Troy Zoning Board denies variance for 2578 Devonwood after neighbors and HOA oppose attached garage

The Troy Zoning Board of Appeals denied a variance request for 2578 Devonwood on a 5-0 vote, rejecting a plan to attach a newly started garage to the house with a breezeway and reduced side and rear setbacks.

City staff told the board the applicants sought permission to attach a garage so the addition would sit 9 feet from the side property line and 35 feet from the rear line, where the city zoning ordinance requires 15 feet and 45 feet respectively. Staff also said a permit for a detached garage had previously been issued and a foundation was poured before work stopped after homeowners association objections.

Why it matters: The decision resolves a dispute between the property owners and the Hickory Heights Woods homeowners association about whether multiple or detached garages are allowed under deed restrictions. Board members emphasized their jurisdiction is limited to city code: they may grant variances only when applicants meet the five practical-difficulty criteria in city regulations. Several board members concluded the applicants had an alternative that complied with city rules (a detached garage) and that attaching the structure created the need for a variance, which counted against the practical-difficulty showing.

Applicant and attorney: Sean Horvath of Lunar Construction, speaking for the owners, said the hardships are the lot’s irregular shape and an existing 9-foot easement that constrain where a garage can be sited: “The hardships that we're proposing this evening is basically based on the, the size and shape of the lot,” Horvath told the board. Attorney Richard Linnell, representing the applicants, told the board the HOA deed restrictions are old and ambiguous and said there is not a clear prohibition on detached garages in the recorded restrictions.

Neighbors and HOA opposition: Multiple neighbors and an HOA representative told the board the association and residents oppose the plan. Matt Osecki, a homeowners-association member who lives two houses down, said the HOA did not find a hardship and contended the owners began construction without association approval. “We don't believe there is a hardship,” Osecki said. Neighbors raised concerns about the size of the proposed structure, sight lines from an adjacent public park and the potential effect on property values.

Board deliberation and vote: Board members discussed that a detached garage would meet city standards but that connecting the garage to the house via a breezeway triggers stricter setback requirements. Citing the board’s practical-difficulty criteria and the fact the situation was created by the applicant’s choice to attach the garage, Mister Eisenbacher moved to deny the variance; Mister Desmond seconded. The roll-call vote recorded affirmative votes from Mister Macaulay, Mister Bostonbrook, Mister Eisenbacher, Mister Kinkry and Mister Desmond. The chair announced, “Motion to reject the variance request has passed,” and the variance was denied.

What happens next: The denial means the owners may redesign to meet city setback requirements (for example, by building a detached garage that complies with city standards) or pursue a separate legal resolution with the homeowners association. The board noted any dispute over HOA deed restrictions would be a private matter between the HOA and the owner and, if contested, could be resolved in court; staff reminded the public that appeals of a board decision may be taken to Oakland County Circuit Court.

The board concluded its business and adjourned after announcing the denial and reading its correspondence for the meeting.