Zoning Board of Appeals

Asked August 5, 2015, 9:04 AM EDT

The Zoning Board of Appeals convened on August 4th to consider a property owners request for a variance allowing them to build an addition to an existing garage with only a 5ft set back instead of the zoning required 10ft. I asked what precluded them from meeting the zoning requirement,the answer was that the garage was already at 10ft. There was no substantive,or significant reason given. Only that the owner's were now going to live there on a permanent basis. As a member of the County Planning Commission I objected to the granting of the request on that basis. The ZBA granted the request anyway. Is there any remedy?

Presque Isle County Michigan

1 Response

Appeals of zoning board of appeals go directly to the circuit court for the county in which the property is located. MCL125.3605 through 3607( Mich Zoning Enabling Act) details the process for an appeal.

To appeal the decision, a person who is aggrieved by the decision must file an appeal within 30 days of the decision or 21 days of the approval of the minutes. An aggrieved party is typically someone who was notified of the variance hearing .