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Stow City BZA approves three variances for two pergolas and a front-yard fence
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Summary
At its meeting, the Stow City Board of Zoning Appeals unanimously approved three variances: two to allow pergolas closer than the code's 12-foot accessory-structure setback and one to permit a 5-foot front-yard fence where 4 feet is normally allowed.
The Stow City Board of Zoning Appeals approved three variance requests at a recent meeting, allowing two pergolas to be placed closer than the zoning code's 12-foot accessory-structure setback and permitting a 5-foot front-yard fence where the code allows up to 4 feet.
The variances affect properties at Somerset Drive, 3261 Darrow Road and 4462 Yorkdale Drive, all in areas zoned R-2. Staff said the pergolas meet other setback requirements for detached structures and that the fence will be a non-vision-impairing design set back 10 feet from the right of way.
The first case, BZA20250224764 at Somerset Drive, asked to allow a 165-square-foot pergola to stand 1 foot from the house on an existing patio instead of the 12-foot setback the code requires. Planner Jack (staff) explained the pergola “165 square feet, to be located on an existing patio. It'll be set back only 1 feet from the house.” Jack also said the city is working on a code update intended to exempt structures under 200 square feet from the 12-foot requirement.
Applicant Karen Kellogg told the board, “We get a lot of direct sun on our patio, and we would like to just put a free standing pergola on the back to shield the the sun.” No neighbors spoke on the application. A motion to approve the variance carried with Board members Franks, Miller, Seaford and Urban voting yes.
The second case, BZA25-23 at 3261 Darrow Road, sought permission for a 5-foot-high front-yard fence where the code permits up to 4 feet in front of the building line. Staff noted the proposed fence would be non-vision-impairing and would be set back 10 feet from the right of way, meeting the non-vision-impairing fence standard within the setback. Owner Trevor Wendell said he wants the higher fence because his deaf Labrador can jump a 4-foot fence and the extra height is needed to safely use a dog door: “I have a deaf lab that is very capable of jumping a 4 foot fence, and we would like to put a fence in the front yard so that we can put a dog door so she can go in and out.”
Board members asked about picket spacing and whether the fence would block sight distance; staff said it would not. No neighborhood opposition was recorded. The board voted to approve the height variance; Franks, Miller, Seaford and Urban voted yes.
The third case, BZA25-25 (4462 Yorkdale Drive), requested a variance similar to the first: a pergola/gazebo to be sited on or adjacent to a deck 2 feet from the house where the code requires 12 feet, a variance of 10 feet. Applicant Punya said the pergola is requested to shade a backyard that receives “direct sun” and to keep children away from a nearby electrical pole: “As I said, like, we got, like, a direct sun on our backyard, and we want some set. And the kids wanna stay outside on a seat. So I wanna I wanna have, like, a gazebo on my on my deck.” The board approved the variance; Franks, Miller, Seaford and Urban voted yes.
All three items were introduced and recommended for approval by city staff, there were no recorded objections from neighbors during the meeting, and each variance passed by unanimous recorded votes of the members present. Staff noted the city intends to revise the zoning code so that structures under 200 square feet would not be subject to the 12-foot accessory-structure setback, a change that would affect similar future applications.
Votes at a glance
- BZA20250224764 (Somerset Drive): Approved. Motion to allow a 165-square-foot pergola 1 foot from the house (code: 12-foot setback). Vote: Franks—yes; Miller—yes; Seaford—yes; Urban—yes. Variance amount: 11 feet.
- BZA25-23 (3261 Darrow Road): Approved. Motion to allow a 5-foot non-vision-impairing front-yard fence (code allows 4 feet in front of building line). Vote: Franks—yes; Miller—yes; Seaford—yes; Urban—yes. Note: fence set back 10 feet from right of way.
- BZA25-25 (4462 Yorkdale Drive): Approved. Motion to allow a 10-by-12-foot pergola/gazebo 2 feet from the house (code: 12-foot setback). Vote: Franks—yes; Miller—yes; Seaford—yes; Urban—yes. Variance amount: 10 feet.
The board adjourned after the three votes. Staff indicated a pending zoning-code update under consideration that would exempt accessory structures under 200 square feet from the 12-foot setback requirement, which, if adopted, could reduce the need for similar variances in the future.
