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CITY OF MUSKEGON
ZONING BOARD OF APPEALS
REGULAR MEETING
DATE OF MEETING: July 10, 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 June 12, 2007
III. PUBLIC HEARINGS
A. Hearing Case 2007-003: Request for a variance from Section 404:Area and Bulk
Requirements (8) Rear Setback and Table I Heights, Areas, and Yards, to allow
installation of a new rear deck with roof that will encroach into the required rear
setback, at 1753 Edgewater, by Richard P. Stutzman.
IV. OLD BUSINESS
IV. Adjourn
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CITY OF MUSKEGON
ZONING BOARD OF APPEALS
STAFF REVIEW
July 10, 2007
Hearing Case 2007-003: Request for a variance from Section 404:Area and Bulk Requirements
(8) Rear Setback and Table I Heights, Areas, and Yards, to allow installation of a new rear deck
with roof that will encroach into the required rear setback, at 1753 Edgewater, by Richard P.
Stutzman
BACKGROUND:
Applicant: Richard P. Stutzman, 1753 Edgewater
Property Owner: Same
Property Address(location): 1753 Edgewater.
Zoning: R-1, Single Family
Current Land Use: Single family dwelling
Request: Request to reduce the rear setback to seven feet to allow construction of a covered deck
on the rear of the home.
STAFF OBSERVATIONS
1. Zoning of parcels in the area are R-1, Single Family Residential.
2. This request is a result of a staff visit to the site where an electrical inspector found the deck
and roof supporting structure already built but without a permit. The original deck had been
removed already.
3. After my site visit the homeowner applied for a variance as requested.
4. According to assessor’s records the original deck was 8 feet by 19 feet. The new deck is 10
feet by 24 feet and partially covered.
5. The rear property line does not run parallel to the deck so the north corner of the deck is
closer to the property line than the south corner. The south corner appears to be 8 feet from
the property line with the north corner being 5 feet.
6. The roof is not covering the entire deck and will stop 7 feet from the property line as shown
on applicant’s site plan (dimension b).
7. This home does not appear to be in critical dune according to our maps.
8. As shown on the site plan this home is located on an irregular parcel with 50 feet of frontage,
99.48 of depth on the north side and 118.06 of depth along the south property line and a rear
lot line of 99.93 feet.
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9. Due to the deck having a roof over it, the deck is considered an addition to the home. If this
deck were to be built without a roof, it could go up to the property line since it is less than 2
feet above grade and there is an established fence line along the rear property line.
10. Staff has not received any comments on this case.
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Application Page 2:
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Assessor’s Property Record
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Site Plan:
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Deck Photo Looking North
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Northwest Deck Corner
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Deck Photo Looking South:
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Notice Map:
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Ordinance Excerpt (emphasis added):
SECTION 404: AREA AND BULK REQUIREMENTS [amended 4/00]
1. Minimum lot size: 6,000 sq. feet
2. Density (see definition in Article II): 7 dwelling units per buildable acre.
3. Maximum lot coverage:
Buildings: 50%
Pavement: 10%
4. Lot width: 50 feet (shall be measured at road frontage unless a cul-de-sac, then
measured from setback).
5. Width to depth ratios: The depth of any lot(s) or parcel(s) shall not be more than
three (3) times longer its width.
6. Height limit: 2 stories or 35 feet.
Height measurement: In the case of a principal building, the vertical distance measured
from the average finished grade to the highest point of the roof surface where the
building line abuts the front yard, except as follows: to the deck line of mansard roofs,
and the average height between eaves and the ridge of gable, hip, and gambrel roofs (see
Figure 2-2). If the ground is not entirely level, the grade shall be determined by
averaging the elevation of the ground for each face of the building (see Figure 2-3).
7. Front Setbacks: [amended 1/05]
Minimum:
Expressway or Arterial Street: 30 feet
Collector or Major Street: 25 feet
Minor Street: 15 feet
Note: For minimum front setbacks new principal structures on minor streets may align
with existing principal structures in the immediate area even if the front setback is below
the minimum required.
8. Rear setback: 30 feet
9. Setback from the ordinary high water mark or wetland: 30 feet (principal structures
only).
10. Side setbacks:
1-story: 6 feet and 10 feet
2-story: 8 feet and 12 feet
Note, setback measurement: All required setbacks shall be measured from the right-of-
way line to the nearest point of the determined drip line of buildings. [amended 10/02]
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11. Zero lot line option: New principal buildings may be erected on the rear lot line
and/or one side lot line provided: [amended 10/02]
a. The building has an approved fire rating for zero-lot line development under the
building code.
b. The building has adequate fire access preserved pursuant to fire code
requirements.
c. The zero lot line side is not adjacent to a street.
d. A maintenance access easement is granted by the adjacent property owner and
recorded with the County Register of Deeds and provided to the zoning
administrator with the site plan or plot plan.
e. It is not adjacent to wetlands, or waterfront.
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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 reduce the rear setback to 7 feet to allow construction of a 10 foot by 24
foot partially covered rear deck, as shown on the included photos and 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. Covered deck will not be enclosed.
3. The variance is recorded with the deed to keep record of it in the future.
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