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ZBA approves 900-square-foot accessory garage at 256 Cottage Street with no-living-space condition

2174913 · January 27, 2025
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Summary

The Zoning Board granted a 100-square-foot variance for a detached garage at 256 Cottage Street, approving a 30x30-foot structure with an explicit condition prohibiting residential use of the accessory building.

The Pontiac Zoning Board of Appeals voted to approve a dimensional variance allowing a 900-square-foot detached accessory structure at 256 Cottage Street, with a condition that the structure not be used as living quarters.

Staff said the R-1 accessory-structure rule limits an accessory building to 800 square feet on this parcel and explained the applicant returned with a reduced request after previously proposing a larger structure in 2023. Staff recommended that any approval include a condition prohibiting the structure’s use as an accessory dwelling unit and noted the plans labeled some space as “living area,” which is not permitted.

Applicant Jessica Espinosa told the board the structure is intended as a garage aligned with the driveway and that any earlier reference to living space was a mistake. “I shouldn't have said living space. I didn't even look at that detail,” Espinosa said.

A motion by Commissioner Burke, seconded by Commissioner May, to grant the variance from Section 2.304 of the zoning ordinance passed on roll call. Commissioners May, McClellan, Bueno, Anderson, Burke and Babakwa voted yes; the motion passed and the board imposed the staff-recommended condition that the building not be used for residential occupancy.

Staff said the applicant may now move forward with building permits and that the next administrative step is submission of construction plans and building-department inspections. The board’s motion specified approval was based on the findings of fact in the staff report and included the explicit restriction that the accessory structure not be used as a dwelling.