A decision by the Traverse City Board of Zoning Appeals (BZA) to allow 10 residential homes to be built within 25 feet of Boardman Lake at 1527 Cass Street has been overturned in 13th Circuit Court. The board had granted a variance to developer Bob Doriot in March that would have allowed him to build within 25 instead of 50 feet of the lake's high water mark, a setback that has historically been enforced to protect the watershed from sedimentation run-off and erosion. The Watershed Center Grand Traverse Bay and Northern Michigan Environmental Council filed a claim of appeal in April seeking to reverse the decision.

In his ruling Friday, Judge Philip Rodgers critized the BZA for granting the variance. “The Court finds that the Board’s decision to grant the variance was not based upon proper procedure, was not supported by competent, material and substantial evidence on the record and did not represent the reasonable exercise of discretion granted by law to the zoning board of appeals,” he wrote. “Therefore, for the reasons stated herein, the Court reverses the decision and findings by the Traverse City Board of Zoning Appeals.”

Watershed Center Executive Director Christine Crissman, who called the decision "a win for Boardman Lake," said the nonprofit was "very encouraged" by Rodgers' decision.

“Structural setbacks on water bodies, as well as shoreline and riparian buffers, are extremely important," said Crissman in a written statement, "not only to preserve water quality and reduce stormwater pollution and erosion, but to preserve the aesthetic and recreational values of water bodies."