Bexley board approves side-yard and temporary driveway variances to preserve large locust tree and accommodate homeowner’s disabled parent

The Bexley Board of Zoning and Planning on June 2025 approved two variances for 188 North Cassingham that will allow a 2.65‑foot encroachment into the side‑yard setback to build an addition and a temporary exception to the city rule requiring driveways to provide rear‑yard parking.

The two variances were presented by Steven Miller, the applicant’s representative, and the homeowners, Dimitri and Nadia Kasvin. Matt Klingler, city planning staff, summarized the request and said the driveway variance is sought to allow front‑yard driveway access “because of the addition” and to accommodate a disabled family member who will be living on the first floor. Klingler also described the property’s setting and said the addition would encroach 2.65 feet into the R‑6 side‑yard setback and that the lot is 50 feet wide so the required side yard is eight feet.

The board’s deliberations centered on two competing priorities: saving the property’s large black locust tree and the family’s need to provide accessible vehicle access for an elderly, disabled relative. The applicant’s representative, Steven Miller, described the tree as “a glorious old tree” with an estimated caliper “coming up on 3 feet” and a canopy of roughly 50 feet, and said an arborist concluded the planned post‑and‑pier foundation and the proposed layout would not cause “notable damage” to the tree. Nadia Kasvin, a homeowner, told the board her mother is 88 and “a holocaust survivor,” and asked to spend her remaining years living with family; the homeowners said the front door is the only ground‑level entry wide enough for wheelchair egress so front driveway access is practically necessary while the work proceeds.

Neighbors provided written support and some cautions. City staff noted a letter from a nearby neighbor, identified as Mr. Crane, recounting an ambulance emergency that was handled more quickly because the home kept a usable driveway; that letter factored into board members’ concern about emergency access.

After extended discussion, the board split votes so that the driveway question and the side‑yard setback were considered separately. For the driveway, the board granted a variance from Bexley Code section 12.62.04 (the provision requiring driveways to access rear‑yard parking) with two conditions: the variance will expire after five years unless renewed by the board, and the applicant must return with proof of recordation of a deed memorandum (the city required a recorded notice as a condition). Klingler summarized the board’s finding by reading the board’s recommended findings and conclusions and the board approved the motion. On the record the roll call showed a majority in favor; Chairman Behar announced he would vote against the driveway variance but the motion carried.

On the side‑yard variance — a 2.65‑foot area variance from Bexley Code section 12.52.09 to permit construction of the addition — the board granted relief with a condition that the application be remanded to the Architecture Review Board (ARB) for final design approval. ARB’s prior review had produced mixed feedback about the addition’s length and other design details; ARB asked that final architectural drawings return to that board if the variances were approved.

Board members discussed enforcement and precedent at length. Several members urged a finite time limit on the driveway relief to avoid creating a wider exception for front‑yard parking in neighborhoods where rear‑yard parking is the code preference. Board members also discussed mechanisms for enforcement and ensuring the condition survives a future sale; staff advised that requiring proof of recordation would help future title searches show the condition.

The board’s action preserves an option for the family to provide accessible front‑yard vehicle access for an elderly, disabled household member while approving the addition that permits internal first‑floor living, and it couples that relief with design review and an explicit time limit on the driveway exception.

The board’s findings and conditions were read into the record by Matt Klingler and are part of the official minutes.