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CITY OF MUSKEGON
ZONING BOARD OF APPEALS
REGULAR MEETING
DATE OF MEETING: October 9, 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 August 14, 2007
III. PUBLIC HEARINGS
A. Hearing Case 2007-006: Request for a variance from Section 2331: Landscaping,
Fencing, Walls, Screens and Lighting, to allow the relocation of the current front
fence, with barb wire, four feet north from its current location. Additionally,
construct sliding gates on the east and west side of the building with barbed wire on
top, at 930 W. Sherman, by Dr. Robert B. Boyd DVM of Northern Biomedical
Research Inc.
IV. OLD BUSINESS
IV. Adjourn
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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
October 10, 2007
Hearing Case 2007-006: Request for a variance from Section 2331: Landscaping, Fencing,
Walls, Screens and Lighting, to allow the relocation of the current front fence, with barb wire,
four feet north from its current location. Additionally, construct sliding gates on the east and
west side of the building with barbed wire on top.
BACKGROUND:
Applicant: Robert B. Boyd DVM of Northern Biomedical Research
Property Owner: Sherman Development LLC
Property Address(location): 930 W. Sherman Blvd.
Zoning: B-4, General Business
Current Land Use: Research Laboratory
Request: Request is to move fence to accommodate a new sidewalk and install a new gate on the
west side of the building with a new exit from property. Additionally, upgrade the gate on the
east side of the building to a rolling gate, all with barbed wire.
STAFF OBSERVATIONS
1. Zoning of parcels in the area are B-4, General Business except directly east where the
shopping center is zoned B-2 Convenience & Comparison Business. The property on the
south side of Sherman in the city of Norton Shores is currently an industrial use.
2. The City of Muskegon had approached the applicant for an easement to construct a sidewalk
along West Sherman. The sidewalk can be put in place without moving the fence but as part
of the discussions the applicant expressed concerns about sidewalk maintenance in the winter
months with the fence located literally at the new sidewalk edge and little terrace space along
the roadway. A fence located at the sidewalk edge, along such a busy thoroughfare, could
also be hazardous to bicycle operators and pedestrians, giving them little area to safely
maneuver in case of emergency.
3. NBR, Northern Biomedical Research, has been working with city staff on the reconfiguration
of the existing easterly gate and the creation of a new exit with gate to the west of their
building. This has become a problem for NBR since an intersection was created to serve the
Home Depot development just east of NBR’s only driveway. This new intersection has
resulted in greatly increased traffic congestion in the area of their drive which makes it very
difficult to exit the facility safely. While there had been blinking traffic lights here, they
have recently been removed. In an effort to decrease congestion at this point, NBR would
like to route traffic into the existing drive, circle the building and exit to Sherman out a new
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drive on the west of their building, adjacent to the Checkers entrance. This would require a
new gate on the west side and an upgrade to the gate on the east. NBR is requesting to put
barbed wire on the top of both of these gates.
4. The barbed wire on the fence is currently well maintained and in good condition but is
nonconforming. If NBR removed their barbed wire fence without a variance it could not be
put back in place.
5. It appears the proposal by NBR would actually result in less linear feet of barbed wire on the
fence than is currently in place; this is due to the fence being moved four (4) feet closer to the
building. Additionally, this could be viewed as moving towards conformity by reducing the
total amount of barbed wire hung on the site.
6. The applicant also mentions the expansion of Sherman Blvd. over the years from a two (2)
lane roadway, to what is now a five (5) lane roadway, in their application. This expansion
has continued to narrow the terrace area to its present configuration and does contribute to
the safety concerns for pedestrians and cyclists that may use the new walkway.
7. When staff made a site visit the traffic was not at its peak but it was difficult to see oncoming
traffic approaching from the west, with the fence in the current location. Before expansion of
the roadway a vehicle would have been able to pull out past the fence line to see west down
Sherman Blvd. If the fence is moved back the proposed four (4) feet, vision at the new exit
and existing entrance/exit would be vastly improved.
8. Staff has not received any comments on this case.
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Application Page 2:
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Property Photos
West End of Property
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East End of Property near Save a Lot.
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Home Depot / Save a Lot Intersection at entrance to NBR
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Clear Vision View of vehicle driver at existing driveway looking west. Note traffic hidden
by fencing. The front of the vehicle is at the future location of the sidewalk where a vehicle
is supposed to stop.
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View looking west from NBR driveway.
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Site Plan:
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Notice Map:
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Ordinance Excerpt (emphasis added):
Landscaping, Fencing, Walls, Screens and Lighting
SECTION 2331: LANDSCAPING, FENCING, WALLS, SCREENS AND LIGHTING .
12. Fencing, all Districts: The placement of a fence requires a development permit or site
plan approval. Fencing shall be properly maintained. Fencing materials used as
screening shall consist of the following:
a. Solid board fences of standard commercial construction. The finished side of the
wood shall face abutting properties.
b. Open mesh fencing with woven slats, provided that is of standard commercial
construction.
c. Masonry walls designed and constructed to facilitate maintenance and not modifying
natural drainage in such a way as to endanger adjacent property that is of standard
commercial construction.
13. Placement: A wall, fence or yard enclosure may be erected on the lot line.
14. Height limitations: [amended 10/02]
a. Side and rear yards: In residential districts a wall, fence or yard enclosure may be
up to six (6) feet in height behind any building line of a structure which abuts a
street (see Figure 2.9).
b. Front yards: In any residential front yard (in front of any building line of a
structure which abuts a street), the height of a fence shall not exceed three (3)
feet, unless an open fence is provided (e.g., chain link, picket) in which case it
may be a maximum height of four (4) feet when such fence does not reduce
visibility or interfere with clear vision at intersections, alleys and drives.
c. Commercial and industrial districts: A wall, fence or yard enclosure may be up to
eight (8) feet in height behind the front building line of a structure. In a front yard
(in front of any building line of a structure which abuts a street), the height shall
not exceed six (6) feet and shall not reduce visibility or interfere with clear vision
at intersections, alleys and drives.
15. Barbed wire: No person shall place, string or maintain barbed wire as part of any
fence, other work or structure in any zoning district unless approved by the
Planning Commission as part of an authorized special use. No barbed wire shall be
permitted in any historic district.
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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 barbed wire to be replaced on the new fence and gates, as shown on
the provided site plan excerpt, 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 overall amount of barbed wire is not increased from what is currently in place.
3. Variance applies only to the fence and gates being moved and reconfigured as part of this
project.
4. The variance is recorded with the deed to keep record of it in the future.
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