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Trustee to draft zoning language to restore variance flexibility for ZBA review
Summary
Trustee Rick Sovel will draft proposed ordinance language to give the Zoning Board of Appeals more discretion in dimensional variance cases after trustees and township attorneys flagged limitations in the ordinance and court interpretations.
Trustee Rick Sovel told the Charter Township of Commerce Board of Trustees on Jan. 28 that the township’s Zoning Board of Appeals (ZBA) has become too rigid after a prior ordinance revision and that petitioners now must meet all six standards to obtain a variance.
"For example, if we follow the letter of the law, if your house is 1 inch over the setback, then you have to tear your house down because you can't get a variance," Trustee Rick Sovel said. "That is not in the spirit of what anyone wants to do." Sovel said he met with every ZBA member and staff in the Planning Department and that those he consulted agreed some additional flexibility should be available in certain dimensional cases.
Attorney Hans Rentrop told trustees that the ZBA's authority to grant variances comes from the zoning ordinance and that courts have interpreted the enabling language narrowly. Rentrop said there are legal limits to how much discretion can be added. "It would have to be the zoning ordinance," Rentrop said. "The courts have interpreted that general language more narrowly. We tried to last year but there are limits. The problem with too much discretion is it can potentially be unfair to some petitioners."
Trustee George Weber expressed support for increased discretion for dimensional variances but sought clarification on which ordinance language would be changed. Clerk Melissa Creech asked whether any variance requests were pending; Trustee Sovel said the review is not being drafted to accommodate an active petitioner. The board agreed Trustee Sovel may proceed with internal drafting, then meet with the ZBA for input. Sovel said he would later request a budget and involve township attorneys Hans Rentrop and John Kummer for review and drafting.
No ordinance amendment was introduced or adopted at the meeting; trustees gave direction to pursue draft language, consult the ZBA, and return with proposed language for board consideration.
