Platted Subdivision Lot Size Issue

[Crash_46]

Michigan,
Some of you may remember my deck setback issue almost a year ago. I was issued a permit and 57 days after, due to a neighbor complaint i was forced into a world of ZBA meetings, attorney circle jerks and ultimately ordered to remove the deck all at my expense. In researching the issue which was stated by the township as a "road right of way setback problem" I discovered that MDOT had no problem with the deck and would be happy to release road right of way, but discovered that they had no "horse in the race", the right of way was established at time of plat review and was dedicated to the plat. Can the township still force the demolition?
I spoke with one surviving plat owner, and they are open to visiting their attorney to entertain releasing the right of way to me via quit claim deed. Do you think this will resolve the issue?

 

[HomeGuru]

Michigan,
Some of you may remember my deck setback issue almost a year ago. I was issued a permit and 57 days after, due to a neighbor complaint i was forced into a world of ZBA meetings, attorney circle jerks and ultimately ordered to remove the deck all at my expense. In researching the issue which was stated by the township as a "road right of way setback problem" I discovered that MDOT had no problem with the deck and would be happy to release road right of way, but discovered that they had no "horse in the race", the right of way was established at time of plat review and was dedicated to the plat. Can the township still force the demolition?
I spoke with one surviving plat owner, and they are open to visiting their attorney to entertain releasing the right of way to me via quit claim deed. Do you think this will resolve the issue?

**A: possibly, and I remember that your case was rather complex.

 

[Crash_46]

still can't figure out how one can have a permit one minute and poof gone the next. anyway...i have been through two zba hearings, both negative results. the "order" is to remove all but four foot platform w/stairs of the 14 x 32 deck. my "deadline" was mid may. my question at this point would be, should i wait for a court judgement and continue to attempt to increase the lot size ?
there seems to be a snag with getting around the subdivision act.
i thought obtaining a quit claim deed from the original plat owner was a formidable resolve? this would show that i have more property available to accomodate the setback?
the layout is 150 foot deep lot/ and i need more frontage to accomate the setback of 25feet.
this has been going on since last may, is it possible the township will not persue any further?

 

[HomeGuru]

still can't figure out how one can have a permit one minute and poof gone the next. anyway...i have been through two zba hearings, both negative results. the "order" is to remove all but four foot platform w/stairs of the 14 x 32 deck. my "deadline" was mid may. my question at this point would be, should i wait for a court judgement and continue to attempt to increase the lot size ?
there seems to be a snag with getting around the subdivision act.
i thought obtaining a quit claim deed from the original plat owner was a formidable resolve? this would show that i have more property available to accomodate the setback?
the layout is 150 foot deep lot/ and i need more frontage to accomate the setback of 25feet.
this has been going on since last may, is it possible the township will not persue any further?

**A: either buy more property such that you have the required setback or comply with the order.

 

[Crash_46]

is anyone familiar with the subdivision control act?
the property is not for sale. it is an right of way

 

[HomeGuru]

is anyone familiar with the subdivision control act?
the property is not for sale. it is an right of way

**A: then you are screwed again. Start the demo work soon.

 

[Crash_46]

mdot suggested that i have the plat owner sign a quit claim deed for 55 feet of the right of way what was established at plat review. i thought that was a reasonable resolve.
another little intersting ditty is that the township approved the plat for these lots against their own ordinance. ordinace says 20,000 sq ft/ lots are 15,000 sq ft..it's no wonder i have setback issues.
the other option would be to petition the court to "vacate" the land in question.
this is not impossible, just a little difficult to sort out.
it also appears that zoning administrators obtain their power through the ordinance, and the ordinance says that they can rescind a permit if it was obtained fraudulantly. my layout and maps were accurate and in no way misrepresented intented construction.
so would you still demo?

 

[HomeGuru]

mdot suggested that i have the plat owner sign a quit claim deed for 55 feet of the right of way what was established at plat review. i thought that was a reasonable resolve.
another little intersting ditty is that the township approved the plat for these lots against their own ordinance. ordinace says 20,000 sq ft/ lots are 15,000 sq ft..it's no wonder i have setback issues.
the other option would be to petition the court to "vacate" the land in question.
this is not impossible, just a little difficult to sort out.
it also appears that zoning administrators obtain their power through the ordinance, and the ordinance says that they can rescind a permit if it was obtained fraudulantly. my layout and maps were accurate and in no way misrepresented intented construction.
so would you still demo?

**A: yes becase even if you aquired more land, the land is in the right of way and in a previous thread you stated that you cannot build in a right of way per the zoning ordinance.

 

[buzzards27]

Start the demo...

"another little intersting ditty is that the township approved the plat for these lots against their own ordinance. ordinace says 20,000 sq ft/ lots are 15,000 sq ft..it's no wonder i have setback issues."

"it also appears that zoning administrators obtain their power through the ordinance, and the ordinance says that they can rescind a permit if it was obtained fraudulantly. my layout and maps were accurate and in no way misrepresented intented construction."

In reply to both points:

You'll find that the Township can rescind the zoning permit even if you suffer harm by it. A zoning permit that was not issued legally and shouldn't have been issued is a nullity and has no force. You are not going to save the deck because they made a mistake (or two).

Short of demo, doing something like mdot suggested is probably your only chance.

 

[Crash_46]

thank you gentlemen

 

[HomeGuru]

You are welcome.