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ZBA unanimously OKs reduced rear setback for Palmer Drive home

Paw Paw Township Zoning Board of Appeals · March 18, 2026
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Summary

The Paw Paw Township Zoning Board of Appeals on March 18 approved a variance allowing Palmer Drive LLC - LCH to build a roughly 3,000-square-foot home with a 24-foot rear setback instead of the 50 feet required, finding lot dimensions create a unique hardship.

The Paw Paw Township Zoning Board of Appeals unanimously approved a variance on March 18 allowing Palmer Drive LLC - LCH to construct a single-story home with a 24-foot rear setback where the Waterfront Area (WFR) zoning district requires 50 feet.

Chairman Phillip Arbanas opened the public hearing and described the request; applicant Andy Louwaert, joined by Jeffrey Grendel, said the lot's shallow depth makes it difficult to satisfy both the 50-foot front and rear setbacks while accommodating a septic system, drainfield and well. Township Planner David Jirousek's March 10, 2026 staff report noted the proposed home would be approximately 3,000 square feet and that the lot coverage would be about 23 percent, under the 30 percent maximum for the district.

The ZBA framed its approval around the six findings required by Section 42-11.03 B.4.a of the Paw Paw Township Zoning Ordinance. The board concluded strict compliance would force an impractical 35-foot-deep by 120-foot-wide footprint and that a shallower, wider footprint would be "unnecessarily burdensome." The board also found granting the variance would do substantial justice by permitting a house size and arrangement consistent with neighboring properties, that a lesser variance would not provide meaningful relief, and that the hardship stems from the lot's physical characteristics rather than actions by the applicant. The board noted the lot is about 68 percent of the required size for the WFR district.

Trish Downard moved to approve the variance based on the staff report and the board's findings; the motion was supported by Neil Boff and passed 5 to 0. The record lists the vote as Ayes: Phillip Arbanas, Nate Smallcombe, Neil Boff, Tom Beam and Trish Downard; Nays: None.

The site plan submitted with the application shows the house footprint, an attached garage, a driveway to the public street, a septic tank toward the rear with a drainfield in the northwest portion of the lot, and a well in the southwest corner. The board discussed ownership of the property to the rear and concluded the proposed rear setback is consistent with nearby homes.

The meeting earlier approved the published agenda and the minutes from Dec. 17, 2025 (each by 5-0 vote). No members of the public offered comment on non-agenda items. The board adjourned at 7:11 p.m., following a motion by Neil Boff supported by Trish Downard that passed 5-0.