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Paw Paw Township ZBA approves reduced setbacks, larger lot coverage for Fairbanks property
Summary
The Paw Paw Township Zoning Board of Appeals voted 3-1 to grant multiple variances for 49404 Fairbanks, allowing reduced front and side setbacks, a new attached carport, and an increase in lot coverage from 30% to 40%. The board cited the property’s exceptionally narrow lot as justification.
The Paw Paw Township Zoning Board of Appeals on July 16 approved variances allowing an attached front carport and an east-side addition at 49404 Fairbanks, despite objections from Chairman Phillip Arbanas.
Board Member Trish Downard moved to grant the relief, citing the Township Planner’s findings; Member Neil Boff supported the motion. The board voted 3-1 (Downard, Nate Smallcombe and Boff in favor; Arbanas opposed) to: reduce the west side setback from 15 feet to 2 feet for a new attached carport; reduce the east side setback from 15 feet to the lesser of 3 feet 4 inches or 2 feet for an addition; reduce the front setback from 50 feet to approximately 8 feet from the street easement for the carport; increase maximum lot coverage from 30% to 40%; and allow a 12-inch overhang beyond the approved setbacks.
Applicant James (Jim) Van Horn, appearing on behalf of property owner Dale Schuring, described plans that include an east-side addition within the footprint of an existing deck and a south-facing attached carport. Township Planner David Jirousek told the board there was a discrepancy between the dimensions on the application and the Zoning Administrator’s measurements and reminded the board that any work must comply with fire and building codes.
Board members debated the proposal’s proximity to neighboring homes. Member Nate Smallcombe said the proposed side setbacks were very narrow and expressed concern about closeness between structures. Downard and Boff noted that several nearby houses already encroach on setback areas and that the carport’s open design reduces some safety concerns; Arbanas said he remained worried about buildings being too close but was the sole dissenting vote.
In its written findings the board concluded that strict compliance with the Zoning Ordinance would unreasonably prevent sheltered parking and significantly limit living-space expansion; that granting the variances would do substantial justice given the pattern of nonconforming lots nearby; that the lot’s unusual dimensions (approximately 40 feet wide and about 4,494 square feet versus the WFR district minimums cited in the record) create a hardship not self-created by the current owner; and that the limited scale of the requested relief preserves the spirit of the ordinance while protecting public safety.
The property is identified in the record as parcel #80-14-635-002-00. The motion to approve the variances was made by Downard and supported by Boff. The board adjourned at 7:33 p.m.
