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Paw Paw Township ZBA approves variances so homeowner can rebuild deck and sunroom in existing nonconforming locations
Summary
On Aug. 20, 2025 the Paw Paw Township Zoning Board of Appeals voted 4-0 to grant two variances allowing a homeowner at 68124 Park Drive to rebuild a deck and sunroom in their current, nonconforming locations; the board based its decision on the Township Planner's findings on the six statutory criteria.
The Paw Paw Township Zoning Board of Appeals voted 4-0 on Aug. 20 to grant variances permitting a homeowner at 68124 Park Drive to replace a deck and a sunroom in their existing, nonconforming locations.
Chairman Phillip Arbanas opened the public hearing on the application by Dwayne A. Herd and summarized the request as seeking permission "to rebuild the deck and sunroom in the exact same location." No members of the public spoke during the comment period.
The board reviewed the Township Planner's August 12, 2025 report, which evaluated the request under the six statutory variance criteria. The Planner found that strict compliance with the 15-foot side-setback requirement in Chapter 42, Article 6, Attachment 3 of the Paw Paw Township Zoning Ordinance would unreasonably prevent rebuilding the aging sunroom and deck in the same footprint, and that nearby properties already displayed similar nonconforming side-yard conditions. The report said the lot width is narrower than required in the WFR zoning district (approximately 80% of the required width), which contributes to the difficulty of meeting current setbacks.
Based on those findings, Member Neil Boff moved to approve two variances: a replacement deck to be located six feet from the side property line (in lieu of the required 15-foot setback) and a replacement sunroom to be located 14 feet from the side property line (in lieu of 15 feet). Member Nate Smallcombe supported the motion. The board voted Aye: Phillip Arbanas, Nate Smallcombe, Neil Boff and Tom Beam; Nays: none.
The Planner's report also concluded that granting the limited relief would do substantial justice to the applicant without materially increasing the degree of nonconformity and that the hardship was not self-created because the nonconforming dwelling predated stricter setback rules in the WFR district.
The board recorded no conditions beyond the variance approvals. There was no old business and no additional public comment. Member Smallcombe moved to adjourn at 7:23 p.m.; Member Beam supported the motion and it passed 4-0. The minutes were prepared by David Jirousek on Aug. 25, 2025 and were approved Nov. 19, 2025.
