Pataskala board approves deck variance that will encroach into rear utility and AEP easements

At its Aug. 12 meeting, the Pataskala City Board of Zoning Appeals approved a variance for 220 Lehi Drive SW that allows a 12-foot-by-16-foot wooden deck to extend into recorded easements at the rear of the property, provided the homeowner secures city and Licking County permits and written approval from AEP before construction.

The deck proposal would extend 12 feet from the rear of the house, sit 20 feet from the rear property line and would cover the 10-foot utility easement and extend 4 feet into the AEP easement. Planning staff told the board the property is roughly 0.6 acres, contains a 2,900-square-foot house and that nearly the entire backyard is encumbered by multiple easements (a 15-foot sanitary easement fronting Hyletta Drive, a 5-foot side-yard utility easement, a 20-foot combined utility/AEP easement along Pioneer Way and a combined 30-foot rear easement including drainage and AEP/utility areas).

The staff report cited Pataskala code restrictions on locating decks within recorded easements (section 12.21.07(e)(1)). Staff said 811 located an electrical line in the backyard and that AEP had indicated the utility may impose additional requirements before installation. Staff recommended conditions that the applicant obtain required permits from the City of Pataskala and the Licking County building code department within one year of approval and receive any necessary approvals from AEP before installing the deck.

Applicant Alan Olenek, who identified himself at the podium with his Pataskala address, said the existing back porch is only about 4 feet deep with a 3-foot drop to grade and described the deck as a safety improvement for family use. "It's a little over 4 feet deep. It's 3 feet off the ground," he told the board, explaining the need for additional deck area so grandchildren and family can use the backyard more safely.

Board members ran through the Duncan-style findings of fact and determined the easements create a unique condition on the lot and that the requested variance represented the minimum relief necessary. A motion to approve the variance with the two conditions passed on a roll call vote of yes from Dan Ray, Cooper and Howe. The board recorded the motion's conditions in its approval and advised the applicant to secure written confirmation from AEP before applying for building permits.

With the vote the homeowner may proceed after meeting the conditions; staff noted building permits and any other departmental reviews would be required before construction begins.