Get Full Government Meeting Transcripts, Videos, & Alerts Forever!
Get email alerts on the Zoning Setbacks topic
No spam. Unsubscribe anytime.
Eastpointe adopts 3‑foot setback for detached garages after debate on grandfathering
Summary
Council voted 3–2 to adopt ordinance 26‑1254 requiring a minimum 3‑foot side/rear setback for detached accessory buildings. Council members and residents debated whether destroyed garages should be allowed to rebuild to prior two‑foot setbacks.
Eastpointe City Council voted to adopt ordinance 26‑1254 on Feb. 17, changing the minimum side and rear setbacks for detached accessory buildings to three feet.
Supporters said the change responds to safety concerns and modern building standards. John Myers, the city’s building official, explained measurements and safety considerations, saying older structures and overhangs complicate clear measurement and increase fire risk. "Your garage is a place that is full of dangers ... you store things in there," Myers said while urging caution about water runoff and roof overhangs.
Several residents and council members pushed back, arguing the change could penalize homeowners who built older garages with two‑foot setbacks. Jennifer Nicholas, who identified herself as an Eastpointe resident, urged the council to retain a 2‑foot setback or to add explicit language allowing existing detached accessory buildings to be rebuilt to their original setbacks if destroyed by fire or disaster. She said she has multiple garages in her neighborhood that sit at two feet and worried the change would create nonconforming structures and force reductions in size when homeowners rebuild.
Council discussion focused on whether the ordinance needed explicit "grandfathering" language. The city attorney advised that additional language was not legally required, and council members debated whether to instruct the planning commission to draft clarifying language. Ultimately the council approved the ordinance on second reading by roll call; recorded votes show three members voting yes and two members voting no.
What the ordinance does: it amends the zoning code so that the side and rear yard setback for detached accessory buildings is a minimum of 3 feet. What it does not do tonight: the council did not add explicit statutory language guaranteeing that every previously two‑foot garage may be rebuilt in the exact prior footprint after complete destruction; staff said repair and limited reconstruction typically are treated differently from a full new build, but some residents told council that existing code language may not protect all rebuilding scenarios.
Next steps: Planning staff and the planning commission may be asked to review implementation language and possible amendments to clarify rebuilding allowances for existing structures.
