Pell Harbor planning commission denies variance for garage setback by one vote

PELL HARBOR — The planning commission voted 3-2 Monday night to deny a variance request that would have allowed Kenneth Vossler to rebuild his garage eight feet from the rear property line instead of the required eleven.

Vossler, who owns the property at 447 Linden Street, told the commission his existing garage had stood eight feet from the line since 1962 and that he sought only to replace it with a structure of identical dimensions. The original garage was demolished in November after the roof collapsed under snow load.

Existing nonconforming use cited

Commission chair Barbara Heilman said the 1962 garage predated the township's 1973 zoning ordinance and had been considered an existing nonconforming use. "Once that structure is removed, the nonconforming status is lost," Heilman said. "We're not talking about repair. We're talking about new construction."

Vossler argued that the three-foot variance would not impact neighboring properties and that moving the garage forward would require removing a mature blue spruce and repositioning his driveway access. "I'm asking to put back what was there for sixty years," he said.

Commissioner Raymond Goss voted in favor of the variance, along with Thomas Kreider. "The man's garage fell down," Goss said. "We're being legalistic about a spruce tree."

Commissioner Linda Portmann, who voted against the variance, said the commission had denied similar requests in the past and that granting this one would create precedent. "Every case is unique until we approve it," she said. "Then it becomes the standard."

Appeal period begins

Vossler has thirty days to appeal the decision to the township board of appeals. Planning commission meetings are held the second Monday of each month at the township hall.

The commission also approved a site plan for a storage addition at Dormer's Lanes and tabled discussion of revised signage standards for the commercial district pending further review by the township attorney.