Zoning Board of Appeals Packet 08-09-2011

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                                               CITY OF MUSKEGON
                                            ZONING BOARD OF APPEALS
                                                REGULAR MEETING

DATE OF MEETING:                           August 9, 2011
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 December 14, 2010

III.      Election of Officers (Chair, Vice Chair)

IV.       PUBLIC HEARINGS
       A. Hearing; Case 2011-001: Request for a variance from Section 2334: Signs, to allow a
          sign to be erected, exceeding the allowed number of signs, at 1201 Jefferson St, by the
          First Congregational Church.

       B. Hearing; Case 2011-002: Request for a variance from Section 2334: Signs, to allow a
          sign to be erected, exceeding the allowed size limit, at 1201 Jefferson St, by the First
          Congregational Church.

       C. Hearing; Case 2011-003: Request for a variance from Section 2311: Accessory
          Structures, to allow a gazebo to be placed in the front yard at 1077 Jefferson St, by
          Jefferson Towers.

V.        OLD BUSINESS

VI.       Adjourn



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                                                   Ann Marie Cummings, City Clerk
                                                           933 Terrace Street
                                                         Muskegon, MI 49440
                                                            (231) 724-6705
                                   TTY/TDD: Dial 7-1-1 and request a representative to dial 231-724-6705


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                                          CITY OF MUSKEGON
                                       ZONING BOARD OF APPEALS
                                            STAFF REVIEW

                                                     August 9, 2011

Hearing Case 2011-001: Request for a variance from Section 2334: Signs, to allow a sign to be
erected, exceeding the allowed number of signs at 1201 Jefferson St.

BACKGROUND:

Applicant: Tim VanDerHoar

Property Owner: First Congregational Church

Property Address(location): 1201 Jefferson St

Zoning: R-1, Single Family Residential

Current Land Use: Church

Request: A variance request to allow an additional monument sign to be placed on a parcel in a
Single Family Residential Zoning District.


STAFF OBSERVATIONS
1. Zoning of adjacent parcels to the west are B-2, Convenience and Comparison Business with
   R-1 Singe Family Residential to the north, east and south.
2. The zoning ordinance only allows for one monument sign per property in residential zoning
   districts.
3. There are currently two signs on this property, however, they were erected in the 1950’s and
   have been maintained ever since. At that time, there were no limits on the number of
   monument signs in residential zoning districts. The additional sign is now considered legally
   non-conforming. To continue its grandfathered status, the signs may not be replaced, but
   may be repaired. The owner believes that the signs are too old and are beyond repair.
4. A variance must be granted to allow the additional sign. Also, both signs are larger than the
   32 sqft size limit, so they would also need a variance on the size of the signs. See Case 2011-
   002
5. The property has 500 feet of frontage on Jefferson St, 307 feet of frontage on Third St, 156
   feet of frontage on First St and 137 feet of frontage on Monroe Ave.
6. The new signs would be placed in the same place as the current signs.



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Application Page 2:

                                 City of Muskegon Planning & Zoning Application
                                           Page 2a - Non-Use Variances

Please provide an answer to the following questions:

    1. Why are there “exceptional or extraordinary circumstances 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”? (i.e., why is your property unique
       compared to others in the neighborhood?) This is a church property in a residential
       district. The property has a large landscaped frontage along third and Jefferson
       streets, unlike any surrounding residential uses.

    2. Why is a variance “necessary for the preservation and enjoyment of a substantial property
       right possessed by other properties in the same zoning district and in the vicinity”? (i.e.,
       What property rights do your neighbors enjoy that you can’t because of the nature of your
       property?) The church is a non-residential property in a residential zone. The
       surrounding residential properties have no need for signage.

    3. How will the authorizing of a variance “not be of substantial detriment to adjacent
       property and not materially impair the purposes of the City’s zoning ordinance or the
       public interest”? (i.e., Will granting a variance to you negatively affect your neighbors or
       the public in general?) New signage will not be a detriment to adjacent properties.
       In keeping with the purpose and intent of the city’s signage ordinance, the new signs
       will be more visible and readily seen from many vehicles to prevent confusion
       causing abrupt unsafe vehicular maneuvers. Section 2334.1c

    4. Explain why the alleged difficulty is “caused by the Ordinance and has not been created
       by any person having an interest in the property or by any previous owner”: (i.e.,
       Who/what is the cause of the difficulty?) The difficulty is created by the unique shape
       of the church property. With over 500 feet of frontage on both Third and Jefferson
       streets, one sign is not adequate signage; two signs are required to properly identify
       the church on both sides.

    5. The alleged difficulty is “not founded solely upon the opportunity to make the property
       more profitable or to reduce expense to the owner “because: (i.e., Do you have reasons,
       other than financial gain, for asking for the variance?) Going along with the intent and
       purpose of the sign ordinance, two signs will give proper recognition to the
       legitimate needs of the church in attaining our identification and informational
       objectives.

    6. Is the requested variance “the minimum action required to eliminate the difficulty”? (i.e.,
       Could you get by with less of a variance from the ordinance requirement(s)?) The
       requested variance is the minimum action required to eliminate the difficulty based
       on the unique shape of the church property. Again an additional sign is necessary
       based on the purpose and intent of the sign ordinance.
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Current Site Layout (current signs noted in red):




Zoning Map:




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Sign Depiction (two separate identical signs):




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Notification Map:




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Current legal-non conforming sign on Jefferson St facing north:




Current legal-non conforming sign on Third St facing south:




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From Third St looking north:




From the parking lot on Jefferson St looking west:




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Sign Ordinance Excerpts (emphasis added):


6.    Permitted signs in all residential and mobile home park districts:

         a.        Entranceway monument signs are permitted for residential developments of up to
                   twelve (12) square feet. One sign for each major public road frontage may be
                   provided. Signs shall not exceed eight feet in height.

         b.        Internally illuminated monument signs of up to thirty-two (32) square feet,
                   not exceeding eight (8) feet in height, and internally lit wall signs up to
                   twenty-four (24) feet for lawful institutional uses such as churches and
                   schools. [amended 7/06]

         c.        Legal business uses in residential districts are permitted signage as allowed in the
                   B-1 zoning district, except for those uses otherwise addressed in this section.
                   [amended 4/02]

         d.        One (1) non-illuminated wall sign of up to eight (8) square feet for a home
                   occupation. [amended 12/01]

         e.        Changeable copy or message boards shall be part of a fixed, permanent sign and
                   shall have rigid letters. Electronic message boards are prohibited.

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 an additional monument sign for this property 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.


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    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 additional signage is built and located as indicated in Case 2011-001.
  3. The variance is recorded with the deed to keep record of it in the future.




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Hearing Case 2011-002: Request for a variance from Section 2334: Signs, to allow a sign(s) to
be erected, exceeding the allowed size limit.

BACKGROUND:

Applicant: Tim VanDerHoar

Property Owner: First Congregational Church

Property Address(location): 1201 Jefferson St

Zoning: R-1, Single Family Residential

Current Land Use: Church

Request: A variance request to allow a monument sign larger than 32 sqft. If Case 2011-001 is
approved, then they are also requesting that that sign to be larger than 32 sqft as well.

STAFF OBSERVATIONS
    1. Zoning of adjacent parcels to the west are B-2, Convenience and Comparison Business
       with R-1 Singe Family Residential to the north, east and south.
    2. The zoning ordinance allows for monument signs to be a maximum size of 32 sqft and
       eight feet in height. The requested signs are about 57 sqft and seven feet in height each.
    3. There are currently two signs on this property that are considered legally non-conforming
       because they are pole signs, not monument signs. They were approved in the 1950’s
       before the zoning ordinance was changed to only allow monument signs. The requested
       signs are monument signs, but larger than the size allotment (32 sqft).
    4. The proposed signs would be visible from both directions traveling on Jefferson St and
       Third St.
    5. The property has 500 feet of frontage on Jefferson St, 307 feet of frontage on Third St,
       156 feet of frontage on First St and 137 feet of frontage on Monroe Ave.




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Application Page 2:

                                 City of Muskegon Planning & Zoning Application
                                           Page 2a - Non-Use Variances

Please provide an answer to the following questions:

    1. Why are there “exceptional or extraordinary circumstances 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”? (i.e., why is your property unique compared to others in the
       neighborhood?) The church is requesting a variance to allow for signs over 32 square feet
       based in the size and shape of the church property. The church has over 500’ of frontage
       both on Jefferson St. and 3rd St. Based on this fact, the church requires signs larger than
       32sq feet to allow for signs that are visible and legible to visitors arriving by car.

    2. Why is a variance “necessary for the preservation and enjoyment of a substantial property right
       possessed by other properties in the same zoning district and in the vicinity”? (i.e., What
       property rights do your neighbors enjoy that you can’t because of the nature of your property?)
       The church is an institutional use in a residential district. The surrounding residential uses
       in the residential zone have no need for signage.

    3. How will the authorizing of a variance “not be of substantial detriment to adjacent property and
       not materially impair the purposes of the City’s zoning ordinance or the public interest”? (i.e.,
       Will granting a variance to you negatively affect your neighbors or the public in general?) The
       authorization of this variance will have a positive effect on the surrounding properties. The
       current signs have reached an age where regular care and maintenance Is no longer
       enough. The signs need to be replaced, and need to be expanded in order to hold lettering
       that is big enough to safely read from the street.

    4. Explain why the alleged difficulty is “caused by the Ordinance and has not been created by any
       person having an interest in the property or by any previous owner”: (i.e., Who/what is the cause
       of the difficulty?) The difficulty comes from the large amount of frontage that exists on both
       sides of the church, again with over 500’ of frontage each on Jefferson and 3rd streets, larger
       signs are necessary, if the church was situated in the adjacent B-2 zone, based on the
       amount of frontage the church would be allowed a sign of up to 200 square feet.

    5. The alleged difficulty is “not founded solely upon the opportunity to make the property more
       profitable or to reduce expense to the owner “because: (i.e., Do you have reasons, other than
       financial gain, for asking for the variance?) The church does not stand to gain anything
       financially from having a sign with an area greater than the allowable 32 square feet. The
       church would like to create a safer and more efficient environment by having signs that are
       easily read by motorists looking for the church. We believe that this is in accordance with
       the intents and purposes of the sign ordinance.

    6. Is the requested variance “the minimum action required to eliminate the difficulty”? (i.e., Could
       you get by with less of a variance from the ordinance requirement(s)?) The church believes that
       this is the minimum action required to eliminate the difficulty. Again, with the large
       amounts of frontage along 3rd and Jefferson, large signs are necessary for the church to be
       easily identified by motorists intending to visit the church. The current existing signs are
       not adequate for easy visibility and need to be bigger to create a safer driving environment.

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Current Site Layout (current signs noted in red):




Zoning Map:




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    Sign Depiction (two separate identical signs):




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Notification Map:




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Current legal-non conforming sign on Jefferson St facing north:




Current legal-non conforming sign on Third St facing south:




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From Third St looking north:




From the parking lot on Jefferson St looking west:




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Sign Ordinance Excerpts (emphasis added):


6.    Permitted signs in all residential and mobile home park districts:

         f.        Entranceway monument signs are permitted for residential developments of up to
                   twelve (12) square feet. One sign for each major public road frontage may be
                   provided. Signs shall not exceed eight feet in height.

         g.        Internally illuminated monument signs of up to thirty-two (32) square feet,
                   not exceeding eight (8) feet in height, and internally lit wall signs up to
                   twenty-four (24) feet for lawful institutional uses such as churches and
                   schools. [amended 7/06]

         h.        Legal business uses in residential districts are permitted signage as allowed in the
                   B-1 zoning district, except for those uses otherwise addressed in this section.
                   [amended 4/02]

         i.        One (1) non-illuminated wall sign of up to eight (8) square feet for a home
                   occupation. [amended 12/01]

         j.        Changeable copy or message boards shall be part of a fixed, permanent sign and
                   shall have rigid letters. Electronic message boards are prohibited.



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 (one/two) monuments signs that are each 57 sqft in
total size, 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.


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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 sign is built as shown on the included depiction with staff being allowed to approve
   minor changes that do not enlarge the overall size of the sign.
3. The variance is recorded with the deed to keep record of it in the future.




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Hearing Case 2011-003: Request for a variance from Section 2311: Accessory Structures, to
allow a gazebo to be placed in a front yard at 1077 Jefferson St.

BACKGROUND:

Applicant: Debrah Wells

Property Owner: Debrah Wells, Jefferson Towers

Property Address(location): 1077 Jefferson St

Zoning: RM-3, High Density Multiple Family District

Current Land Use: Church

Request: A variance request to allow a monument sign larger than 32 sqft. If Case 2011-001 is
approved, then they are also requesting that that sign to be larger than 32 sqft as well.

STAFF OBSERVATIONS
    1. A gazebo is considered an accessory structure. However, accessory structures are not
       allowed in front yards.
    2. The zoning ordinance defines a front yard as the space between the road and the front of
       the principal structure. Principal structures on the corner of multiple roads will have
       multiple front yards. Jefferson Towers has road frontage on all four sides of the building.
       They have four front yards and no side or back yards.
    3. Accessory structures must be setback at least three from any property line. The gazebo
       would be placed 12’1” from the property line on Hamilton Ave and 23’ from the
       principal structure.
    4. The gazebo measures 8’11” at it longest point and is 12’ tall.
    5. The zoning ordinance states that structures can only cover up to 50% of the lot in
       residential districts. Currently, structures only take up about 30% of the property and the
       addition of the gazebo will not significantly change that amount.
    6. The properties to the north of the proposed gazebo are zoned B-1, Limited Business
       District and are currently used as parking lots. The properties to the west are zoned R-1,
       Single Family Residential. Adjacent properties in other directions would not be affected.




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Application Page 2:

                                 City of Muskegon Planning & Zoning Application
                                           Page 2a - Non-Use Variances

Please provide an answer to the following questions:

    1. Why are there “exceptional or extraordinary circumstances 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”? (i.e., why is your property unique compared to others in the
       neighborhood?) We are a senior multi-residence that occupies the full block. At the time the
       building was built, the main entrance was and still is considered to be the entrance to the
       east off of Jefferson Street. The secondary entrance would be the entrance and parking
       area to the west of the building. It is our understanding under the definitions of the zoning
       ordinance that with a building occupying an entire block has a primary and secondary
       front yards. We therefore consider out front yards to be to the east and west; therefore,
       leaving us two side yards, one of which is involved in this venture. This project is a
       donation from a Boy Scout earning his Eagle Scout rank, and is the only way our non-profit
       building could ever dream of having a gazebo.

    2. Why is a variance “necessary for the preservation and enjoyment of a substantial property right
       possessed by other properties in the same zoning district and in the vicinity”? (i.e., What
       property rights do your neighbors enjoy that you can’t because of the nature of your property?)
       Establishment of a yard that would allow us to have an accessory structure.

    3. How will the authorizing of a variance “not be of substantial detriment to adjacent property and
       not materially impair the purposes of the City’s zoning ordinance or the public interest”? (i.e.,
       Will granting a variance to you negatively affect your neighbors or the public in general?) No.
       The neighborhood would benefit from the improvements to our property and definitely
       positively affect the general public who would be considering living at our facility.

    4. Explain why the alleged difficulty is “caused by the Ordinance and has not been created by any
       person having an interest in the property or by any previous owner”: (i.e., Who/what is the cause
       of the difficulty?) Interruption of the zoning ordinance

    5. The alleged difficulty is “not founded solely upon the opportunity to make the property more
       profitable or to reduce expense to the owner “because: (i.e., Do you have reasons, other than
       financial gain, for asking for the variance?) This is not for financial gain. This is for the
       enjoyment of the current and future residents of Jefferson Towers. We are a non-profit
       building for the elderly who are trying to give these seniors a true “home” that they can
       enjoy. They have no other outdoor seating area, i.e. patio that they can take advantage of.

    6. Is the requested variance “the minimum action required to eliminate the difficulty”? (i.e., Could
       you get by with less of a variance from the ordinance requirement(s)?) We are flexible in
       moving the structure to some degree, but have no other yard on the other three sides, so
       therefore need the structure to stay on the Hamilton Street side.




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Notification Map:




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Current Site Layout (proposed gazebo noted in red):




Zoning Map:




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View of front yard on Jefferson St facing west:




View of front yard on Houston Ave facing north:




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View of front yard on First St facing east:




View of front yard on Hamilton Ave facing south:




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Site Plan:




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Sign 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]


Definitions:

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.


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 gazebo in the front yard on the Hamilton Ave side
of the property, be (approved/denied), based on the following review standards (found in Section
2502 of the Zoning Ordinance) and subject to conditions:


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    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
    7. That the additions to the property must be complete within one year (Sec. 2504) or the
       variance is void.
    8. The gazebo is built as shown on the included depiction with staff being allowed to
       approve minor changes that do not enlarge the overall size of the sign.
    9. The variance is recorded with the deed to keep record of it in the future.




O:\Planning\COMMON\Zoning\Zoning Board of Appeals\ZBA Meeting Documents\ZBA 2011\2011 ZBA staff reports\ZBA 08 09 11\8-9-2011
ZBA Staff Report.doc

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