Troy City Zoning Board of Appeals denies variance for carport at 2714 Creek Bend

The Troy City Zoning Board of Appeals on Tuesday denied a variance request that would have allowed a detached carport to be built in the side yard at 2714 Creek Bend, concluding the application failed key zoning standards and drawing opposition from the neighborhood homeowners association.

City staff introduced the request and showed aerials and renderings of the property; staff said the Troy zoning ordinance requires detached accessory structures to be located in the rear yard. Applicant representative Tyler McVay described yard renovations, a retaining wall and a recently added sunroom that, he said, shifted the usable rear yard and limited viable locations for a carport. “He’d like his vehicles to be protected,” McVay said, describing the proposed structure as a more permanent, shingled carport to match the house.

Paul Penoyer, president of the Hidden Valley Homeowners Association, told the board the HOA reviewed the project and voted not to approve it. “Structures of this kind are prohibited,” Penoyer said, citing the neighborhood’s declaration of restrictive covenants in place since 1977 and noting there are no carports in the subdivision. Penoyer said the association’s vote reflected concerns about neighborhood character and the scale of the proposed structure (he estimated roughly 17 by 25 feet).

During deliberations, board members focused on three statutory variance criteria. Board member James Macaulay, who moved to deny, cited criterion C (that hardships not be personal), criterion D (that the difficulty not be created by the owner), and criterion E (that the variance not alter the essential character of the area). Macaulay said the addition of the sunroom appeared to have created the dimensional difficulty and that the proposed carport would be out of character with the neighborhood. “That was automatically a no go,” Macaulay said. Board member Aaron Green added that the carport appeared supplemental rather than a true necessity and that the evidence indicated a personal—not a land-based—hardship.

The motion to deny, moved by Macaulay and seconded by Forrester, carried by recorded vote with five members voting to deny and none in favor (recorded as 5–0). City staff reminded the applicant that a denial may be appealed to the Oakland County Circuit Court.

Board members and staff also clarified permitting issues during the hearing. City staff said structures exceeding 200 square feet require a building permit and must meet both the Michigan construction code and local zoning requirements; structures under 200 square feet may be exempt from a building permit but still must comply with zoning locational rules.

The board’s denial closes the variance request for 2714 Creek Bend unless the applicant files an appeal or a new application. The board moved next to other business.