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CITY OF MUSKEGON
ZONING BOARD OF APPEALS
REGULAR MEETING
DATE OF MEETING: August 13, 2013
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 April 9, 2013
III. PUBLIC HEARINGS
• Hearing; Case 2013-02: Request for a variance from Section 404, Zoning and Bulk
Requirements, of the zoning ordinance to construct a new home with a rear setback less
than 30 feet at 1747 Edgewater St., and a variance from the height restriction to build an
observation tower, by Thomas Weatherbee.
• Hearing; Case 2013-03: Request for a zoning appeal hearing and a business registration
to operate a farm at 1192 Ambrosia St, 381 Catherine Ave, 383 Catherine Ave, 370
McLaughlin Ave, 1272 Spring St, 1336 Spring St, 1192 Wood St, and also to operate a
market at 1198 Wood St., by Joshua & Anna EldenBrady
• Hearing; Case 2013-04: Request for a use variance from Section 400, Principal Uses
Permitted, of the zoning ordinance to allow for a two-unit home in a R-1, Single Family
Residential district at 1133 6th St., by Gwandolyn Nolan.
IV. New Business
V. Old Business
VI. Adjourn
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CITY OF MUSKEGON
ZONING BOARD OF APPEALS
REGULAR MEETING
MINUTES
April 9, 2013
Chairman R. Hilt called the meeting to order at 4:00 p.m. and roll was taken.
MEMBERS PRESENT: R. Hilt, S. Warmington, B. Larson, W. German Jr., S. Brock
MEMBERS ABSENT: E. Fordham, T. Halterman,
STAFF PRESENT: M. Franzak, D. Renkenberger
OTHERS PRESENT:
APPROVAL OF MINUTES
A motion that the minutes of the regular meeting of August 14, 2012 be approved was made by
B. Larson, supported by W. German and unanimously approved.
ELECTIONS
A motion to retain R. Hilt for Chairperson was made by B. Larson, supported by S. Warmington
and unanimously approved.
A motion to nominate B. Larson for Vice Chairperson was made by S. Warmington, supported
by S. Brock and unanimously approved.
PUBLIC HEARINGS
Hearing; Case 2013-01: Request for a variance from Section 1103: AREA AND BULK
REQUIRMENTS, to allow a building expansion closer to the front lot line than the required ten-
foot minimum setback in a B-2, Convenience and Comparison Business District at 1983
Lakeshore Drive, by The Marine Tap Room, Inc. M. Franzak presented the staff report. The
applicant would like to place a permanent deck and awning structure at the front of the building.
This property was previously granted a permit for a temporary deck, which is shown in a picture
provided to board members. The property is zoned B-2, Convenience and Comparison Business
District. The minimum front yard setback in this district is 10 feet. The building currently has a
front setback of 7.5 feet, which makes the structure legally non-conforming. The applicant
would like to have a zero lot line and construct the structure all the way up to the building line.
The structure will be a total of 40 feet wide and will extend 22 feet from the road on the east side
of the building. If the variance is granted, it would now make this property a legally conforming
structure, since it would now meet all of the setback requirements (the front setback will now
have the variance).
S. Warmington stated that allowing this variance would change the building from a non-
conforming structure to a conforming structure, due to the zero lot line allowance. He stated that
the building was built before the current zoning ordinance requiring the larger front setback.
Most businesses in this block sit very close to the street.
A motion to close the public hearing was made by B. Larson, supported by S. Brock and
unanimously approved.
The following findings of fact were offered: 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, and f) That the requested variance is the minimum action required
to eliminate the difficulty.
A motion that the findings of fact determined by the Zoning Board of Appeals be adopted and
that the variance request to place a deck and awning structure in the front setback at 1983
Lakeshore Drive be approved, subject to the conditions that 1) the additions to the property must
be complete within one year (Sec. 2504) or the variance is void, and 2) the variance is recorded
with the deed to keep record of it in the future, was made by B. Larson, supported by W. German
and unanimously approved.
OLD BUSINESS
None
OTHER
None
There being no further business, the meeting was adjourned at 4:20 p.m.
CITY OF MUSKEGON
ZONING BOARD OF APPEALS
STAFF REVIEW
August 13, 2013
Hearing; Case 2013-02: Request for a variance from Section 404, Zoning and Bulk
Requirements, of the zoning ordinance to construct a new home with a rear setback of less than
30 feet and a height of over 35 feet at 1747 Edgewater St., by Thomas Weatherbee.
BACKGROUND
1. The applicant will be constructing a new home on the vacant lot at 1747 Edgewater St.
2. The property is zoned R-1, Single Family Residential and measures 83’ x 100.’
3. The applicant would like to line the front of the building up with the surrounding houses;
however, he would not be able to meet the minimum rear setback of 30 feet if he does. The
applicant is seeking a variance for the house to be constructed as close as 16 feet from the
rear property line. The surrounding houses do not meet the rear setbacks either, which makes
them legally non-conforming.
4. The applicant would also like to construct an observation look out and is seeking a variance
from the height restriction 35 feet for an additional 7 feet and 2 inches.
5. To the rear of the property is a vacant 76 acre parcel owned by Sand Products Corp.
Notice was given to property owners within 300 feet of this property. Thomas & Joyce Voyt,
1760 Edgewater St, are in favor of the variance.
1747 Edgewater St
View looking east from the property.
Aerial Map
Zoning Ordinance Excerpt:
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. Exception: Homes located in an established Historic
District may be up to 3 stories or 45 feet, if found to be compatible with other homes
within 600 feet. [amended 9/08]
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]
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.
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 for a rear setback of no less than 14 feet and a height of no more
than 42 feet and 2 inches at 1747 Edgewater St 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 variance is recorded with the deed to keep record of it in the future.
VARIANCE REQUEST RESPONSE – CASE 2013-02 (1747 EDGEWATER ST.)
1. Neighboring houses appear to be built utilizing a deeper front yard setback than
what the zoning ordinance calls for creating a unique situation where I could build
my house without the variance but only at a hardship to my neighbors. The
height variance is to compensate to a relatively new 2 story house across the
street impeding my views of the lake which was built after I purchased my
property 9 years ago.
2. With all the other houses being set back from the street, farther than they need
to, it creates a problem for my property which is the last vacant property to be
built on. The other houses on the street do not have 2 story houses between
them and the lake.
3. The rear setback variance will allow my house to be built set back from the street
in the same manner as my neighbors therefore not blocking their views. The
height variance will not affect my neighbors since there is no one behind me and
the variance is for a minimal area and minimal height.
4. The ordinance actually creates difficulty for my neighbors since it would allow my
house to be built but only if it was 15’± in front of my neighbors which would block
views and create a situation that both my neighbors and I don’t want. The
ordinance does not take into account the views of the lake. It allows for 2 story
houses to be built on the lake side of the street blocking the views of the lake
from houses on the other side of the street. This is a unique situation that would
not be found in most neighborhoods or streets since they do not border on a
lake.
5. These variances are requested not to make the property more profitable or
reduce expenses because I do not plan of selling the house. I plan on retiring
and living in this house for the rest of my life and the granting of these variances
would actually cost me more money.
6. These variances requested are the minimum required to eliminate the difficulty.
Hearing; Case 2013-03: Request for a zoning appeal and to be granted a business registration to
operate a farm at 1192 Ambrosia St, 381 Catherine Ave, 383 Catherine Ave, 370 McLaughlin
Ave, 1272 Spring St, 1336 Spring St, 1192 Wood St and also to operate a market at 1198 Wood
St., by Joshua & Anna EldenBrady.
BACKGROUND
1. The applicants have applied for a business registration with the City Clerk’s Department for
“Patchwork Pastures Urban Farm & Wood Street Market.”
2. The application stated they would “grow produce at 1272 Spring, 381 Catherine, 383
Catherine, 1192 Ambrosia and 370 McLaughlin and 1192 Wood. They will sell the produce
only at 1198 Wood and only have a set up of table and possibly tent at time of sales. The
main office will be at 1336 Spring which is their residence. They may possibly grow produce
at 1198 Wood and 1336 Spring also.”
3. The application was denied because farming is not allowed in the city. The City does allow
community gardens, but not commercial farming. The zoning appeal filed by the applicants
is a result of the Zoning Administrator’s denial of the business license. The packet of
information also included, with the notation “Notice of Appeal” at the top of the ZBA
application is the EldenBrady’s response.
4. The properties at 370 McLaughlin, 1272 Spring and 1336 Spring are zoned R-1, Single
Family Residential. The properties at 1192 Ambrosia and 381 Catherine are zoned RT, Two
Family Residential. The properties at 383 Catherine, 1192 Wood and 1198 Wood are zoned
B-1, Limited Business District.
5. Farming is not an allowed use in any zoning district in the city. The applicants claim that the
Community Gardening ordinance allows for commercial farming. The Community Garden
zoning ordinance excerpt is located below.
6. Please see the enclosed packet submitted by the applicants, as mentioned in #3 above.
1192 Ambrosia, 381 Catherine and 383 Catherine
1336 Spring
1272 Spring
370 McLaughlin
1192/1998 Wood
Zoning Map
SECTION 2313: Community Gardens [amended 6/10]
Community gardens shall consist of public or private vacant parcels used for cultivation of fruits,
vegetables, plants, flowers, or herbs by recognized neighborhood groups, 501 C non-profit
organizations or multiple users residing in the immediate area of the Community Garden.
Community Gardens are a permitted accessory use in all Zoning Districts and require prior
approval of the Zoning Administrator. These regulations do not apply to individual gardens
maintained by property owners or occupants.
1. Community Gardens must have an established and posted set of hours of operation.
2. Each Community Garden shall have a garden coordinator to act as a liaison between
the city and city departments. The garden coordinator shall submit their contact
information, with a site plan, to ensure compliance with city ordinances for approval
by the Zoning Administrator. The site plan must show the garden location and any
proposed improvements to the vacant parcel. It is also the garden coordinators
responsibility to keep this information up to date with the Zoning Administrator,
should there be any additions or changes.
3. The site must be designed and maintained so that water and fertilizer will not drain
into the streets, alleys or adjacent properties.
4. Planting beds, compost or waste bins, picnic tables, garden art, rain barrel systems
and children’s play areas shall be permitted as long as they are not located in a
required front yard, they are not an obstruction to clear vision at drives or
intersections and they do not create an odor or other nuisance for neighboring
properties.
5. Each garden may have a sign indicating the group or garden name and the hours of
operation. The signs must conform to all applicable sign regulations and require a
permit prior to erection of the sign.
6. Any fencing used for the Community Garden requires a Development Permit and
must comply with existing fencing rules and regulations.
7. No water or irrigation wells may be installed for a Community Garden, unless
installed by a state licensed well drilling firm. If the Community Garden is located on
a city owned parcel, the city must first grant approval of the well. All groundwater
wells located on city property must be removed by the responsible group, at their
expense, when the garden is no longer being used.
8. Any use of pesticides or fertilizers must comply with applicable state or federal
regulations.
DETERMINATION:
The following motion is offered for consideration:
I move that the zoning appeal and subsequent business license for Patchwork Pastures Urban
Farm & Wood Street Market as proposed in the business registration be (approved/denied), with
the following conditions (if any).
(NOTE: A copy of the applicant’s ZBA application can be found at the end of this agenda
packet)
Hearing; Case 2013-04: Request for a use variance from Section 400, Principal Uses Permitted,
of the zoning ordinance to allow for a two-unit home in a R-1, Single Family Residential district
at 1133 6th St.
BACKGROUND
1. The house at 1133 6th St. is zoned R-1, Single Family Residential.
2. The applicant would like to convert the house into a 2 unit home. Two unit homes are
not allowed in single family residential districts.
3. The applicant has applied for funding through the City of Muskegon’s Rental Rehab
Program from the Community and Neighborhood Services Department.
4. The applicant has stated that there was previously another unit in the home, but there are
no city records showing that it was ever registered as a 2 unit.
5. Please see the enclosed letter from the Director of the City of Muskegon’s Rental
Registration Program, Hope Mitchell.
6. The following residents responded to the notification letters:
a. Elizabeth Sherman, 570 W. Clay Avenue, resident of Renaissance Place ~ is
opposed due to the limited parking in the area.
b. Lavonne Kennedy, 570 W. Clay Avenue, resident of Renaissance Place ~ is
opposed due to the limited parking in the area. She said that Clay Ave. is narrow
and there is only parking allowed on 1 side of the street. Also, visitors to the
Hackley & Hume homes often park on 6th Street, especially in the busier summer
months.
c. Bruce Stanton, 207 Fulton Street, a landlord in the area is opposed because of
parking.
1133 6th St
Alley
Zoning Ordinance Excerpt:
ARTICLE IV – R-1, SINGLE FAMILY RESIDENTIAL DISTRICTS
PREAMBLE
These districts are designed to be composed of low density residential development. The
regulations are intended to stabilize, protect, and encourage the residential character of the
district and prohibit activities not compatible with a residential neighborhood. Development is
limited to single family dwellings and such other uses as schools, parks, churches, and certain
public facilities which serve residents of the district. It is the intent of these districts to recognize
that the City of Muskegon has been developed and platted with some lots that are smaller than
those found in recently urbanized communities, and the standards in Section 2100 reflect
residential development standards that the citizens of Muskegon find to be compatible.
SECTION 400: PRINCIPAL USES PERMITTED
In R, One Family Residential, Districts no building or land shall be used and no building shall be
erected, structurally altered, or occupied except for one or more of the following specified uses,
unless otherwise provided in this Ordinance;
1. One Family detached dwellings.
2. Home occupations of a non-industrial nature may be permitted. Permissible home
occupations include, but are not limited to the following: [amended 11/02]
a. Art and craft studios, lessons may be given to one client at a time
b. Hair and nail salons, limited to one client at a time
c. Dressmaking and tailoring
d. Tutoring, limited to one student at a time
e. Typing or clerical services
f. Teaching of music or dancing or similar instruction, limited to one client
at a time
g. Offices located within the dwelling for a writer, consultant, member of the
clergy, lawyer, physician, architect, engineer or accountant, limited to one
client/family at a time.
3. Adult Foster Care Family Homes, provided that such facilities shall be at least one
thousand five hundred (1,500) feet from any other similar facility. [amended
11/02]
4. Accessory buildings and accessory uses customarily incidental to any of the
above Principal Uses Permitted.
5. Uses similar to the above Principal Uses Permitted.
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 for a 2 unit home at 1633 6th St 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 variance is recorded with the deed to keep record of it in the future.
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