Underwood v. St. Joseph Board of Zoning Adjustment

KAREN KING MITCHELL, Presiding Judge.

Respondent, Kelvin Underwood, applied for a zoning variance in order to complete construction of a detached garage on his property in excess of the size restrictions currently in place by St. Joseph zoning ordinances. The Board of Zoning Adjustment (BZA) denied Underwood’s request, and he sought judicial review in the circuit court, with the city of St. Joseph (City) and the BZA as named respondents. The circuit court reversed the BZA’s decision and remanded with instructions that the BZA grant Underwood’s requested variance. City and BZA chose not to…