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CITY OF MUSKEGON ZONING BOARD OF APPEALS REGULAR MEETING DATE OF MEETING: Tuesday, June 14, 2022 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 January 11, 2022. III. Public Hearings A. Hearing; Case 2022-03: Request for a variance from Section 2319 of the zoning ordinance to allow 21 apartment units under the size requirement of 650 sf each at 1428 Terrace St IV. New Business V. Old Business VI. Other VII. Adjourn AMERICAN DISABILITY ACT POLICY FOR ACCESS TO OPEN MEETING OF THE 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, 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, June 14, 2022 Hearing; Case 2022-03: Request for a variance from Section 2319 of the zoning ordinance to allow 21 apartment units under the size requirement of 650 sf each at 1428 Terrace St. SUMMARY 1. The property is zoned B-2, Convenience & Comparison Business. 2. The lot measures 22,500 sqft and the building measures 7,884 sqft. 3. Residential units are allowed in this zoning district but they must meet the standards of the RM-2 districts. 4. RM-2 districts require buildings to be setback at least 30 feet from the rear property line. The building on this site only has a rear setback of about five feet. Also, multi-family buildings are required to have at least 650 sqft of living space per unit. The applicant is requesting to allow 21 apartments ranging in size from 81-300 sf. 5. The Inspections Department enforced on the property owner earlier this year for operating the rental units without permits or zoning approval. Please see the enclosed letter from the applicant. 6. Please see the enclosed responses to page two of the application. 7. Notice was sent to properties within 300 feet of the property. At the time of this writing, staff had not received any comments from the public. 1428 Terrace St Zoning Map Aerial Map 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 2319 of the zoning ordinance to allow 21 apartment units under the size requirement of 650 sf each at 1428 Terrace St be (approved/denied) based on the review standards in Section 2502 of the Zoning Ordinance.