Wolverine Lake ZBA approves rebuilt deck for Solano Drive home after safety concerns and broad neighbor support

The Wolverine Lake Zoning Board voted to approve a variance that will allow James Stewart to rebuild a deck at 2301 Solano Drive, citing safety concerns after the prior structure failed and widespread neighborhood support.

James Stewart told the board the deck that had been on the house for years became a safety hazard after structural failure; he said guests had fallen through boards and he removed the old deck rather than risk injury. Stewart said the new design reduces square footage and removes complex octagonal elements to lower construction costs while restoring practical outdoor space for his family.

Neighbors and frequent users of the property spoke at length in favor. Karen Stewart, the applicant’s wife, said the proposed deck matches the preexisting footprint and is intended to make the yard safe for children and guests. Blake Madison, a near-neighbor with deeded park access, and several others said the replacement would not impede lake views and would restore a longtime community gathering place. Bruce Bartles, who has lived across from Stewart for decades, told the board the property historically has had a deck and that the new structure would be consistent with that history.

Board members focused on the lakefront setback rules for accessory structures and whether the replacement was truly a like-for-like reconstruction. A building-inspector explanation on the record confirmed the municipality treats decks as accessory structures for setback calculations. Several members noted Oak Island and other lakefront properties in the jurisdiction are often nonconforming because of historical development patterns.

After reviewing checklist criteria — including special or unique conditions of the lot, whether the condition was self-created and whether the variance preserves the spirit of the ordinance — the board moved and seconded a motion to approve the variance for the deck replacement. The board also recorded that the applicant provided neighborhood support documents and that the replacement was to be built as shown in the submitted drawings without adding area beyond the scaled plan.

The board advised Stewart to contact the village building department for permit timing and inspections; staff estimated permitting and related paperwork could take approximately seven to ten days. The board closed the matter by approving the checklist items and the motion on the variance.

The Stewart deck was the meeting’s most contested public-comment item in terms of turnout; the board’s approval follows direct testimony about structural failure and multiple neighbors’ statements that the new deck would not harm lake views or neighborhood character.