Zoning Board of Appeals Agenda 09-14-2021

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                                               CITY OF MUSKEGON
                                            ZONING BOARD OF APPEALS
                                               REGULAR MEETING


DATE OF MEETING:                           Tuesday, September 14, 2021
TIME OF MEETING:                           4:00 p.m.
PLACE OF MEETING:                          Commission Chambers, First Floor, Muskegon City Hall


                                                               AGENDA
I.        Roll Call

II.       Approval of Minutes of the Regular Meeting of August 19, 2021.

III.      Public Hearings

       A. Hearing; Case 2021-04: Request for a variance from Section 2334 of the zoning
          ordinance to allow for off-premise signage at 1812 Lakeshore Drive, by Christine
          Mattson.

       B. Hearing; Case 2021-05: Request for a variance from Section 2310 of the zoning
          ordinance to allow electrical lines to be buried on a steep slope at 3561 Woodlawn Court,
          by Bruce Meyer.

IV.       New Business

V.        Old Business

VI.       Other

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
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                                                   Ann Marie Cummings, City Clerk
                                                           933 Terrace Street
                                                         Muskegon, MI 49440
                                                            (231) 724-6705
                                  TTY/TDD: Dial 7-1-1 and request that a representative dial 231-724-6705
                                 CITY OF MUSKEGON
                              ZONING BOARD OF APPEALS
                                   STAFF REPORT

                                 Tuesday, September 14, 2021


Hearing; Case 2021-04: Request for a variance from Section 2334 of the zoning ordinance to
allow for off-premise signage at 1812 Lakeshore Drive, by Christine Mattson.

SUMMARY
 1. Section 2334.4 of the zoning ordinance prohibits off-premise signage. Businesses may not
    have signage on other properties, other than billboards.
 2. The applicant is seeking a variance to allow the names of other businesses in Lakeside to
    be able to be painted on the new mural on the building at 1812 Lakeshore Dr.
 3. This mural will be visible to tourists exiting the Cross Lake Ferry property.
 4. Please see the responses below to page two of the application.
 5. Notice was sent to properties within 300 feet of the property. At the time of this writing,
    staff had not received any comments.


                                 Proposed Signage on Mural
Zoning Map




Aerial Map
VARIANCE 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 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 that the request for a variance from Section 2334 of the zoning ordinance to allow for
off-premise signage at 1812 Lakeshore Drive be (approved/denied) based on the review
standards in Section 2502 of the Zoning Ordinance.
Hearing; Case 2021-05: Request for a variance from Section 2310 of the zoning ordinance to
allow electrical lines to be buried on a steep slope at 3561 Woodlawn Court, by Bruce Meyer.

SUMMARY
 1. This property is located in a critical dune and must follow the regulations in section 2310
    (critical dunes) of the zoning ordinance.
 2. The critical dune ordinance prohibits (unless a variance is granted) a use on a slope within
    a critical dune area that has a slope steeper than a 1-foot vertical rise in a 3-foot horizontal
    plane.
 3. The slope of the dune in this area is greater than a 1-foot vertical rise in a 3-foot horizontal
    plane.
 4. Please see the responses below to page two of the application.
 5. Notice was sent to properties within 300 feet of the property. At the time of this writing,
    staff had not received any comments.


                      Electrical Wires and Dune at 3561 Woodlawn Ct
Zoning Map




Aerial Map
DETERMINATION:

The following motion is offered for consideration:

I move that that the request for a variance from Section 2310 of the zoning ordinance to allow
electrical lines to be buried on a steep slope at 3561 Woodlawn Court be (approved/denied)
based on the review standards in Section 2502 of the Zoning Ordinance.

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