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CITY OF MUSKEGON
ZONING BOARD OF APPEALS
REGULAR MEETING
DATE OF MEETING: June 9, 2009
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 October 14, 2008
III. Election of Chairman and Vice Chairman
IV. PUBLIC HEARINGS
A. Hearing Case 2009-001: Request for a variance from Section 2311: Accessory
Structures & Buildings, to allow the construction of an accessory structure (garage),
to be located in the front yard, at 3293 Lakeshore Dr., by John Szmadzinski.
IV. OLD BUSINESS
V. Adjourn
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aids or services should contact the City of Muskegon by writing or calling the following:
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(231) 724-6705
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CITY OF MUSKEGON
ZONING BOARD OF APPEALS
STAFF REVIEW
June 9, 2009
Hearing Case 2009-001: Request for a variance from Section 2311: Accessory Structures &
Buildings, to allow the construction of an accessory structure (garage), to be located in the front
yard, at 3293 Lakeshore Dr.
BACKGROUND:
Applicant: John Szmadzinski, 3293 Lakeshore Dr.
Property Owner: Same
Property Address(location): 3293 Lakeshore Dr.
Zoning: R-1, Single Family
Current Land Use: Single family dwelling
Request: A variance request to allow the construction of an accessory structure (garage), to be
located in the front yard.
.
STAFF OBSERVATIONS
1. Zoning of all parcels in the area is R-1, Single Family Residential.
2. The principal structure on the property is located to the rear of the property and high on top
of a steep hill. This makes the area between the home and Lakeshore Dr. a front yard.
3. The size of the proposed garage is 20’ x 16’.
4. The property currently has a parking area at the base of that hill which is nonconforming and
adjacent to Gruber Ct. Gruber Court is an undeveloped road right of way running off from
Lakeshore Dr.
5. According to the enclosed site plans, the structure would meet the required side setback but
due to the slope of the hill, it would need to be located 6 inches from the front property line.
There are no required front setbacks for an accessory structure since they are not normally
allowed to be built in a front yard.
6. The applicant will pave the narrow garage approach apron located immediately in front of the
new garage, but intends to leave the current parking area unpaved. This is the practice that is
followed in all cases where a garage is being built at the end of an existing driveway or
parking area. In this case the applicant has expressed a desire to eventually pave all the
existing parking areas, in the future, but hopes to be able to wait until he has a sanitary sewer
line installed to the home. The proposed sewer line would need to be installed under the area
that is currently being used for parking so it is practical to wait to pave this area until it is
installed.
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7. This area is not located in the DEQ designated critical dune area.
8. All setback dimensions are measured at the drip edge of the garage roof.
9. One clarification staff would like to make regarding the submitted future site plan is that the
area marked “Additional Parking” is currently used for a parking area, this area is considered
a nonconforming use that would be allowed to continue. The applicant is not asking to
increase that area from what is currently being used today.
10. Staff has received one comment on this case from Mr. Tom Blake, owner of 3296 Thompson.
Mr. Blake stated he has no concerns regarding the request and feels the garage should be a
positive for the neighborhood.
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Application Page 2:
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Current Site Plan:
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Proposed Site Plan:
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Depiction:
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Notification Map:
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Front photo:
Angled Photo:
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Garage Location:
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Comment:
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Ordinance Excerpts (emphasis added):
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.
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.
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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]
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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 construction of an accessory structure (garage), in the front yard, 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 accessory structure is built and located as shown on the submitted site plan. Slight
modifications to the front setback shown on the site plan may be approved by staff.
3. The variance is recorded with the deed to keep record of it in the future.
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