Staff warns: state building code can block permit even if zoning variance is granted
City staff and the building official told the board that state construction code constraints (overhangs, fire-separation distances) can prevent issuance of a building permit unless plans meet the Michigan Residential Code, even if the zoning board grants a setback variance.
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During the public hearing on 810 State Street, staff and the building official explained a key constraint: a zoning variance does not override state building-code requirements for construction permits. Staff said the building inspections office cannot approve a zoning variance or issue a permit if the proposed structure conflicts with mandatory state construction standards.
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