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Paw Paw Township ZBA approves waterfront setback variances for 51353 Summit Street

Paw Paw Township Zoning Board of Appeals · September 18, 2024
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Summary

The Paw Paw Township Zoning Board of Appeals unanimously approved variances allowing Tim and Holly Harris to replace a deteriorated porch with a low-level deck at 51353 Summit Street, reducing the side setback to 5 feet and the waterfront setback to 29 feet due to the lot's narrow, nonconforming size.

The Paw Paw Township Zoning Board of Appeals on Sept. 18 approved variances that will allow Tim and Holly Harris to replace a deteriorated concrete porch with a low-level deck at 51353 Summit Street, reducing the required side setback from 10 feet to 5 feet and the waterfront rear setback from 50 feet to 29 feet. The motion passed 4-0.

Chairman Phillip Arbanas summarized the application and the parcel’s dimensions, saying the lot is approximately 0.15 acres (6,446 square feet) and roughly 140 feet deep, with only about 50 feet of depth at the rear building elevation. The property is zoned Village Edge (VE) and the board noted the lot is nonconforming for VE lot size (10,000 sq ft) and width (80 ft). Holly Harris described the project and provided photos to board members during the public hearing, which opened at 7:08 p.m. and closed at 7:10 p.m. A written letter of support from next-door neighbors Frank and Penny Stout was read into the record.

Board members reviewed the Planner’s six variance standards. They found strict compliance with the ordinance would unreasonably prevent a reasonably sized waterfront deck on the exceptionally narrow lot; that the requested relief was the minimum necessary; that the hardship arose from unique lot dimensions rather than any action by the current owner; and that a modest, low-level deck would secure public safety and observe the spirit of the 50-foot waterfront setback. Based on those findings, Neil Boff moved to approve the variances, Trish Downard supported the motion, and the board approved it 4-0.

The board’s action grants the Harris family limited reduction in setbacks so they may replace the existing porch with the proposed deck. The meeting then proceeded to consider a similar variance request for another waterfront property.