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ZBA approves reduced front and side setbacks for proposed home at 69211 Eagle Drive
Summary
The Paw Paw Township Zoning Board of Appeals granted variances allowing a new home at 69211 Eagle Drive to be sited with a 16-foot front setback and an 8-foot east-side setback, finding a central wetland and surrounding development justified relief. The motion passed 5-0.
Phillip Arbanas, chairman of the Paw Paw Township Zoning Board of Appeals, opened a public hearing on Dec. 17 on a variance request from Field and Vine Development Group to build a new home at 69211 Eagle Drive with a 16-foot front setback instead of the 50-foot minimum and an 8-foot east-side setback instead of the required 15 feet.
Applicant Jeremy Vainavicz said the proposed house was shifted east to achieve a 16-foot front setback, that the east-side setback would be reduced to 8 feet, and that the proposed parking area would accommodate at least four vehicles with additional parking available in the clear front yard outside the public right-of-way. Chairman Arbanas noted written opposition from John and Izabelle Hosek and an email of opposition from Courtney Lindsey.
Board members considered existing conditions on nearby lots and concluded the property’s centrally located wetland created a unique hardship. The ZBA made detailed findings under Section 42-11.03 B.4.a of the Paw Paw Township Zoning Ordinance: strict compliance would unreasonably prevent use because filling the wetland, shrinking the house, or rearranging septic and house placement would be unduly burdensome; granting the variance would do substantial justice given neighboring homes with short setbacks; a lesser variance would not provide adequate relief for the applicant’s stated house size (2,052 square feet); the hardship arises from the site’s wetland and is not self-created; and granting the variances would be consistent with the ordinance’s spirit and public safety considerations.
Neil Boff moved to approve the variances based on the board’s findings and the township planner’s December 10 staff report; Nate Smallcombe supported the motion and the board approved it 5-0.
The ZBA’s approval authorizes the applicant to site the proposed residence with the reduced setbacks described above. There was no spoken public comment at the hearing. The board recorded the formal motion and vote; no conditions beyond the findings and staff report were stated at the meeting.
