Legal Question in Real Estate Law in Michigan

We were denied a variance to build a barn on our property by our township board. Can we build it anyway? We can build a 30x40 barn by the rules (1200 square feet) but asked for a 32x40 pole barn (1280 square feet). I have 2 neighbors with barns that are 32x40 however their houses are a little larger than ours (one by 100 square feet) and their attached garage is slightly small than ours. We both have approximately 3.2 acres. None of the neighbors have an issue with the barn. Yet, the township denied us because we could not prove a "hardship". The fact that my father-in-law passed away last summer and left many items to my husband was not considered. We were told to get rid of our stuff or pay for off site storage.


Asked on 9/30/10, 4:41 am

1 Answer from Attorneys
Shelly Schellenberg MI & FL private practice

No. If you build the barn, and it violates the local ordinance for size or setbacks, the township can make you tear down the part that is non conforming. To show a hardship, you must be able to demonstrate that there is something special about your property, where enforcement of the ordinance makes it impracticable to use without a variance, such as steep slopes, unusual configuration, etc. Having too much stuff to store in a 1200 square foot building does not qualify as a hardship. Consulting with a lawyer before appying for a variance would have given you an opportunity to frame the request differently than you did, because an attorney would have known what legal "hardship" you could show, if any.

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Answered on 10/05/10, 5:06 am


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