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Will Seek Waiver On Building's Required Setback

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Will Seek Waiver On Building’s Required Set&"<br><br>By Jack Lewis The, city's Housing Board of Appeals will be asked to grant a waiver of side-yard setback of an^TJTghyy apartmenpbuild-ing fa Dfiwiiit eonstrfiction to proceed.<br><br>Construction work on the high-rise facility on the northwest corner of S. University Ave. and S. Forest was hailed after the city’s Department of Building and Engineering Safely revoked building permit. Clare' J. Wheeler is acting' director of the department.<br><br>City ‘.dministrator Guy C. Larcom Jr: and S. Daniel Tish-| berg of Milwaukee. Wis., a rep-l<br><br>resentalive of Towne Realty,<br><br>of the developers of for a variation. The amount of<br><br>the apartment building, both<br><br>said the city's Housing Board has not been determined. Our<br><br>of Appeals would be asked grant a side-yard set back requirement. Date of the has not been<br><br>ing today at City Hall.<br><br>City Attorney Jacob F. Fahr-ner Jr. said it appears a 19-foot side-yard setback is required, whereas the building was planned with a 10-foot on the west side. The would front on S. University.<br><br>Tishberg said, “We will ask<br><br>the Housing Board of Appeals<br><br>the variation we will ask for<br><br>architects are studying the matter."<br><br>The city revoked the 18-story apartment building's building<br><br>Decision to ask the board for permit after the Ann Arbor a waiver was made at a meet- Property Owners Association<br><br>contended the structure, planned, is in violation of the 1917 state housing law.<br><br>Jack L. Shipman and John C. Stegeman, both of Ann Arbor, and both incorporators of the association, along with other local apartment developers, were in the City Hall meeting<br><br>Dennis Dahlmann, Kenneth Levy, James Kelly Newton, Richard D. Barnhill and Dun-an B. Robertson.<br><br>The association was incorporated Oct. 2 with the Michigan Corporation Securities Commission and incorporation papers ! filed with the county clerk Oct. 3.<br><br>Incorporation papers say the association was formed to: ■Advance and promote the commercial and civic interests of apartment and Commercial building owners in the city of Ann Arbor, to study and disseminate information of interest to such owners and in general to provide an organization for the clearing of ideas and the solving of problems common to all such property owners.”<br><br>, Mayor Cecil 0. Creal, who was at the City Hall meeting, called the building’s violation of the state, housing law, the association effort to get the building to conform to the law and<br><br>“I’m hoping the problem can be solved amicably and in the interests of all concerned,” Creal said.<br><br>Larcom reported that Ship-man and Stegeman said the association is not in opposition to the 18-story building if it i conforms to the state housing 1 law.<br><br>j Creal, who disclosed that Stegeman and Shipman were withdrawing from the association, said the city may have to act to see whether the state housing law can be changed.<br><br>“If we don’t get legal matters solved on the 18-story apartment building, it could stymie the growth of the Central Business District,” Creal said. He added:<br><br>“A few selfish persons have got to realize in the common good of all that they have to contain some of their opin-<br><br>er of the 18-story building, both appeared before the Housing Board of Appeals in July to get a waiver of back and side-yard i setbacks for twin 14-story (buildings.<br><br>i The request was refused unanimously by the board because |the S. University-S. Forest site was considered a “normal” one,<br><br>|similar to thousands of other ■sites in the city which are not i unusual.<br><br>| Tishberg said that legal coun-isel believes the Housing Board .of Appeals can grant waivers on projects which do n o t conform to state law.<br><br>Hardship andx impracticality are historic tests before appeals boards.<br><br>i Some footings of the 18-story apartment building have been constructed under a temporary building permit the’ city’s Department of Building and Engineering issued. Tisberg indicated that work still remains to be done on footings.<br><br>However, all work on the building's site has been halted, pending the outcome of the Housing Board of Appeals’ meeting.