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ZBA allows rebuild on existing foundation with reduced waterfront and side setbacks
Summary
The Zoning Board of Appeals unanimously approved variances Dec. 17 permitting reconstruction on an existing nonconforming foundation at 35321 51st Avenue, granting a five-foot east-side setback and a 43-foot waterfront setback where 15 and 50 feet are required, citing the foundation’s preexisting placement and an apparent permit miscommunication.
The Paw Paw Township Zoning Board of Appeals voted 5–0 Dec. 17 to approve variances enabling reconstruction of a single-family home at 35321 51st Avenue on an existing, nonconforming foundation. The board approved a five-foot east-side setback (15 feet required) and a 43-foot waterfront setback (50 feet required).
Applicant Jacob Stout described plans to rebuild a two-story residence with an approximately 1,600-square-foot footprint and about 2,600 square feet of total floor area on the existing foundation. The board considered background provided by staff that the demolition and reconstruction were partly the result of an apparent miscommunication with SAFEbuilt about the applicability of nonconformity rules. A letter of support from Mary Ann Middaugh (35361 51st Avenue) was noted.
The ZBA applied the variance standards in Section 42-11.03 B.4.a and found the circumstances—specifically the preexisting nonconforming foundation and the change in setback requirements over time—justified the requested relief. The board’s findings included that strict compliance would unreasonably prevent reuse of the foundation, that the variances would do substantial justice, and that the hardship was not self-created. Member Trish Downard moved to approve the variances; Neil Boff seconded, and the motion passed 5–0.
The transcript records the board approving the variances without recording additional conditions or a specific timeline for building permits. The board relied on the staff report and the facts presented at the hearing; the transcript does not explicitly identify whether Jacob Stout is affiliated with Anchored Builders beyond Caleb Stout being listed with that company in the agenda header.
