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Zoning board approves 744‑sq‑ft ADU over size limit at 303 Mulholland Avenue
Summary
The Ann Arbor Zoning Board of Appeals on Feb. 26 approved a variance to allow a 744‑square‑foot accessory dwelling unit at 303 Mulholland Avenue, exceeding the 600‑square‑foot ADU limit for the lot, after staff and the homeowner said the space already contains a full bathroom and conditioned living area.
The Ann Arbor Zoning Board of Appeals on Feb. 26 granted a variance allowing a 744‑square‑foot accessory dwelling unit (ADU) above a detached garage at 303 Mulholland Avenue, exceeding the 600‑square‑foot maximum for the lot.
The board voted unanimously to approve the request after staff and the homeowner described the existing conditions that prompted the application. John Barrett, zoning coordinator for the city of Ann Arbor, told the board the lot is 7,100 square feet and the existing detached garage second story measures 744 square feet; the ADU ordinance allows 600 square feet on a lot that size. Barrett said a building permit application to install a kitchenette prompted the review because the space already contains a full bathroom and conditioned, habitable space.
Homeowner Robin Edelstein told the board she has owned the house since February 2021 and that she did not build the existing second‑story space or its bathroom. "My idea was just to add a sink and a refrigerator," Edelstein said, adding she did not intend to use the unit as a short‑term rental. Barrett confirmed to the board that ADUs in Ann Arbor cannot be used for short‑term rentals and must be rented for a minimum of 30 days.
The board acknowledged written input: Barrett said the city received a letter of support from a neighbor, Dave Askins of 330 Mulholland Avenue, and a letter of opposition from Lori Gonzalez. After a brief public comment period — no speakers appeared in person — the board moved to approve the variance.
The motion, as read into the record, grants a variance of 144 square feet from Table 5.16‑2 (lot area and floor area requirements for ADUs) to allow a 744‑square‑foot ADU and instructs that construction proceed according to the submitted plans. The board's roll call recorded unanimous approval.
Why it matters: The decision regularizes an already‑finished habitable space that applicant and staff said was converted to include a bathroom and conditioned living area before the homeowner sought a kitchenette and building permit. The filing clarifies that ADU rules in Ann Arbor restrict short‑term rentals and that property owners must conform to permit requirements when altering living spaces.
The decision may be appealed by an aggrieved party under the process cited at the meeting; the board’s standard practice is to note available judicial appeal options.
