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Berkley Zoning Board approves 2.2-foot variance for 3617 Buckingham
Summary
The Berkley Zoning Board of Appeals voted 4-2 to grant a 2.2-foot dimensional variance so the owner of 3617 Buckingham can demolish and rebuild a single-family home whose distance to the north neighbor would be less than the 15-foot minimum between dwelling units required by the Berkley zoning code.
The Berkley Zoning Board of Appeals on Aug. 11 approved a 2.2-foot dimensional variance for 3617 Buckingham, allowing the property owner to demolish an existing single-family house and construct a new home that would not meet the code’s 15-foot minimum distance between dwelling units.
The variance, application PVA0625 filed by D'Pour Building LLC and represented at the hearing by property owner John DePore, passed on a 4-2 vote after the board found the situation met the five criteria for a nonuse (dimensional) variance under the city code.
Board members discussed whether the property owner’s plans were precluded by the ordinance and whether the request was caused by the owner’s actions. John DePore told the board he bought the property in March and said the hardship stemmed from the neighboring house to the north, which is already nonconforming. “The house to the north is out of conformity with a minimum of 5 feet on one side,” DePore said, adding the existing home on his lot was built around 1961 and that he intends to demolish and replace it with a new home and full basement.
Community development staff provided the relevant code citation to the board. Per the Berkley City Code, chapter 138, zoning, section 5.02(d), the minimum distance between dwelling units is 15 feet. Staff said notices were mailed to property owners within 300 feet and a sign was posted on the property; no written or in-person objections were received at the hearing.
Commissioners reviewed the board’s five statutory criteria for nonuse variances: unique physical circumstances, not caused by current or prior owner actions, unreasonable prevention of a permitted use or unnecessary burden if strictly applied, minimum variance necessary, and no adverse impact to surrounding properties. Commissioner Creel moved to approve, arguing the neighboring nonconforming house created the condition and the requested variance was limited to 2.2 feet. “I believe it meets all 5 criteria, and therefore, we should approve this as requested,” Creel said.
The roll call vote recorded yes votes from Members Creel, Krug, Cyr and Benedict; no votes from Member McDonald and Chair McAlpine. The board’s motion approved the variance as requested. The approval allows the applicant to proceed with demolition and construction as proposed, subject to any building permit requirements and inspections.
Board discussion noted that the proposed new house would be pushed back on the lot and thus more consistent with the neighborhood front-yard setbacks; commissioners also emphasized that the property could remain a dwelling if the variance were denied, but that denial would limit the owner’s ability to demolish and rebuild in the proposed configuration.
A final building permit and any plan review remain subject to staff-level approvals and applicable city regulations.
