Zoning Board approves replacement home on existing footprint after fire, waives 100% reconstruction cap

On Aug. 12, 2025, the Bay City Zoning Board of Appeals unanimously approved a variance allowing a homeowner to replace a fire‑damaged dwelling on its existing footprint despite reconstruction costs that exceed 100% of the property's pre‑catastrophe fair market value as stated in the city's nonconforming-use rules.

Terry Dorey spoke for his brother, appellant Bruce Hopper, explaining the March 17 fire that destroyed the house and the family's effort to keep the replacement home on the original site. "He spent about 3 months in the hospital…we'd like to put a modular home on his existing footprint of the house," Dorey told the board. He said the family wants Hopper to remain in the neighborhood where he has lived about 40 years and where his friends and neighbors are close by.

Staff informed the board that the zoning ordinance limits reconstruction of a damaged structure to 100% of its pre‑catastrophe fair market value and that the estimated cost to rebuild the home likely exceeded that limit; staff cited an approximate reconstruction cost estimate in the range of $105,000 to $115,000 compared with the property's assessed or SEV‑based value. The applicant provided a structural engineering analysis confirming that the existing foundation could be reused for a one‑story modular home with a crawl space.

Board members considered the five variance standards. Several members said strict compliance would be unduly burdensome because rising construction costs make it impractical to rebuild to current standards within the 100% limitation. The board found the variance met the standards, including that the need was not self‑created and that no lesser variance would provide substantial relief.

Members voted by roll call: Larry Elliott — yes; Chris Greenleaf — yes; Jan Reis — yes; Charles Cogdon — yes; Douglas Reis — yes. After the primary motion, the board approved an amendment to make the variance effective immediately and then adopted the final motion; both votes were unanimous. Staff advised that once the applicant obtains building permits, the building official may issue time extensions related to pending insurance claims and that reconstruction timelines will be governed by building permits and the building official's schedule.

The approved variance applies to the nonconforming/dimensional aspects of the property and permits a replacement dwelling on the existing footprint. The board recorded that the applicant will still need to obtain building permits and meet building‑code requirements before construction begins.