Variance denied

Asked January 26, 2017, 10:02 AM EST

A resident built a garage addition without a permit that did not meet the requirements of the Ordinance. He asked to go to the ZBA for a variance, which was denied. He removed the addition, and more than a year later he wants to go to the ZBA for the same addition to see if they would reconsider. Shouldn't he have appealed to the Circuit court after the ZBA's denial? Also, would he be allowed to go back to the ZBA if he asked for a lesser variance now? Thank you

Iosco County Michigan variance zoning board of appeals nonuse variance

1 Response

In Michigan an appeal to circuit court of a zoning board of appeals action must be done within 30 days of the signed decision, or within 21 days of the approved minutes of the decision (whichever is first). After that the option to go to court is gone.

As to if a zoning board of appeals hears a case again, or accepts a request to reconsider will depend on now the zoning ordinance is written. The answer to your questions will be in the zoning ordinance.