ZBA allows reconstruction on existing foundation at 35321 51st Avenue despite reduced setbacks

Chairman Phillip Arbanas opened a public hearing on Dec. 17 for a variance request noted in the agenda under Caleb Stout (Anchored Builders) to reconstruct a single-family dwelling on an existing nonconforming foundation at 35321 51st Avenue, seeking a five-foot east-side setback in lieu of the required 15 feet and a 43-foot waterfront setback in lieu of the required 50 feet.

Jacob Stout told the board he sought retroactive approval to rebuild a two-story residence on the existing foundation, describing an approximate 1,600-square-foot building footprint and roughly 2,600 square feet of total floor area. Township staff (Jirousek) explained that demolition and reconstruction occurred in part because of an apparent miscommunication between the applicant and SAFEbuilt regarding the applicability of zoning requirements and nonconformity regulations. 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: strict compliance would unreasonably prevent the owner from using the property because demolishing the house would be unduly burdensome; granting the variances would allow reasonable reuse of the existing foundation; a lesser variance would not provide substantial relief; the hardship stems from the preexisting nonconforming foundation; the need for relief was not self-created given changing setback requirements over time; and granting relief would observe the ordinance’s spirit and secure public safety.

Trish Downard moved to approve the variance requests based on these findings; Neil Boff supported the motion and the board approved it 5-0.

The board’s approval permits reconstruction on the existing foundation with the reduced setbacks described above. The motion and vote were recorded; the minutes cite the planner’s staff materials and note no additional spoken public testimony at the meeting.