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ZBA approves side-setback variances for 49431 Hillcrest Avenue deck
Summary
The Paw Paw Township Zoning Board of Appeals unanimously approved variances for Nicole Cox to replace a rear porch with a deck at 49431 Hillcrest Avenue, reducing required side setbacks to 12 feet and 3 feet per side because the lot is narrow and nonconforming in the Waterfront Area district.
On Sept. 18 the Paw Paw Township Zoning Board of Appeals approved variances permitting Nicole Cox to construct a replacement deck at 49431 Hillcrest Avenue, reducing the required side setbacks from 15 feet to 12 feet and 3 feet per side. The motion passed 4-0.
Chairman Phillip Arbanas summarized the application for the WFR-zoned lot, saying the parcel measures approximately 0.20 acres (8,508 square feet) and is about 210 feet deep overall but only about 42 feet deep at the rear elevation. The board noted the lot is nonconforming for Waterfront Area minimum lot size (30,000 sq ft) and lot width (100 ft). Nicole Cox described the project during the public hearing and said she had been working to gain approval; the hearing opened at 7:17 p.m. and closed at 7:19 p.m.
Board members reviewed the Planner’s six variance standards and concluded that strict enforcement of the WFR setbacks would prevent a reasonably sized deck on the narrow lot, that the requested relief was the minimum necessary, and that the hardship predates the current owner. Trish Downard moved to approve the variances and Neil Boff supported the motion; the board approved the request by a 4-0 vote.
The approval allowsNicole Cox to replace the rear porch with a replacement deck under the reduced side-setback standards approved by the board.
