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CITY OF MUSKEGON
ZONING BOARD OF APPEALS
REGULAR MEETING
DATE OF MEETING: June 12, 2007
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 February 13, 2007
III. PUBLIC HEARINGS
A. Hearing Case 2007-002: Request for a variance from Section 2307:Permitted Yard
Encroachments, to allow installation of a new front landing and stairs that will
encroach into the required front setback further than the allowed five feet, at 2089
Addison, by Thomas Witmer.
IV. OLD BUSINESS
A. Case 2006-020: Determination of compliance for building lighting at 601 Terrace St.
IV. Adjourn
AMERICAN DISABILITY ACT POLICY FOR ACCESS TO OPEN MEETINGS 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 Becker, City Clerk
933 Terrace Street
Muskegon, MI 49440
(231) 724-6705
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CITY OF MUSKEGON
ZONING BOARD OF APPEALS
STAFF REVIEW
June 12, 2007
Hearing Case 2007-002: Request for a variance from Section 2307: Permitted Yard
Encroachments, to allow installation of a new front landing and stairs that will encroach into the
required front setback further than the allowed five feet.
BACKGROUND:
Applicant: Thomas Witmer, 2089 Addison.
Property Owner: Same
Property Address(location): 2089 Addison.
Zoning: R-1, Single Family
Current Land Use: Single family dwelling
Request: A variance request from Section 2307 to allow the homeowner to enlarge the front
stairway to the home.
STAFF OBSERVATIONS
1. Zoning of parcels to the north, south and west are R-1, Single Family Residential with the
property across Addison being McGraft Park, which is zoned OSR, Open Space Recreation.
2. This request is a result of a staff visit to the site where a contractor had partially removed the
homes stairs and was preparing to construct forms for the new stairs and landing, without a
permit in place. There had been a permit issued for similar work in October of 2004 when
the previously existing stairs were built but the stair treads, while up to building code, were
created only nine inches wide.
3. After my site visit the homeowner subsequently applied for a building permit which after
review of the site plan could not be approved due to the front setback requirements. A
second concept drawing was proposed and approved by staff that had the stairs coming off a
landing at a right angle to the ground level. This concept while usable was not aesthetically
compatible with the area homes and made ingress and egress from the home much more
difficult for use in an emergency situation where equipment may have to be brought in or
taken from the home.
4. The front of the home is only 129 inches or 10.75 feet from the sidewalk with the property
line in this area normally 1.5 feet inside the sidewalk. This places the front of the home a
likely 9.25 feet from the property line. A front porch, landing or set of stairs may encroach
into the required front setback up to a total of 5 feet. The proposed structure would protrude
from the front of the structure a total of 8 feet.
5. The current front set back required for this location would be 10 feet from the property line
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to the structures drip edge because the subdivision was developed prior to 1940. A field
inspection shows that most homes in this area are approximately 10 feet from the property
line.
6. As stated in the application on page 2 this home is located on a lot that has sloping terrain
running higher in elevation to the south and lower to the northerly portion of the lot, while
this elevation difference is not dramatic it is enough that the home was built higher above
grade than some others in the area. Because of the homes increased height the run of a
staircase would be greater to meet building codes.
7. Staff has not received any comments on this case.
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Application Page 2:
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(Application Page 2 continued)
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Site Plan:
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Photos:
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Neighboring Homes
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Notice Map:
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Ordinance Excerpt (emphasis added):
SECTION 2307: PERMITTED YARD ENCROACHMENTS
Encroachments may be made upon required yards under the following conditions: [amended
10/02]
1. Architectural elements: Existing buildings or structures shall be permitted to encroach
upon the minimum setback requirements of this Ordinance with architectural elements
that are necessary to the integrity of the structure of the building, or health or safety of the
occupants such as cornices, gutters, chimneys, pilasters, outside stairways, fire escapes,
and similar features. Such features may project into a required setback area no more than
five (5) feet.
2. Patios, porches and decks: Patios and uncovered decks no more than two feet above
grade may be built to the rear or side property line where an established fence line exists.
If no established fence line exists, patios and uncovered decks no more than two feet
above grade must be a minimum of three (3) feet from rear and side property lines. All
decks or porches more than two feet above grade, must comply with the setback
requirements of the principal structure. [amended 7/03]
3. Unenclosed structures, front yard: Unenclosed porches, steps or similar facilities may
project into a required front setback for a distance not to exceed five (5) feet. In the
case of a handicap wheelchair ramp, the Zoning Administrator may waive setback
requirements at his/her discretion, if no other options are available to provide a ramp,
provided that the applicant agrees to remove the ramp if it is no longer necessary on the
property. A performance letter or performance guarantee may be required. [amended
8/00]
4. Additions: Additions to homes on minor streets (not collectors), built in subdivisions
ninety percent (90%) developed with homes prior to 1940 may encroach upon existing
yards so long as:
a. A minimum 10 foot front setback is maintained
b. A minimum 15 foot rear setback is maintained
c. Lot coverage, with accessory structures does not exceed 50% [amended 8/00]
d. The addition does not further encroach upon existing side yards
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DETERMINATION:
The following motion is offered for consideration:
I move that the findings of fact determined by the Zoning Board of Appeals be adopted and that
the variance request to allow installation of a new front landing and stairs that will encroach into
the required front setback further than the allowed five feet, as shown on the included site plan,
be (approved/denied), based on the following review standards (found in Section 2502 of the
Zoning Ordinance) and subject to conditions:
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.
f. That the requested variance is the minimum action required to eliminate the difficulty.
CONDITIONS
1. That the additions to the property must be complete within one year (Sec. 2504) or the
variance is void.
2. The variance is recorded with the deed to keep record of it in the future.
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