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Troy ZBA approves variance for shed at 43550 Upton Drive, requires fence maintenance
Summary
The Troy City Zoning Board of Appeals unanimously granted a front-yard variance allowing a 12-by-8 shed at 43550 Upton Drive, conditioned on the owner maintaining the existing six-foot privacy fence; the board cited the lot—s unusual shape and limited buildable area.
The Troy City Zoning Board of Appeals voted unanimously to grant a variance allowing a detached accessory structure to be placed in the front yard at 43550 Upton Drive.
Mister Fox moved to approve the variance, citing "exceptional characteristics of the property" related to the lot—s unusual shape and the inability to place the shed elsewhere without additional setback variances. The motion included a condition that the existing six-foot privacy fence be maintained to city standards; the board seconded and recorded seven "yes" votes. The vote satisfied the board—s thresholds for a dimensional variance and the motion carried.
Applicant Brad Van Damlin told the board he and his wife moved into the home at the end of May and need the shed for a riding mower, snowblower and other yard equipment. He described the lot as a trapezoid and said the northeast corner from house to lot line is "only 19 feet," making rear-yard placement impractical. Van Damlin also asked the board to note that a six-foot vinyl fence and a large evergreen would screen most of the structure; he said he would maintain the fence if the variance was approved. "The proposed shed location will not unreasonably diminish established property value," he read from his statement during presentation.
Staff displayed aerial maps and the site plan, noting the shed dimensions at roughly 12 by 8 feet with a 7-foot wall and a 9-foot-5-inch peak and confirming that the ordinance (zoning ordinance section 7.03(b)(2)(a)) would ordinarily require accessory structures to be in the rear yard. Board members pressed on alternatives and setbacks (10 feet from the house, 6 feet from the side/rear property line) and concluded the requested placement, combined with the lot—s corner-frontage configuration, presented a practical difficulty.
The board—s approval followed a brief public hearing that produced one piece of written correspondence in support from Thomas and Sue Cook of 2855 Bolingbrook Drive. The board—s recorded vote was: Mister Kenrick — Yes; Mister Forster — Yes; Mister Green — Yes; Mister Fox — Yes; Mister McCauley — Yes; Miss Chambers — Yes; Mister Eisenbach — Yes. The variance was granted with the maintenance condition and no further action was required at the meeting.
