By ADAM SACASA

Eagle Staff Writer

Deb Harn wasn’t happy with Wednesday’s Board of Zoning Appeals ruling to deny a request. To put it bluntly, she thought the ruling ‘sucked.’

“I don’t think it’s right. The city made a huge mistake. They should own up to it,” Harn said.

At the meeting, members voted 5 to 1 against Harn for case #09-07: a re-consideration of a request for a variance to reduce side yard setback requirements for the lot at 106 Holden Terrace, Macomb.

Harn, originally of Good Hope, wanted to move to Macomb to be closer to her job due to gas prices being around $4 per gallon at the time. With the only thing on the lot being the foundation, she says she now has no place to live and is out several thousand dollars.

Harn had been told the size of the lot was 90’x100’ when it was in fact 84’x100’. She was also told the lot was two-family housing (R-2) when it was in fact single-family housing (R-1).

Because of the different size, a garage Harn had planned on being built could not fit within the lot.

Several residents at the meeting agreed with the boards decision and didn’t believe long-time residents should suffer because of the error and wondered what the point of having rules in place were if people could break them. They also saw the current rules as maintaining the integrity of the city.

While the city does have different regulations regarding zoning in place, according to board member Kevin Wiehardt, the board operates on more of a case-by-case basis with the person suffering the most hardship being a stronger determining factor.

Another board member felt differently. Sally Egler, who voted to approve the variance, described the situation as ‘the saddest case in several years on the board.’ She saw Harm’s situation as ‘unfortunate’ due to the misinformation she received. She also added the lot may get, “less desirable residents if Miss Harm doesn’t move in.”

“This is a no-win situation, but I think sometimes you have to look at how it affects the property owners,” Wiehardt said. Rather than making an exception, the board’s decision saw the current neighbor’s property rights as more important.

“Situations change and that’s why we have this board and there are hardships created over the years,” said Wiehardt. “The individual can come back in a year and apply for another variance.” 

Wiehardt added, ‘I think the only way this could have been avoided is if we turned the clock back and started all over again.” 

In other business:

The board congratulated Bruce Wells of Macomb on the work he’s done on the house and backyard at 130 N. Normal St. Since November, he says there has been no front porch or steps for the front door. The board granted his request for an increase in the allowable encroachment into a corner side yard in order to fit the porch.