[{"_1":2,"_112":-5,"_113":-5},"loaderData",{"_3":4,"_26":27},"root",{"_5":6,"_17":10,"_18":19,"_20":21,"_22":10,"_23":-5,"_24":-5,"_25":10},"user",{"_7":8,"_9":10,"_11":10,"_12":-5,"_13":-5,"_14":15,"_16":-5},"roles",[],"isAuthenticated",false,"isPremium","planName","subscriptionStatus","featureFlags",{},"insightsBudget","isDevelopmentHost","userPreferences",{},"recaptchaSiteKey","6LcvOJcUAAAAAHsB-gPGfGktcRlKpH7OTIU_dMTD","isImpersonating","impersonation","affiliateStatus","isFreedomPortal","routes/v2/article/layout",{"_28":29,"_30":31},"notFound",true,"relatedArticles",[32,76,88,100],{"_33":34,"_35":36,"_37":38,"_39":40,"_41":42,"_43":44,"_45":46,"_47":48,"_49":50,"_51":52,"_53":54,"_55":56,"_57":58,"_59":60,"_61":62,"_63":64,"_65":66,"_67":68,"_69":70,"_71":72,"_73":74,"_75":74},"mediaId",6147010,"mediaKeyId","5523800-dddc2ffec135b328cda00c2f372eaf47","parentId",5523800,"title","Middletown board approves variance to allow shed in side yard on steep lot","audioSeconds",1222,"startMs",1524000,"endMs",2746000,"viewUrl","/Search/View?dp=1&key=5523800-dddc2ffec135b328cda00c2f372eaf47&start=1524&end=2746","thumbnailUrl","https://assets.pipeline.soar.com/5523800-dddc2ffec135b328cda00c2f372eaf47/thumbnail_1524000.jpg","articleUrl","/articles/6147010/Ohio/Middletown-board-approves-variance-to-allow-shed-in-side-yard-on-steep-lot","mediaUrl","https://secure.pipeline.soar.com/6147010-4bc0abe5b507baff0725fabfe1011ac8/orig.mp4?Expires=1773626536&Signature=Fta~CoCGKJvJlQY3~Fs8vkH4bcWDFepI3R5ADMQrfBrw-pC6zC8Bm6fCLiV338bwpWmYmL8GAR99sKxPN~jZ3E6K83GgPVB7VUIEw892TqRpUpcwRmHVQHHL6bLJ41UZIOkJV~MKu2FAeRxj8-TfhcfbSfQgdjLjFQ76n9NPYSnGv9ExT7oPDt7zy0nANuMsojRQZQ0hCXV09fr-E~b6yRgPQ8RQ2tKLb~q386JZylxADEdZkJTmvGh2OtMITF-ad8BcfACVwdAdsQUHGH4rxYq5BvmCc-4dNzc~IppAxZO5nJKV3-CJkG8NOiVr1mLe33BeKzqcnMpj6KeQO7Zppg__&Key-Pair-Id=KUT5TJCACFTXG","author","City Council of Middletown OH","date","2025-08-01T21:10:38.187Z","article","The Board of Zoning Appeals voted July 2 to grant a variance allowing a detached storage shed to remain in the side yard at 5635 Stone Path Drive, finding the steep lot and physical constraints supported an exception to the rear-yard-only rule.

The variance (case number 17-25) was requested by property owner James Henson. Planning staff member Miss Savage told the board that Middletown Development Code Table 12.03-1 and section 12.06.01 permit detached storage buildings only in rear yards in the city's R-3 medium-density residential district. Savage said the applicant cited the lot’s narrowness, steep rear slope and site utilities as the reasons the shed could not be placed in the rear yard and that the community and economic development department issued a notice of violation after a complaint and site inspection on May 28.

Neighbor William Colston testified in favor, saying \"the shed he's built is very attractive, matches his home very well, and does not distract from the neighborhood beauty.\" Henson told the board he had purchased the house in January as a bank repossession, described building the shed because the house has no basement and said utilities and a steep hillside limited placement: \"The reason the sheds pulled forward instead of farther back is my utilities are right there... so if you go back too far behind the utilities, you're into the hill,\" Henson said.

Henson said the structure under discussion is a 10-by-12 shed he built to provide storage while he finishes additional home repairs and yard work. He provided a neighbor letter and photos, which were entered into the record.

Board members discussed the BZA review criteria, including whether the variance would change the essential character of the neighborhood. Several members said similar sheds positioned to side yards were common within the plat; one board member said he counted approximately six similar existing side-yard sheds nearby. The board also noted the complaint that triggered the review was anonymous.

A motion to grant the variance cited the lot steepness and the absence of substantial detriment to adjoining properties; the motion passed with a 4–1 roll-call vote (David Cash voted no; Stefan Wanamaker, Thomas Evans, Jerry Heidenreich and AJ Mentel voted yes). The board approved the variance conditioned on code compliance for other regulations; staff noted parking on grass remains a code-enforcement issue and must be on a paved surface if pursued.

Why it matters: The decision affirms that physical site constraints — grade, utilities and lack of basement space — can justify a dimensional variance in Middletown’s residential districts. It also underscores that similar deviations exist elsewhere in the subdivision and that neighbor support influenced the board’s view.

What’s next: The owner may proceed with the shed remaining in place; any future paving or vehicle parking on the lawn would still need to meet the city’s code requiring a paved surface.","mediaType","Video","parentTitle","Board of Zoning Appeals 07.02.2025","oneSentenceSummary","The Board of Zoning Appeals voted July 2 to grant a variance allowing a detached storage shed to remain in the side yard at 5635 Stone Path Drive after finding topographic and utility constraints prevented placement in the rear yard.","taxTitle","Middletown City Council, Middletown, Butler County, Ohio","taxId",68987,"location","Ohio","headline","","shortSummary",{"_33":77,"_35":36,"_37":38,"_39":78,"_41":79,"_43":80,"_45":81,"_47":82,"_49":83,"_51":84,"_53":85,"_55":56,"_57":58,"_59":86,"_61":62,"_63":64,"_65":87,"_67":68,"_69":70,"_71":72,"_73":74,"_75":74},6147015,"Middletown board tables Hallmark Gateway Lofts sign variance after measurement questions",1080,116000,1196000,"/Search/View?dp=1&key=5523800-dddc2ffec135b328cda00c2f372eaf47&start=116&end=1196","https://assets.pipeline.soar.com/5523800-dddc2ffec135b328cda00c2f372eaf47/thumbnail_116000.jpg","/articles/6147015/Ohio/Middletown-board-tables-Hallmark-Gateway-Lofts-sign-variance-after-measurement-questions","https://secure.pipeline.soar.com/6147015-e6cdbd77fe2ecdab7da64afb436e27cc/orig.mp4?Expires=1773626536&Signature=YNoNEN30NiB0Y1ySeo~NKxpmwKnHkJ2MN5iUUob-EM5MrVgP67YgtZm~gRFIjRBqUhCVLkZy5Zi6Nd5lBtakK0Tp55catstFY1Sm1V-AMYdtoyW5BEmHwCel-~n-okjzqQIa2Jm0rRMQAhcyhzZk3aIbYlasa0lNQCleLh5wC-~5B7vT6Zj6YZgB39orYr9WCKPHbrJFG1GHCwng9dwIvKVu1AinQR2wJw6gykUM6t4v00i71oHqTSO-uxv4jJJXuwCdc7BzrM3k3v3Duu2i9zfxIvuITywDZMSqk8ETZeS0WoUu1HlK4K4QW1XsaaXY62rQxUTiOpcfACnXsfLvYg__&Key-Pair-Id=KUT5TJCACFTXG","Hallmark Student Development Company’s request for larger wall-mounted signs at Gateway Lofts at Renaissance Pointe was tabled by the Board of Zoning Appeals on July 2 after staff and commissioners said they could not verify the applicant’s square-foot calculations.

The variance application sought permission for two wall signs of 45 square feet each on the north and west faces of the building at 3305 Atrium Boulevard, larger than the 30-square-foot maximum for individual signs in the code section cited by staff. \"So this is a request by applicant Hallmark Student Development Company for an area and dimensional variance for the property at 3305 Atrium Boulevard to allow for 2 wall signs... totaling 45 square feet each, where the Middletown development code only allows for a maximum sign area of 30 square feet,\" Planning staff member Miss Savage said during the staff report.

The variance was introduced as case number 16-25. Savage told the board that Middletown Development Code sections 12.20.06 and related signage rules apply, and that the code measures sign area by the rectangular perimeter surrounding the letters even where channel lettering contains open (negative) space.

Ryan Pearson, a land planner with Edge Group representing Hallmark Campus Communities, said the applicant's initial measurements had been done by \"just a box around each 1 of the words,\" which he said excluded whitespace between words in some counts. Pearson said that, depending on the counting method, the signs might require one or two variances and that the applicant might need to amend the application to reflect the city's measurement standard.

Board members and staff discussed prior administrative waivers applied elsewhere in the development and noted one previously granted administrative 10% waiver on signage that may have been approved on applicant-supplied dimensions without city verification. Staff said one of the signs, if measured by the city's rectangular method, could be as large as 69.1 square feet; the application submitted lists 45 square feet per sign and a 52% increase over the 30-square-foot allowance.

Because the board could not confirm the accurate dimensions from the documentation provided and to avoid inconsistent approvals, members voted to continue the public hearing and table the application for further review. The motion to table was adopted in a roll-call vote with five members voting yes (David Cash, Stefan Wanamaker, Thomas Evans, Jerry Heidenreich, AJ Mentel). The board asked the applicant to amend the application to show sign face measurements using the city’s measurement rules and to verify the dimensions that led to prior administrative waivers.

The board emphasized that the amended filing should clarify which signs are included and include measurements drawn to the city's rectangular-perimeter standard. The hearing was continued to the board's August meeting; no substantive approval or denial was made.

Why it matters: The decision delays a commercial-identification feature that Hallmark says is integral to the project's architectural treatment. The outcome also highlights how differences in applicant versus city measurement methods can affect zoning compliance and administrative waivers.

What’s next: The applicant was instructed to amend the application and submit corrected dimensions and documentation consistent with Middletown development code measurement rules before returning to the board in August.","The Board of Zoning Appeals on July 2 tabled an application by Hallmark Student Development Company to allow wall-mounted signs larger than allowed under Middletown code after staff and members questioned how the developer measured sign area; the applicant was asked to amend the application and return in August.",{"_33":89,"_35":36,"_37":38,"_39":90,"_41":91,"_43":92,"_45":93,"_47":94,"_49":95,"_51":96,"_53":97,"_55":56,"_57":58,"_59":98,"_61":62,"_63":64,"_65":99,"_67":68,"_69":70,"_71":72,"_73":74,"_75":74},6147000,"Board approves Arby’s ground-sign replacement despite size exceeding code limits",1092,3334000,4426000,"/Search/View?dp=1&key=5523800-dddc2ffec135b328cda00c2f372eaf47&start=3334&end=4426","https://assets.pipeline.soar.com/5523800-dddc2ffec135b328cda00c2f372eaf47/thumbnail_3334000.jpg","/articles/6147000/Ohio/Board-approves-Arbys-ground-sign-replacement-despite-size-exceeding-code-limits","https://secure.pipeline.soar.com/6147000-311fcb1964888acb838b088f19d53be7/orig.mp4?Expires=1773626536&Signature=W95m3RYEv5F0GfdHHGdktqWOHxVA5LBNzQ3g49nHoW8GudQGzCQQ39xEc8CETFIf9oQiZvEr~pjmcLfP7Lga703eWcTe0yoGQo-D5wDQ9zoBmAxDuppwgQpBTvVwBRGcaK3HK2pAajYs3pkq0DID2Zh2Gsr3AGSobodzEgqGt7XMkGnQhukB7fWfrXsEbwTSxqThQTXSadzatL11K2-OjNAAhD68uwBT7HrCvUpGB-2bxKRCM6~dXvtyXsgvoQvVAVKBx~pmDvQ9c~Wjaw1QNh9CIQyP-xBHH1Y6tBr6O8w9l7Y03r5Sv4lDfwl-3lyDjQ3-NtD-dS~Rs55bs64A0g__&Key-Pair-Id=KUT5TJCACFTXG","The Board of Zoning Appeals on July 2 granted a variance permitting a new freestanding sign cabinet at the Arby’s restaurant at 1315 Elliott Drive that exceeds the B-2 district’s standard maximum sign area, while the applicant said the new design would lower the mounted sign face height.

Staff member Miss Abbess summarized the application (case number 19-25), noting the property is in the B-2 Community Business District where the code permits freestanding signs up to 10 feet in height and 80 square feet in area for lots of the indicated width. The applicant requested a ground-mounted sign 13 feet tall with a 134.5-square-foot sign face; staff explained the existing sign structure on-site is legally nonconforming and that any alteration that changes the sign’s face or height removes that nonconforming status and requires a new sign to meet current code unless the board grants a variance.

Justin Scaff of 1 Stop Signs, representing Arby’s and the franchisee, told the board the proposed new cabinet is intended to refresh branding and that the existing steel support structure remains usable. Scaff said the new cabinet will reduce the sign from the existing configuration: \"If we don't grant terms today, it creates a scenario where Arby's has an incentive to keep up that old cabinet and keep the current conditions they have on-site... We're trying to create new branding and new logo on top of it to improve the appearance of the sign,\" he said. Scaff also argued that the typical calculation counts the rectangular box around letters and voids, which inflates the measured graphic area compared with actual filled surface.

Staff clarified technical measurement issues: the code measures sign height from the bottom of the electronic message center to the top of the brand element (the \"hat\"), not the height of poles or other supporting posts; the applicant's measurement of 24 feet, 4 inches included the support structure, which the city does not count. The applicant said the existing sign face area would remain essentially the same, and the new sign would be slightly shorter by the city’s sign-face measurement method.

No public opposition was presented. Board members discussed the broader policy preference for monument-style ground signs in the corridor versus pole-mounted configurations but also cited the risk of leaving the existing cabinet in place for an extended time if the application were denied (a \"hostage\" scenario described by the applicant). Board members noted the application would reduce overall mounted sign height under the city’s measurement standard and would not increase visual clutter relative to existing conditions.

Citing review criteria including whether the spirit and intent of the code would be observed and whether substantial justice would be done, the board approved the variance in a roll-call vote, with all members voting yes. The file notes the applicant intends to replace the cabinet and utilize the existing support posts and that the electronic message center size would remain unchanged.

Why it matters: The decision allows a high-profile commercial sign to be modernized while retaining a sign face area larger than the code’s limit; it underscores how technical definitions of sign height and area (including whether supporting structure is counted) can determine compliance.

What’s next: The applicant may install the new cabinet and graphics; permits and any building-sign permits must be obtained and inspections completed.","The Board of Zoning Appeals approved a variance July 2 allowing Arby’s at 1315 Elliott Drive to replace its existing freestanding sign with a new cabinet that reduces overall mounted height but retains roughly the same sign face area (about 134.5 sq ft), exceeding the 80-square-foot limit in the B-2 district.",{"_33":101,"_35":36,"_37":38,"_39":102,"_41":103,"_43":104,"_45":105,"_47":106,"_49":107,"_51":108,"_53":109,"_55":56,"_57":58,"_59":110,"_61":62,"_63":64,"_65":111,"_67":68,"_69":70,"_71":72,"_73":74,"_75":74},6147005,"Board allows resumption of warehouse use at Caprice Drive property after owner details repairs",541,2775000,3316000,"/Search/View?dp=1&key=5523800-dddc2ffec135b328cda00c2f372eaf47&start=2775&end=3316","https://assets.pipeline.soar.com/5523800-dddc2ffec135b328cda00c2f372eaf47/thumbnail_2775000.jpg","/articles/6147005/Ohio/Board-allows-resumption-of-warehouse-use-at-Caprice-Drive-property-after-owner-details-repairs","https://secure.pipeline.soar.com/6147005-d427640d611670076503cdecf107af10/orig.mp4?Expires=1773626536&Signature=iuw7OMR4hiUfOljIvyX2wDITuG4A3Al2bT0NcxGUEbAWzeGxI67Bo3cZg3zQcKzRqnfdLhzdxqaziomV0-XLwMzmVjjD-x7LqCnhxSAWKXJ~ZU8vgmLmOWahBQvWIJEKLbBbAmTx-ipZ4bZF-GrIpTVuKijqkKhYPoepkRDxMf-LYXyO9RHHQLeKZgyM4yJTB95MKYvxcFwdPwNXAY91NrwnNpD3CPwG5PcSvJsIrr~vMtYphFAO-vquWkNST5tuMouyb5rcU3TC8ZgBfPdbD2BKSQummq09QuirI6bkXvBwCKtqheEKZuDhiKPqHfPATVUXnNnRST6D~QleAAjVIg__&Key-Pair-Id=KUT5TJCACFTXG","The Board of Zoning Appeals on July 2 approved an application to continue a nonconforming warehouse use at 4680 Caprice Drive, citing the site’s design and the applicant’s planned repairs.

Planning staff member Miss Savage said the property had an issued certificate of zoning compliance recognizing a legal nonconforming warehouse use, most recently on Feb. 13, 2024. Savage told the board that Middletown Development Code chapter 12.24.05 states that if a nonconforming use is discontinued for more than 12 consecutive months, it may not be resumed, but the board may determine whether continuance is permitted in a particular case.

The applicant (2 AM Management LLC) provided a written summary of recent and proposed work: a new 60-mil TPO roof with R-25 insulation, removal of abandoned rooftop HVAC, tuckpointing and masonry repairs, exterior caulking, removal of some pole lights in the parking lot, asphalt patching, repainting exterior and interior walls, restroom installation and a plan to add one pit dock leveler to the existing loading dock. Savage told the board the building had been vacant for approximately 15 months.

A representative of the owner told the board the intended use is to support cross-country shipping operations as a docking station for semi-trailers; the owner did not propose new loading docks but did propose adding one interior dock leveler to the existing loading dock. No members of the public spoke in opposition.

Board members discussed prior zoning activity at the site, including earlier variances and administrative reviews related to screening and loading improvements. One board member noted the property previously held certificates as a warehouse dating back to at least 2016. After deliberation, the board voted to allow the continuance of the nonconforming warehouse use, citing that warehousing is consistent with the property’s design and location in the B-3 General Business District and that the owner’s proposed repairs mitigate potential neighborhood impacts.

The motion passed by roll call; members voted unanimously in favor. The board recorded the owner’s planned building repairs and improvements as part of the file.

Why it matters: Allowing the resumption of warehousing at this site will permit use that the owner says aligns with the building’s highest and best use and supports freight and logistics activity in a district intended for such uses.

What’s next: The owner may proceed with the indicated repairs and, when ready, resume warehousing operations; staff will monitor compliance with any conditions and building permits for the listed improvements.","The Board of Zoning Appeals approved continuation of a nonconforming warehouse use at 4680 Caprice Drive, finding the owner’s planned repairs and proposed limited dock improvements supported resuming warehousing despite 15 months of vacancy.","actionData","errors"]

Article not found

Middletown board approves variance to allow shed in side yard on steep lot

Middletown board tables Hallmark Gateway Lofts sign variance after measurement questions

Board approves Arby’s ground-sign replacement despite size exceeding code limits

Board allows resumption of warehouse use at Caprice Drive property after owner details repairs