View the PDF version Google Docs PDF Viewer
CITY OF MUSKEGON
ZONING BOARD OF APPEALS
REGULAR MEETING
DATE OF MEETING: May 9, 2006
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 14, 2005
III. PUBLIC HEARINGS
A. Hearing Case 2006-004: Request for a variance from Section 2311: Accessory
Structures & Buildings, to erect an accessory structure (garage) in the front yard at
3384 Milliard, on the property formerly known as 3383 Lakeshore Dr., by Patrick &
Joann Corbin.
B. Hearing Case 2006-005: Request for a variance from Section 2311: Accessory
Structures & Buildings, to allow an accessory structure (garage) to be built that
exceeds the maximum allowable height of one (1) story or fourteen (14) feet in height
at 3384 Milliard, on the property formerly known as 3383 Lakeshore Dr., by Patrick
& Joann Corbin.
.
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:
Gail A. Kundinger, City Clerk
933 Terrace Street
Muskegon, MI 49440
(231) 724-6705
O:\Planning\COMMON\Zoning\Zoning_Board_of_Appeals\ZBA2006\2006 Agendas\zba 5-09.doc
CITY OF MUSKEGON
ZONING BOARD OF APPEALS
STAFF REVIEW
May 9, 2006
Hearing, Case 2006-004: Request for a variance from Section 2311: Accessory
Structures & Buildings, to erect an accessory structure in a front yard at 3383
Lakeshore Dr. / 3384 Millard.
BACKGROUND:
Applicant: Patrick & Joann Corbin
Property Owner: Same
Property Address(location): 3383 Lakeshore Dr. / 3384 Millard.
Zoning: R-1, Single Family Residential
Current Land Use: Vacant Lot / Single Family Residence
Request: Variance request is for construction of an accessory structure (garage) in the front
yard area of the property.
STAFF OBSERVATIONS
1) The subject property is an irregular shaped lot between Millard and Lakeshore Drive.
2) Zoning of the adjacent properties in the area is R-1, Single Family Residential.
3) The parcel is located at the base of a sand dune.
4) The parcel known as 3383 Lakeshore Drive is being combined with the parcel known as
3384 Millard. Confirmation of the lot combination has been received from the assessing
department and the resultant property will be known as 3384 Millard.
5) The ordinance defines a front yard as:
"An open unoccupied space extending the full width of the lot, the depth of which is the
horizontal distance between the front lot line and the nearest point of the building. In the
case of lots abutting lakes, rivers, and canals, the front yard shall be that side of the lot
or parcel on the street side."
6) The front lot line is defined as:
"Lot Line, Front: The line(s) separating the lot from any street right-of-way, private
road or other access easement. Such line shall be continuous at least a sufficient length
to conform with the minimum lot width requirement of the district."
The front yard is thus defined as being any area between the building and the front lot
City of Muskegon Zoning Board of Appeals – 5/9/06
1
line. The term building as applied here is the principal structure currently on the property.
7) The Zoning Administrator has determined that the area that would be used for the
accessory structure, is in fact a front yard area as defined in the ordinance. Accessory
structures are not allowed in these areas.
8) Access to the proposed garage would be achieved using an existing alley.
9) The proposed garage would have the following setbacks: Front setback is 30 foot, side
setbacks are 5 feet and 15 feet. The setback between the home and garage would be in
excess of 53 feet. It is not known if the provided setback dimensions are at the walls or
drip edges of the roof. The required setbacks for accessory structures are 3 feet to the drip
edge of the roof on the sides and at least 6 foot to the principal structure. The required
front setback is 15 feet.
10) The project has been reviewed by the Department of Environmental Quality and a permit
with conditions has been issued.
11) Staff has received a voice mail from Chris Jensen of 3361 Lakeshore Dr. and she is not
opposed to the request.
City of Muskegon Zoning Board of Appeals – 5/9/06
2
Application Page 2:
City of Muskegon Zoning Board of Appeals – 5/9/06
3
Notice Map.
City of Muskegon Zoning Board of Appeals – 5/9/06
4
Parcel Map
City of Muskegon Zoning Board of Appeals – 5/9/06
5
City of Muskegon Zoning Board of Appeals – 5/9/06
6
City of Muskegon Zoning Board of Appeals – 5/9/06
7
Approval of lot combination.
City of Muskegon Zoning Board of Appeals – 5/9/06
8
Photos of Millard property.
City of Muskegon Zoning Board of Appeals – 5/9/06
9
Portion of lot facing Lakeshore Drive:
View from Lakeshore Dr:
City of Muskegon Zoning Board of Appeals – 5/9/06
10
View of Alley access to former Lakeshore Dr. property:
City of Muskegon Zoning Board of Appeals – 5/9/06
11
ORDINANCE EXCERPTS: {Emphasis added}
Definitions:
Lot: Land described in a recorded plat or condominium unit in or condominium project,
occupied or to be occupied by a building, structure, land use or group of buildings having
sufficient size to comply with the frontage, area, width-to-depth ratio, setbacks, yards,
coverage and buildable area requirements of this Ordinance, and having its principal frontage
upon a public street or on a private road approved by the City (see Figure 2-6).
Lot Area, Gross: The area contained within the lot lines or property boundary
including street right-of-way, floodplains, wetlands, and waterbodies (see Figure 2-6).
Lot Area, Net: The total area of a horizontal plane within the lot lines of a lot,
exclusive of street right-of-way, floodplains, wetlands, waterbodies, any public street
right-of-way or access easement abutting any side of the lot (see Figure 2-6).
Lot, Corner: A lot which has at least two contiguous sides abutting upon a public
street for their full length (see Figure 2-9).
Lot, Depth of: The average distance from the front lot line (i.e., road frontage) of the
lot to its opposite rear lot line measured in the general direction of the side lines of the
lot (see Figure 2-5).
Lot, Flag: A lot whose access to the public street is by a narrow, private right-of-way
that is either a part of the lot or an easement across another property and does not
meet the frontage requirements of the district in which it is located (see Figure 2-7).
Lot Frontage: The unbroken length of the front lot line which is contiguous to a
public street or private road.
Lot, Interior: A lot other than a corner lot which, with the exception of a "through
lot", has only one lot line fronting on a street (see Figure 2-7).
Lot Lines: The lines bounding a lot or parcel (see Figure 2-7). [amended 10/02]
Lot Line, Front: The line(s) separating the lot from any street right-of-
way, private road or other access easement. Such line shall be continuous
at least a sufficient length to conform with the minimum lot width requirement
of the district.
Front Lot Line, Principal: For a corner lot, the front lot line adjacent
to the street which the front door of the home faces (or is proposed to
face).
Front Lot Line, Secondary: For a corner lot, the front lot line which is
not considered to be the principal front lot line.
City of Muskegon Zoning Board of Appeals – 5/9/06
12
Lot Line, Rear: The lot line opposite and most distant from the front lot line.
In the case of a triangular or otherwise irregularly shaped lot or parcel, an
imaginary line at least ten (10) feet in length entirely within the lot or parcel,
parallel to and at a maximum distance from the front lot line. In the case of a
corner lot, the lot line opposite the principal front lot line.
Lot Line, Side: Any lot line other than a front or rear lot line.
Lot of Record: A parcel of land, the dimensions of which are shown on a document or map
on file with the County Register of Deeds or in common use by city officials, and which has
not been combined in use with another parcel or lot, which lawfully existed prior to the
enactment of this or a zoning ordinance previously in effect .
Lot, Through: An interior lot having frontage on two (2) more or less parallel streets (see
Figure 2-4).
Lot Width: The horizontal distance between the side lot lines, measured at the two points
where the building line, or setback line, intersects the side lot lines.
Definition of yards:
Yards: The open spaces on the same lot with a main building, unoccupied and unobscured
from the ground upward except as otherwise provided in this Ordinance, and as defined
herein. [amended 10/02]
Front Yard: An open unoccupied space extending the full width of the lot, the
depth of which is the horizontal distance between the front lot line and the
nearest point of the building. In the case of lots abutting lakes, rivers, and
canals, the front yard shall be that side of the lot or parcel on the street side.
Rear Yard: A space extending the full width of the lot the depth of which is the
horizontal distance between the rear lot line and the nearest point of the main
building.
Side Yard: An open space between a main building and the side lot line, extending
from the front yard to the rear yard, the width of which is the distance from the
nearest point of the main building.
SECTION 2311: ACCESSORY STRUCTURES & BUILDINGS [amended 4/04]
Accessory buildings shall require a development permit or when required by building codes,
a building permit, except as otherwise permitted in this Ordinance, and shall be subject to the
following regulations:
1. Attached: Where the accessory building is structurally attached to a main building, it
shall be subject to, and must conform with, all regulations of this Ordinance
applicable to the main building.
City of Muskegon Zoning Board of Appeals – 5/9/06
13
2. Front Yard, prohibition: Buildings or structures accessory to the principal,
shall not be permitted in any front yard. Parking lots are prohibited in any
residential front yard. Security stations within an “I” District may be erected in
any yard. [amended 10/02]
2. Height restrictions: Buildings accessory to residential buildings shall not be more
than one (1) story or fourteen (14) feet in height.
3. Detached: Detached accessory buildings shall:
a. Be at least six (6) feet from any principal building
b. Be at least three (3) feet from any side or rear lot line.
c. Not be located within a dedicated easement or right-of-way.
d. Any accessory structure placed in a residential property or zone in the city
shall be of residential construction properly painted or sided. Pole style
storage buildings and sheet metal accessory structures are prohibited in all
residential zones or developments. [amended 8/01]
5. Replacement: Existing accessory structures may be replaced on the existing footprint
provided they are wholly contained within the property and meet the required front
yard setback.
6. Satellite Dishes: Satellite dishes over twenty four inches (24”) in diameter shall be
considered accessory structures. The setback placement of satellite dishes shall be
measured from the outermost edge of the dish.
7. Number: No more than one (1) accessory building shall be located on any parcel
within an "R" or "RT" district, except that two (2) may be permitted when one is a
garage or other shelter for automobiles belonging to the residence.
8. Not Permitted Prior to a Principal Structure: Accessory buildings and structures shall
not be erected on a lot or parcel in a residentially zoned district prior to the
establishment of a principal structure. Where two or more abutting lots are held under
one ownership or control in a residentially zoned district, the owner may erect an
accessory building on a lot separate from that one which the principal building is
located, provided both lots are combined and used as one with a single tax
description.
9. Solid Fuel Heating Appliances: Due to the nuisance smoke and concerns regarding
the public safety and welfare of residents living in relatively close proximity to one
another, outdoor solid fuel heating appliances are prohibited in all zoning districts in
the City of Muskegon. [amended 1/06]
City of Muskegon Zoning Board of Appeals – 5/9/06
14
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 construction of a 30 x 40 foot accessory structure (garage)
in the front yard between the principal structure and Lakeshore Drive at 3384 Millard Ave.,
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. The variance is recorded with the deed to keep record of it in the future.
2. That the additions to the property must be complete within one year (Sec. 2504) or the
variance is void.
3. The accessory structure is constructed on the property as indicated on the included site
plan and drawings.
4. The setbacks comply with the ordinance requirements.
5. No portion of the structure may be used as habitable space.
City of Muskegon Zoning Board of Appeals – 5/9/06
15
Hearing, Case 2006-005: Request for a variance from Section 2311: Accessory
Structures & Buildings, to erect an accessory structure (garage) that exceeds the
maximum allowable height at 3384 Millard / 3383 Lakeshore Dr.
BACKGROUND:
Applicant: Patrick & Joann Corbin
Property Owner: Same
Property Address(location):3384 Milliard / 3383 Lakeshore Dr.
Zoning: R-1, Single Family Residential.
Current Land Use: Vacant Lot / Single Family Home.
Request: A Variance request to allow an accessory structure (garage) to be built that exceeds
the maximum height of one (1) story or 14 feet in height to the mid-point of the roof. The
proposed structure would be 1 1/2 stories and 23.5 feet in height to the midpoint of the roof.
STAFF OBSERVATIONS
1) The subject property is an irregular shaped lot between Millard and Lakeshore Drive.
2) Zoning of the adjacent properties in the area is R-1, Single Family Residential.
3) The parcel is located at the base of a sand dune.
4) The parcel known as 3383 Lakeshore Drive is being combined with the parcel known as
3384 Millard. Confirmation of the lot combination has been received from the assessing
department and the resultant property will be known as 3384 Millard.
5) Access to the proposed garage would be achieved using an existing alley and the drive
from the property line to the structure must be paved.
6) The maximum allowable height for an accessory structure is one (1) story or fourteen
(14) feet in height. The proposed garage would exceed one story in height and be 23.5
feet tall to the point midway between the ridge and the drip edge of the roof. The
applicants indicate a height of 18 feet for the structure on page two of the application.
This height appears to be arrived at using the lower of the two rooflines, we would not
use this roof line to determine the maximum height but would use the higher of the two.
City of Muskegon Zoning Board of Appeals – 5/9/06
16
7) Applicants indicate on page two of the application that there is a requirement for a 5/12
roof pitch, staff is not aware of such a requirement either in the zoning ordinance or in the
building codes for a detached accessory structure.
8) The garage would be 30 by 40 feet in size with a loft.
9) Staff has received a voice mail from Chris Jensen of 3361 Lakeshore Dr. and she is not
opposed to the request.
City of Muskegon Zoning Board of Appeals – 5/9/06
17
Application Page 2:
City of Muskegon Zoning Board of Appeals – 5/9/06
18
Notice Map:
City of Muskegon Zoning Board of Appeals – 5/9/06
19
Photos of property:
City of Muskegon Zoning Board of Appeals – 5/9/06
20
City of Muskegon Zoning Board of Appeals – 5/9/06
21
ORDINANCE EXCERPTS: [Emphasis added]
Definitions
SECTION 2311: ACCESSORY STRUCTURES & BUILDINGS [amended 4/04]
Accessory buildings shall require a development permit or when required by building codes,
a building permit, except as otherwise permitted in this Ordinance, and shall be subject to the
following regulations:
4. Attached: Where the accessory building is structurally attached to a main building, it
shall be subject to, and must conform with, all regulations of this Ordinance
applicable to the main building.
3. Front Yard, prohibition: Buildings or structures accessory to the principal, shall not
be permitted in any front yard. Parking lots are prohibited in any residential front
yard. Security stations within an “I” District may be erected in any yard. [amended
10/02]
5. Height restrictions: Buildings accessory to residential buildings shall not be
more than one (1) story or fourteen (14) feet in height.
6. Detached: Detached accessory buildings shall:
d. Be at least six (6) feet from any principal building
e. Be at least three (3) feet from any side or rear lot line.
f. Not be located within a dedicated easement or right-of-way.
e. Any accessory structure placed in a residential property or zone in the city
shall be of residential construction properly painted or sided. Pole style
storage buildings and sheet metal accessory structures are prohibited in all
residential zones or developments. [amended 8/01]
10. Replacement: Existing accessory structures may be replaced on the existing footprint
provided they are wholly contained within the property and meet the required front
yard setback.
11. Satellite Dishes: Satellite dishes over twenty four inches (24”) in diameter shall be
considered accessory structures. The setback placement of satellite dishes shall be
measured from the outermost edge of the dish.
12. Number: No more than one (1) accessory building shall be located on any parcel
within an "R" or "RT" district, except that two (2) may be permitted when one is a
garage or other shelter for automobiles belonging to the residence.
City of Muskegon Zoning Board of Appeals – 5/9/06
22
13. Not Permitted Prior to a Principal Structure: Accessory buildings and structures shall
not be erected on a lot or parcel in a residentially zoned district prior to the
establishment of a principal structure. Where two or more abutting lots are held under
one ownership or control in a residentially zoned district, the owner may erect an
accessory building on a lot separate from that one which the principal building is
located, provided both lots are combined and used as one with a single tax
description.
14. Solid Fuel Heating Appliances: Due to the nuisance smoke and concerns regarding
the public safety and welfare of residents living in relatively close proximity to one
another, outdoor solid fuel heating appliances are prohibited in all zoning districts in
the City of Muskegon. [amended 1/06]
Height: 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). The measurement of
height of an accessory building or structure shall be determined as the vertical distance
from the average finished grade to the midpoint of the roof surface.
City of Muskegon Zoning Board of Appeals – 5/9/06
23
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 to allow an accessory structure that exceeds one story and 14 feet in height
at the midpoint of the roof at 3384 Milliard Ave., 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. The variance is recorded with the deed to keep record of it in the future.
2. That the additions to the property must be complete within one year (Sec. 2504) or the
variance is void.
3. The garage is built to the specifications as shown in the drawings submitted with this
request.
4. No portion of the structure may be used as habitable space.
City of Muskegon Zoning Board of Appeals – 5/9/06
24
Sign up for City of Muskegon Emails