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Assistant city attorney tells Troy ZBA: 'Start with the answer being no' and document facts for each variance element
Summary
During a lengthy training, the assistant city attorney advised the Troy ZBA to apply facts to each of five variance elements, use provided motion templates, and make detailed findings to withstand appellate review.
The Troy City Zoning Board of Appeals received an extended training from the assistant city attorney on the legal standards and recordkeeping expectations for variance decisions.
The attorney told the panel that when reviewing dimensional variance applications members should "start with the answer being no" and require applicants to meet all five elements (exceptional characteristics, relation to the premises, not personal, not self-created, and compatibility with the neighborhood). He warned that courts have increasingly reversed or remanded decisions where motions and findings lacked factual specificity and urged the board to "plug in the facts" to each element so an appellate reviewer can follow the reasoning.
The trainer provided examples (triangle lots, terrain, easements) and draft templates meant to help members make findings that tie specific facts to each legal element. He said the templates would be updated to bold each element and include sample fact language so motions can be thorough and defensible in the event of an appeal to the Oakland County Circuit Court.
