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Zoning board denies rear‑yard variance for pavilion at 307 Barclay Ave
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Summary
The Ann Arbor Zoning Board of Appeals denied a petition to allow 65% rear‑yard coverage at 307 Barclay Ave to construct a 24‑by‑20 pavilion attached to an existing garage, finding the request did not meet the minimum‑variance standard and could be achieved outside the setback or with temporary structures.
The Ann Arbor Zoning Board of Appeals on a voice and roll‑call vote denied a request to allow a 30% rear‑yard setback variance at 307 Barclay Ave that would have increased rear‑setback coverage to roughly 65% to accommodate a 24‑by‑20‑foot pavilion attached to an existing detached garage.
John Barrett, the city’s zoning coordinator, told the board the property is zoned R1D, the lot is 6,621 square feet and the pavilion would bring the rear‑setback coverage to about 65% where 35% is the maximum normally allowed. He said a previously built pavilion had been removed after a notice of violation, and the applicant now seeks a permanent variance to rebuild. "If the variance is approved, the total coverage of the three structures in the rear setback will be garage 240 square feet, carport 165 square feet and pavilion 240 square feet, for an approximate total of 645 square feet," Barrett said during his presentation.
Petitioner representative Jim Monty asked the board to approve the variance, describing community uses at the house including tailgating and volunteer visits to hospitalized children. "We have tailgating parties there and we also host...a group of kids," Monty said, noting the existing pavers and programmatic uses that he said make the pavilion functional for the property.
Several board members said the request failed the board’s minimum‑necessary test. "This pavilion could be put in other places on this lot," board member Julie (Wetherby) said. "It doesn't seem like it's the minimum necessary." Todd Grant questioned whether a temporary tent for game days would avoid the need for a permanent variance; Barrett confirmed temporary structures could be used for events and would not require a variance. Multiple members echoed concerns about precedent and the ordinance criteria, saying they could not find grounds to approve a permanent deviation from the rear‑setback coverage standard.
A motion to grant the variance was made and supported, but the roll‑call resulted in a majority of "no" votes and the chair announced the request was denied. Chair Candace Breyer stated the board had considered the five statutory factors for variance relief and concluded the application did not meet those standards. "The request is denied," she told the room.
The board did not receive any written letters of communication on the item, and no members of the public signed in to speak on this case during the meeting’s public‑comment window. The board moved on to its next agenda item after the vote.
