BZA approves use variance allowing duplex at 50 East Michigan with parking and design conditions

The Town of Clayton Board of Zoning Appeals voted to allow a two-family dwelling at 50 East Michigan, approving a use variance and attaching stipulations for parking and design that the board said must fit the Old Town character.

The decision follows a petitionerpresentation by Robert Hoffman, who identified himself as the property owner and said he intends to remove a rundown home on the corner of Pennsylvania and Michigan streets and replace it with a higher-quality duplex. "I'm interested in developing the property," Hoffman said, adding he was asking only for a duplex tonight and that he would "hold myself to a design standard that would reflect the neighborhood."

Why it matters: the lot lies in an R-5 residential district where multifamily beyond two units generally requires rezoning; the BZA can approve a use variance to allow a two-family dwelling without a zone change. Neighbors said the board should protect the walkable, "old town" character of the area and raised safety concerns about short driveways and traffic at a busy intersection near the post office and downtown businesses.

During public comment, Wayne Long, who said he lives at 4820 Pennsylvania Avenue, urged the board to enforce the town's standard 15-foot setback and described vehicle egress at the corner as a safety concern: "cars are going to be partially blocking that driveway" and people could be forced into the street.

Hoffman told the board the 15-foot setback would remain under R-5 and that he was not seeking to place structures closer to the sidewalk. He described the existing house as unsalvageable and said he expected to provide at least one-car garages per unit and strict parking rules to keep vehicles off the street. "It would behoove me to have very strict rules about parking," he said.

Board discussion focused on applicability of the UDO and the permit process. Staff and a consultant planner explained that if the petitioner later needs a building-permit determination that is denied by the town manager or building official, the petitioner may appeal and return to the BZA for review. The board noted it could attach stipulations on parking and design when approving the variance but does not require final building drawings at the variance stage.

A motion to approve the variance permitting a two-family dwelling, with requirements to maintain R-5 development standards and provide on-site parking and neighborhood-appropriate design, was made, seconded and approved by voice vote. The Chair announced, "Motion carries." The meeting minutes and the permit-review process will record any specific stipulations when staff processes the building permit.

Next steps: the petitioner will apply for a building permit; staff will review compliance with the board's conditions and the town's development standards. If the building permit is denied, the petitioner may appeal to the BZA.