Elberta ZBA approves setback variance for 351 Crapo St., requires gutter

ELBERTA, Mich. — The Village of Elberta Zoning Board of Appeals voted unanimously Aug. 15 to approve a dimensional variance for a homeowner at 351 Crapo Street that will allow a bedroom and bathroom addition despite an existing six-inch side-yard setback.

President Jennifer Wilkins opened the public hearing and summarized the board’s role in considering exceptions to local zoning: “The purpose of zoning ordinances are to establish zoning districts … to promote the health, safety and general welfare of the public and of the village,” she said. The hearing considered potential conflicts between the village zoning code and an existing nonconforming structure.

Applicants Thomas and Lynn Webster told the board they want to add a bedroom and bathroom but cannot place the addition on the opposite side of the house because exterior basement egress is located where the addition is proposed. Zoning Administrator Josh Mills reviewed Article 19 (side-yard setback) and Article 22.04 (nonconforming structures), noting the ordinance requires a 10-foot side-yard setback while the existing house sits approximately six inches from the lot line. Mills also said the residence is about 600 square feet versus a listed minimum of 800 square feet and that the structure predates the zoning ordinance.

Neighbors did not file written comments. Marilyn Maslow spoke in favor of the variance, and no members of the public spoke in opposition. Board member Brett McGregor asked when the Websters purchased the property; they said September 2021. Discussion among members referenced building-era estimates (owners said 1970s; one member recalled the 1950s) and whether narrow setbacks should be handled through building-code requirements such as fire-rated wall assemblies rather than zoning changes.

During deliberations the board voted through the nonuse-variance criteria in Section 6.05. The panel found practical difficulties, substantial justice, public safety and welfare, absence of safety hazard or nuisance, and a compatible relationship to adjacent land uses met the standard (all members voting Yes on those items). The criterion “extraordinary circumstances” produced split votes: Fiebing and Votruba voted No; McGregor, Holmes and Wilkins voted Yes.

Trustee Emily Votruba moved, and Ryan Fiebing seconded, a motion to approve the variance with the explicit condition that a gutter be installed to manage stormwater. The motion passed on a roll-call vote of 5-0 (Fiebing Aye; Holmes Aye; McGregor Aye; Votruba Aye; Wilkins Aye).

The board record notes that ZBA decisions are semi-judicial and may be appealed to the Benzie County Circuit Court. With the approval and the required gutter condition, the Websters may proceed with the proposed addition subject to applicable building permits and any building-code requirements.

Minutes show no additional ZBA business, and the meeting adjourned at 6:37 p.m.