The Gahanna Planning Commission on Aug. 13 denied a variance request that would have allowed a pool house at 400 Brammer Court to exceed the 15-foot height limit for accessory structures.

Staff recommended denial, saying there were no special circumstances to justify the exception to chapter 1103.07(E) of the Codified Ordinances of the City of Gahanna. The structure stands 16.5 feet tall and was built without an approved final building permit; the applicant told the commission construction began Nov. 8, 2024, and completed Dec. 2, 2024.

The variance matter matters because the city’s zoning code sets a 15-foot maximum for accessory-structure height in R-1 (large-lot residential) neighborhoods and variances are supposed to be granted only when criteria are met. Staff said the 10% “de minimis” exception cannot be applied to building height and that other neighborhood structures do not exceed the limit.

During the hearing property owner John Esterby said staff’s earlier guidance created confusion and that the structure was built to accommodate more sun on an entry/deck area. “Negligence is no excuse,” Esterby said, but added that the neighbor to the north does not object. Neighbor Eric Jones, whose yard abuts the north property line, said mature maples provide substantial summer screening and that he has no objections, describing the structure as “a great addition.” The contractor said he believed prior discussions indicated a revision to 16.5 feet could be administratively approved and that he had the stamped plan approval on site but had not received a final permit approval from the city before building.

Commissioners debated options including cutting back roof rafters or removing an upper overhang to lower the peak, and several commissioners said the contractor should have followed up more proactively with city staff rather than proceed. Staff described multiple attempts to contact the listed applicant through the permitting portal, email and phone, and noted that code enforcement issued a violation after construction began without an approved permit.

The commission motion to approve the variance was made by Commissioner Greenberg and seconded by Commissioner Shepaca. The roll call vote resulted in two yes votes (Shepaca and Tamarkin) and four no votes (Greenberg, Mako, Polier and Hicks); the motion failed.

The refusal leaves the pool house in violation of the zoning code. Staff noted the open building-permit file and that no building inspections had been completed prior to the variance hearing. The applicant was told options include modifying the structure to meet the 15-foot limit or pursuing other remedies; enforcement and any fines would proceed through mayor’s court if compliance is not achieved.

The commission moved on after the vote to the next agenda item.