hearing; Case 2019-02: Request for a variance to reduce the minimum side setback to less than
6 feet at 1924 Dowd St, by Daniel Cardosa.

BACKGROUND
 1. The property is zone R-2, Medium Density Single Family Residential. A fire at the
    property destroyed the attached garage, which sat only two feet away from the side
    property line on the south side of the lot.
 2. The ordinance requires attached garages to meet the setback requirements of the home,
    which is six feet for side yards.
 3. The applicant is seeking a variance to rebuild the garage in the same place.
 4. The variance request is to allow a two-foot side setback on the southern side of the
    property.
 5. Please see the enclosed zoning questionnaire.
                                    Aerial Map




                                    Zoning Map




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VARIAN CE REVIEW STANDARDS
Questions to consider when reviewing a variance request:
    a. Are 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. 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 prope,ty, or by any previous owner?
    e. Is the alleged difficulty founded solely upon the oppo1tunity to make the prope1ty more
       profitable or to reduce expense to the owner?
    f.   Is the requested variance the minimum action required to eliminate the difficulty?


DETERMINATION:
The following motion is offered for consideration:

I move that the variance request to reduce the minimum side setback to two-feet (garage portion
only) be (approved/denied) based on the review standards in Section 2502 of the Zoning
Ordinance.
                            City o( Muskegon Planning & Zoning Application
                                                          Page 2 - Va1twces
 Please provide ctn c1nswe1· to the following questions:
 ·1 . Why ctt·c there "excepf/017<1/ ot ext1-;Jotc/1iJ<1Jy cfi-cams(<11Jces ,1pp/yit7g to the pwpedy liJ c;aesfiotJ at to
     the 1i7fe1Jc/ed use ofthe ptopedy t/7qt Jo l)ot <1pply ge1JeJ-;J//y to othetpwperlies ot chss ofuses JiJ the
     s4me zo1Jillg c/isttid' I (i.e., Why Is your pt"Dperty unl<1ue compared to others In the neighborhood I)
         y\   \2_5<:,    \)'~""-\   r~ ~-Oc_O            ·\: \_,.__,       %~re---.~~                   fu       00:t=         ~
                        0-1/"Y            ( ~-         \I'\ l l"]            Cf\ l                 V\--V                            I    +

 2. Why is ct v;i t·iance "necess,11y fo,- the ptesetv.1tio17 ,me/ enjoyment of,1 sahst,1nt1°<1Iptopedy tight
    possessed by othetptoperties JiJ the s<1me zo171i1g c/istnd        :¼½- ~   '-1-J (r,,c:.,_{- A                                   oJIYI        ~pos (~
3. How will the c1uthmizing of cl vc1l"ic1nce "not he ofsuhst,71)(1";/I c/et11ine1Jt to ,1djc1cent ptopedy ,1nc/ not
   m,1ten";/lly 1inp<11i· the pll!poses ofthe City's zol)ing orc/liJ-:)t\t   ~ r;; t-'--:-\ \J l(d




4. Explc1in why the alleged clifFiculty is'' c<1used by the Otc/1i1<1nce ,I/Jc/ h<1s not beetJ ete;Jtec/Py <1ny petson
                                                                                     1
   ptesently h<1v1i7g <1n tiJtetest tiJ the ptoperty, ot hy <1ny ptevious ow1Jd : (i.e., Who/whc1t Is the cc1use
    ofthe diFFrcultyl)
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5. The c1llegec\ difficulty is "1Jof fou1Jc/ed sole~v upo1J the oppotftmify to tn

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