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Pataskala BZA allows two existing accessory structures on Merritt Road after inspection requirements

3294671 · May 14, 2025
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Summary

The board granted variances permitting a 380‑square‑foot front‑yard treehouse and a pole barn on a 2.67‑acre Merritt Road property, conditional on health‑department comments, required permits, and verification of structural and code compliance.

The Pataskala City Board of Zoning Appeals on Tuesday approved two variances for existing accessory structures at 261 Merritt Road SW, allowing a 380‑square‑foot treehouse in the front yard and a pole barn that encroaches within one foot of the side yard setback, provided the owner addresses county health comments and obtains required permits.

The property owner had already removed one unpermitted structure following an earlier hearing; the board considered separate variance requests for the two remaining unpermitted buildings and limited the approval conditions to the specific structures under review.

Planning staff summarized the site as a 2.67‑acre parcel in the R‑87 (medium‑low density residential) zone that contains a primary residence and multiple accessory structures. Staff reported three previously permitted accessory structures and three buildings constructed without permits between 2018 and the present; one of the nonconforming structures has been removed. The treehouse sits in front of the primary structure and measures about 380 square feet; the pole barn sits about 9 feet from the north property line at its closest point.

Attorney/architect Ugo Nwoke (spelled U‑G‑O Nwoke in the record) told the board the owner removed one structure as advised at the prior hearing and separated the two remaining structures into distinct variance applications so the board could consider them individually. Property owner Oscar Huerta addressed the board and said the structures were built informally: "my dad got too excited" when he constructed the treehouse and other outbuildings, and the owners are now seeking to regularize the work and obtain proper permits.

Board discussion focused on the number of accessory buildings allowed on lots larger than two acres (Pataskala code limits accessory building count to two on typical lots but does not limit square footage for parcels over two acres) and on safety and building‑code compliance. Staff told the board the treehouse and pole barn meet other code requirements except for the two variance dimensions and that the owner will need to apply for accessory‑building permits if the variances are approved. The building inspector noted potential structural issues to be verified at permitting: framing spans, insulation/enclosure decisions for the treehouse, foundation depth for the pole barn and securing tree‑based supports against wind.

After deliberation and findings of fact, the BZA voted to approve VA‑25‑007 (treehouse) and VA‑25‑008 (pole barn) with conditions: the relief under section 12.21.05(a) applies only to the specific structure identified in each application, the applicant must address all Licking County Health Department comments, and the applicant must obtain all necessary permits from the City of Pataskala and the Licking County Building Department within one year. The board cautioned that if the building official determines a structure is unsafe it may need to be removed regardless of a variance, and the approvals do not replace required building inspections.