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CITY OF MUSKEGON
ZONING BOARD OF APPEALS
REGULAR MEETING
DATE OF MEETING: Tuesday, February 28, 2023
TIME OF MEETING: 4:00 p.m.
PLACE OF MEETING: Commission Chambers, First Floor, Muskegon City Hall
AGENDA
I. Roll Call
II. Elections
III. Approval of Minutes of the Regular Meeting of October 11, 2022.
IV. Public Hearings
A. Hearing; Case 2023-01: Request for a variance from Section 2334 of the zoning
ordinance to allow two monument signs on one parcel at 1747 7th St, by the Muskegon
Rescue Mission.
B. Hearing; Case 2023-02: Staff initiated request for a variance from the form-based code
section of the zoning ordinance to allow a house to be built with less than a 15-foot rear
setback and elimination of certain design criteria at 2043, 2051, 2065, 2075 and 2085
Dowd St.
V. New Business
VI. Old Business
VII. Other
VIII. Adjourn
AMERICAN DISABILITY ACT POLICY FOR ACCESS TO OPEN MEETINGS
OF THE CITY OF MUSKEGON AND ANY OF ITS COMMITTEES OR SUBCOMMITTEES
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which a citizen would like to watch and give comment, they must contact the City Clerk’s Office with at least a two-business day notice. The participant will then receive a zoom link which will
allow them to watch live and give comment. Contact information is below. For more details, please visit: www.shorelinecity.com
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 with twenty-four (24) hours’ notice to the City of Muskegon. Individuals with disabilities requiring auxiliary aids or services
should contact the City of Muskegon by writing or by calling the following:
Ann Marie Meisch, MMC
City Clerk
933 Terrace Street
Muskegon, MI 49440
231-724-6705
[email protected]
CITY OF MUSKEGON
ZONING BOARD OF APPEALS
STAFF REPORT
Tuesday, February 28, 2023
Hearing; Case 2023-01: Request for a variance from Section 2334 of the zoning ordinance to
allow two monument signs on one parcel at 1747 7th St, by the Muskegon Rescue Mission.
SUMMARY
1. The property is zoned B-4, General Business.
2. The new building will have two suites with two separate tenants. One suite will be accessed
off of Park St and one will be access off of 7th St.
3. The ordinance only allows for one sign at this property. Please see the ordinance excerpt on
the following pages.
4. Please see the answers to the variance request application questions on the following pages.
5. All properties within 300 feet of the applicant were notified, at time of this writing staff had
not received any comments from the public.
1747 7th St (under construction)
Zoning Map
Aerial Map
Ordinance Excerpt:
Section 2334:7c
Number: One monument, or pole sign is permitted per property, regardless of the number of
businesses there, except that one additional freestanding sign may be erected per road frontage when
the development has parallel frontage on at least one major street or corner frontages on at least one
major street, totaling over 500 linear feet. Properties with frontage on Muskegon Lake are permitted
an additional monument or pole sign on the water frontage only.
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 the request for a variance from Section 2334 of the zoning ordinance to allow two
monument signs on one parcel at 1747 7th St be (approved/denied) based on the review standards
in Section 2502 of the Zoning Ordinance.
Hearing; Case 2023-02: Staff initiated request for a variance from the form-based code section of
the zoning ordinance to allow a house to be built with less than a 15-foot rear setback and
elimination of certain design criteria at 2043, 2051, 2065, 2075 and 2085 Dowd St.
SUMMARY
1. The lots are zone Form Based Code, Urban Residential.
2. The lots are irregularly shaped and not nearly as deep as standard lots in Muskegon. They
are only 75’ deep.
3. The maps depict four lots, but they have recently been spilt into five. However, they will
be reconfigured again into three lots to allow for three separate four-plexes.
4. The rear setback minimum is 15-feet.
5. Since the lots are only 75’ deep, it doesn’t leave much room for building placement. The
only way to meet the required 15-foot rear setback would be to place the building about
12 feet from the front property line. However, that would create a situation where cars
parked in the driveway would hang over the right-of-way and potentially a sidewalk
someday.
6. The alley easement in the back is not paved. Since the garages have to be located in the
front, it will not be possible to meet the design criteria in the code.
7. Campbell Field park is located in the back of these properties.
8. All properties within 300 feet of the applicant were notified, at time of this writing staff
had not received any comments from the public.
Proposed Site Plans
Zoning Map
Aerial Map
REVIEW STANDARDS
Questions to consider when reviewing a variance request:
g. 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?
h. 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?
i. Will the authorizing of such dimensional variance be of substantial detriment to adjacent
properties?
j. 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?
k. Is the alleged difficulty founded solely upon the opportunity to make the property more
profitable or to reduce expense to the owner?
l. Is the requested variance the minimum action required to eliminate the difficulty?
DETERMINATION:
The following motion is offered for consideration:
I move that the request for a variance from the form-based code section of the zoning ordinance
to allow a house to be built with only an eight-foot rear setback and elimination of the design
criteria at 2043, 2051, 2065, 2075 and 2085 Dowd St be (approved/denied) based on the review
standards in Section 2502 of the Zoning Ordinance.