City of Detroit v. City of Detroit Board of Zoning Appeals

Ronayne Krause, J. (dissenting).

I respectfully dissent. On the facts and circumstances of this case, the city of Detroit Board of Zoning Appeals (the BZA) did not have the authority to grant the specific variance at issue, and International Outdoor (IO) was not entitled to that variance. I would find in favor of the city of Detroit (the City) and reverse.

I. FACTUAL BACKGROUND

In 2011, IO purchased a small parcel of property adjacent to an expressway in the City, measuring *271approximately 5,520 square feet, for $ 5,000. At the time of the purchase, the parcel was subject to the City's zoning…