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Macomb Township approves consent judgment ordering homeowner to reconform nonconforming porch
Summary
After a brief closed session, the board approved a proposed consent judgment in PAC v. Macomb Township requiring the owner at 54828 Carnation Drive to rebuild a nonconforming porch within 60 days to meet setback requirements; the township reserved enforcement remedies and fee recovery.
Macomb Township trustees returned from a closed session on June 25 and voted to approve a proposed consent judgment in PAC v. Macomb Township (Macomb County case). The board’s motion to approve the consent judgment passed unanimously.
Township attorney Mr. Aloya summarized the agreement, saying the case concerns a porch at 54828 Carnation Drive that was built without a permit and was later found to violate side-yard setback rules. “They sought variance. The variance was denied by the ZBA, and then they filed suit,” Mr. Aloya said.
Under the consent judgment, the property owners are required to amend their permit and rebuild the porch so it conforms to township setback rules within 60 days. The document gives the township the right to inspect the work and, if the owners fail to comply, authorizes the township to remove the nonconforming elements and recover attorney fees and costs associated with enforcement.
Trustees made the motion to approve after the closed session; no public debate on the final language was reported in open session. The board recorded the vote as approved and the meeting then adjourned.
Ending — The township will monitor compliance through its building department inspections and pursue the enforcement remedies set out in the judgment if the owners do not complete the required reconstruction within the ordered timeline.
