[{"_1":2,"_86":-5,"_87":-5},"loaderData",{"_3":4,"_26":27},"root",{"_5":6,"_17":10,"_18":19,"_20":21,"_22":10,"_23":-5,"_24":-5,"_25":10},"user",{"_7":8,"_9":10,"_11":10,"_12":-5,"_13":-5,"_14":15,"_16":-5},"roles",[],"isAuthenticated",false,"isPremium","planName","subscriptionStatus","featureFlags",{},"insightsBudget","isDevelopmentHost","userPreferences",{},"recaptchaSiteKey","6LcvOJcUAAAAAHsB-gPGfGktcRlKpH7OTIU_dMTD","isImpersonating","impersonation","affiliateStatus","isFreedomPortal","routes/v2/article/layout",{"_28":29,"_30":31},"notFound",true,"relatedArticles",[32,74],{"_33":34,"_35":36,"_37":38,"_39":40,"_41":42,"_43":44,"_45":46,"_47":48,"_49":50,"_51":52,"_53":54,"_55":56,"_57":58,"_59":60,"_61":62,"_63":64,"_65":66,"_67":68,"_69":70,"_71":68,"_72":56,"_73":56},"mediaId",6497566,"mediaKeyId","5581126-3d601799e38af1f763d514ae2939106e","parentId",5581126,"title","Zoning Board approves replacement home on existing footprint after fire, waives 100% reconstruction cap","audioSeconds",1287,"startMs",2208359,"endMs",3495435,"viewUrl","/Search/View?dp=1&key=5581126-3d601799e38af1f763d514ae2939106e&start=2208&end=3495","thumbnailUrl","https://assets.pipeline.soar.com/5581126-3d601799e38af1f763d514ae2939106e/thumbnail_2208359.jpg","articleUrl","/articles/6497566/Bay-City/Bay-County/Michigan/Zoning-Board-approves-replacement-home-on-existing-footprint-after-fire-waives-100-reconstruction-cap","mediaUrl","https://secure.pipeline.soar.com/6497566-b480ba199aa728005fbffb5ad63cd9e9/orig.mp4?Expires=1771014528&Signature=VXYEFI4vyjzMon4vMY7akiSwrQWtJYCtnvjd2OB16uQ6ooYpV9Wbt4Nqrb1rKQbBsnvdNqciXKqzXiZA87HB8bwXiJ8feJSa6eO4yKFGTQ7rStPZS1MSYtqljYg7hRqMQ5WZGAa2yz8C9-IUIkil4potQLLLq8iFJ5ytNKmWx62aLNYYb7Po6VUgI32QsxCp95ztBh5CH76RsbpVW5qtXbkphkcqalVAE1EDbHhCRAc3flceYY03ZQFW7eyd3SYxAQid-wKVprcx3nA~pQzuZNBmlFSxNa8yX55vFkSK7JnGfPBi58ueq1dkIFxjAIsGQ4JldV-yNX-MzwrqvglBbw__&Key-Pair-Id=KUT5TJCACFTXG","author","","date","2025-08-13T15:25:44Z","article","On Aug. 12, 2025, the Bay City Zoning Board of Appeals unanimously approved a variance allowing a homeowner to replace a fire‑damaged dwelling on its existing footprint despite reconstruction costs that exceed 100% of the property's pre‑catastrophe fair market value as stated in the city's nonconforming-use rules.

Terry Dorey spoke for his brother, appellant Bruce Hopper, explaining the March 17 fire that destroyed the house and the family's effort to keep the replacement home on the original site. \"He spent about 3 months in the hospital…we'd like to put a modular home on his existing footprint of the house,\" Dorey told the board. He said the family wants Hopper to remain in the neighborhood where he has lived about 40 years and where his friends and neighbors are close by.

Staff informed the board that the zoning ordinance limits reconstruction of a damaged structure to 100% of its pre‑catastrophe fair market value and that the estimated cost to rebuild the home likely exceeded that limit; staff cited an approximate reconstruction cost estimate in the range of $105,000 to $115,000 compared with the property's assessed or SEV‑based value. The applicant provided a structural engineering analysis confirming that the existing foundation could be reused for a one‑story modular home with a crawl space.

Board members considered the five variance standards. Several members said strict compliance would be unduly burdensome because rising construction costs make it impractical to rebuild to current standards within the 100% limitation. The board found the variance met the standards, including that the need was not self‑created and that no lesser variance would provide substantial relief.

Members voted by roll call: Larry Elliott — yes; Chris Greenleaf — yes; Jan Reis — yes; Charles Cogdon — yes; Douglas Reis — yes. After the primary motion, the board approved an amendment to make the variance effective immediately and then adopted the final motion; both votes were unanimous. Staff advised that once the applicant obtains building permits, the building official may issue time extensions related to pending insurance claims and that reconstruction timelines will be governed by building permits and the building official's schedule.

The approved variance applies to the nonconforming/dimensional aspects of the property and permits a replacement dwelling on the existing footprint. The board recorded that the applicant will still need to obtain building permits and meet building‑code requirements before construction begins.","mediaType","Video","parentTitle","ZBA Meeting 8-12-25","oneSentenceSummary","The Bay City Zoning Board of Appeals voted 5-0 on Aug. 12, 2025, to allow Bruce Hopper to replace his fire‑damaged house on its existing footprint even though reconstruction costs exceed 100% of the property's pre‑loss value.","taxTitle","Bay City, Bay County, Michigan","taxId",5009,"location","headline","shortSummary",{"_33":75,"_35":36,"_37":38,"_39":76,"_41":77,"_43":78,"_45":79,"_47":80,"_49":81,"_51":82,"_53":83,"_55":56,"_57":58,"_59":84,"_61":62,"_63":64,"_65":85,"_67":68,"_69":70,"_71":68,"_72":56,"_73":56},6497569,"Zoning Board of Appeals grants United Way variance to use off-site play area for downtown daycare",1457,662435,2120325,"/Search/View?dp=1&key=5581126-3d601799e38af1f763d514ae2939106e&start=662&end=2120","https://assets.pipeline.soar.com/5581126-3d601799e38af1f763d514ae2939106e/thumbnail_662435.jpg","/articles/6497569/Bay-City/Bay-County/Michigan/Zoning-Board-of-Appeals-grants-United-Way-variance-to-use-off-site-play-area-for-downtown-daycare","https://secure.pipeline.soar.com/6497569-d6d88eed41147a94413f18bfd8c49cb8/orig.mp4?Expires=1771014528&Signature=k5nkLtMNRmAkbr3W2JXzPpgMzQeZI3K5drd78uz8ahVhIcd1m9tztYza~yAVOQOGUXH-6h97jqttZwXHi2PVad1VKBdpfsEsRDAFRkeVnLMU0yFsjNLpvtSrekpxDOB8~HCYkCpnc6eGZw12Q2LwavUk1VjIGvTucLUIwuMXVuVYcC-yw0LwTRchjABkSAqHGNUiaRBEPOJD3LjSkYAt5c7ua64OQujQhBotiPa1l64kSs~2jvmEQukQjXxXcDTIMAaxs9x07U8RelnkCT-q3iE12339Nn0Bpoqln8uWdIP6ZF1EUZru~1-mHx4M-BuzorrvU6zi-Cy8bozTg3x6Mg__&Key-Pair-Id=KUT5TJCACFTXG","On Aug. 12, 2025, the Bay City Zoning Board of Appeals voted 5-0 to grant a nonuse variance to United Way of Bay County that allows a proposed childcare center at 909 Washington Avenue to use an off-site outdoor recreation area rather than an outdoor play area contiguous to the building.

The variance responds to a request from United Way of Bay County to waive the city requirement in section 122-477(b) that a childcare facility provide a contiguous outdoor recreation area. Nicole Luszak, president and CEO of United Way of Bay County, said the organization is seeking to fill a local childcare gap after a long-term tenant vacated the building. \"We recently had a tenant who's been there for nearly 20 years vacate…leaving the entire first-floor space open and available for use,\" Luszak said. She told the board the center would target infant and toddler care and estimated the facility could serve about \"40 to 50 children.\" Luszak said the center would partner with Bay-Arenac ISD and Delta College to provide practicum opportunities for early childhood students while retaining paid staff.

The board heard that Bay City lacks roughly 400 licensed childcare slots for children ages 0–5, a shortfall Luszak cited as part of United Way's rationale. A resident, Eric Kober, said his family is on a wait list for childcare and supported the application during public comment.

City staff and a mailed letter from Gretchen Wagner, director of Early Childhood Education at Bay-Arenac ISD, were entered into the record in support of the variance; the letter urged flexibility because Michigan Department of Licensing and Regulatory Affairs (LARA) regulations allow licensed centers to use a park or other off-site outdoor play space if the facility lacks an adjacent play area. Staff noted Winona Park as the closest existing playground the applicant identified and said United Way would coordinate with city officials to ensure compliance with licensing and local safety requirements.

Board members acknowledged competing concerns. Some members said the local zoning ordinance is more stringent than state licensing and that the city is reviewing its zoning code; staff confirmed the zoning ordinance review is underway and that the city is considering aligning local requirements with state standards for childcare licensure. Other board members voiced safety concerns about sending infants and toddlers across downtown streets to a park; those members said they would rely on the state licensing inspections and any conditions the board could attach to a variance to address walking routes and safety.

After the board found the application met the five required variance standards, members approved the variance by roll call: Larry Elliott — yes; Chris Greenleaf — yes; Jan Reis — yes; Charles Cogdon — yes; Douglas Reis — yes. The board also approved a separate motion to make the variance effective immediately to allow the applicant to proceed with permits and licensing.

The board record shows the variance grants relief from the city zoning requirement that an outdoor recreation area be contiguous to and directly accessible from the childcare building (section 122-477(b)). The applicant said it plans to work with city staff and LARA to ensure a safe walking route and to meet state licensing requirements if it uses Winona Park or another off-site play area.

The board did not attach additional conditions in its motion beyond standard permitting and licensing processes; staff said the building official and LARA would have roles in reviewing equipment, routes and safety if the applicant proceeds.

United Way intends the facility to provide affordable childcare targeted to working families who do not qualify for state assistance but do not earn a living wage. Luszak said the center would offer a benefit for local employers and an experiential site for early childhood students from Delta College and Bay-Arenac ISD.

The board meeting record indicates the city will consider the broader zoning ordinance review in coming months to determine whether local childcare requirements should continue to be more stringent than state licensing rules.","On Aug. 12, 2025, the Bay City Zoning Board of Appeals approved a variance allowing United Way of Bay County to operate a downtown childcare center at 909 Washington Ave. without an on-site outdoor play area, permitting use of a nearby park under state licensing rules.","actionData","errors"]

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Zoning Board approves replacement home on existing footprint after fire, waives 100% reconstruction cap

Zoning Board of Appeals grants United Way variance to use off-site play area for downtown daycare