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Miami County BZA deadlocks, variance for Lewis property denied after tie vote
Summary
The Miami County Board of Zoning Appeals failed to approve a variance request that would have allowed an existing outbuilding at 25925 North Rockville Road to remain within the required side-yard setback; the motion to deny produced a 3–3 tie and the variance was not approved.
Miami County’s Board of Zoning Appeals on Sept. 17 failed to approve a variance request from Kevin Lewis that would have allowed an existing metal outbuilding at 25925 North Rockville Road in Lewisburg to remain about 5 feet from the side property line.
Staff told the board that, under state statutes and Miami County zoning regulations, the board must find five conditions before granting a variance. “I do not believe that it meets all 5 of the conditions and therefore, should be denied,” the planning/codes staff member told the board during the meeting.
The variance application arose after county staff received a public complaint July 17, 2024, about a building constructed without a permit and within the side-yard setback. The county’s appraiser first recorded the improvement on Aug. 15, 2023; a notice of violation was mailed Aug. 7, 2024, and a second set of letters was mailed Aug. 14. The property sold Oct. 16, 2024. Staff told the board the structure was built by a previous owner and said the need for a…
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