Burton zoning board denies variance for Vineland Avenue accessory structure, gives owner until Sept. 1 to relocate

The Burton Zoning Board of Appeals voted 7-0 Thursday to deny a variance request from Robin Brown that would have allowed an accessory structure to remain in the front yard at 3110 Vineland Avenue.

City staff told the board that the administration does not recommend approval because the applicant had not demonstrated a legally cognizable hardship and the structure conflicts with accessory-structure rules in Burton’s zoning ordinance. The board’s motion to deny included an addendum giving Brown until Sept. 1 to remove or relocate the structure and directed staff to help the applicant with permitting options.

The variance, filed as ZBA23-21, sought to permit an 18-by-21-foot structure the applicant said was placed in the front driveway in 2017. Brown told the board she was told at the time the building was not permanent and did not require a permit; she later obtained a permit in 2023 for a separate backyard structure. Brown said relocating the front structure would cost at least $6,000 and that hiring an attorney to seek more time had already cost more than $2,000. “My integrity is of utmost importance to me,” Brown said during her remarks.

City staff apologized to the applicant for an earlier misunderstanding that a permit had been pulled for the front structure and told the board the denial recommendation rested on ordinance language requiring accessory structures to be in the rear yard and on the standards listed in Section 157.154. Staff also noted that setback rules require accessory buildings to be at least 10 feet from other structures and 5 feet from property lines.

Board members said allowing the building to remain would set a precedent and could alter the neighborhood’s character. During deliberations a board member said, without naming a specific individual, that “leaving the structure where it’s at will alter the central characteristic of the neighborhood,” and framed that concern as a reason to deny the variance and put a clear deadline on relocation.

Members and staff discussed alternatives that could avoid full removal, including attaching the unit to the existing garage as an addition (which would require a building-permit review and compliance with front-setback rules as if it were part of the house) or moving the structure to a location behind the house if the site plan and setbacks allow. Staff emphasized that property lines are the applicant’s responsibility to identify on any permit application and that building inspectors do not provide official property-line surveys.

A neighbor, Logan Brown, told the board that several neighbors had signed a petition supporting the structure’s appearance and maintenance but acknowledged the matter is one of zoning compliance.

The board’s formal vote to deny ZBA23-21 was recorded by roll call: all seven members present voted to deny. The motion included a directive that the applicant have until Sept. 1, 2025, to relocate the structure and to consult with city staff on a permit-based solution. The board also noted the matter had been returned from a court hearing for clarification, and members said having a written reason on the record was important for any subsequent proceedings.

Votes at a glance

- Election of chair: Steve Welch nominated and confirmed by roll call (yes 7-0). - Election of vice chair: Michael N. Ward Terry nominated and confirmed by roll call (yes 7-0). - Approval of minutes: motion carried by voice/aye. - ZBA23-21 (Robin Brown, 3110 Vineland Avenue): Motion to deny carried by roll call, yes 7, no 0; board granted the applicant until Sept. 1, 2025, to relocate the structure and instructed staff to assist with permitting options.

The board advised Brown to meet with city staff to develop a site plan that shows property lines and setbacks before submitting any permit application. The Zoning Board of Appeals’ next regular meeting was announced for Feb. 20, 2025.