Beavercreek board approves variance for meter-access platform at flood-prone property

Beavercreek Board of Zoning Appeals members voted to approve a variance allowing a platform and stairs to be built into the required side-yard setback so an elevated electric meter can be installed at 2255 Whitey Marshall Drive, a property staff said lies within a designated flood zone.

The variance (case V-25-2) was approved by roll call after a staff presentation recommending approval and public comment opposing the project. The board voted unanimously in favor, 5-0.

Staff presented the case to the board as a request from the property owner for relief from Chapter 158.043(e)(2) to permit an access platform in the required side-yard setback. "Based upon our analysis of the criteria, staff recommends approval of the variance request," Mr. Funk said during his presentation. Staff described the parcel as nonconforming (no street frontage), noted the building already encroaches 12 feet into the 20-foot side-yard setback for the I zoning district, and said the required platform would encroach an additional roughly 5 feet, leaving about 8 feet to the property line.

The staff presentation said the property lies within a mapped flood zone and the Greene County Building Regulation required the meter be raised above the flood level. The building department also required platform and stair access so utility workers can reach the elevated meter; staff said the utility (referred to in the record as AES) determines where service is located on the building. Because electricity is necessary for the building's continued use, staff said denial of the variance would effectively deny electric service and would significantly impair the property's beneficial use.

Frank Ryan, who identified himself as the owner of the property, told the board "The building has had electricity since the day it was built back in the late seventies" and said the existing service historically ran from a neighboring parcel. He said he wants his own meter rather than continuing to pay the neighbor's bill. Ryan said the as‑built platform will likely be smaller than the initial drawing and estimated the accessible platform will be about 5 feet by 8 feet; he said the top of the stairs would not extend beyond the platform and that the design would avoid blocking a first-floor window.

One nearby resident, Martin Miller of 843 Stuart Drive, told the board he opposed granting the variance. Miller said the parcel and surrounding area have flooded repeatedly — "at least 8 times in the last 30 years," he said — and raised environmental and erosion concerns, claims of dumped debris now settling along the shoreline, noise from a generator and that the site functions as a wildlife corridor. "It's just enough is enough," Miller told the board.

Board members and staff clarified the narrow scope of the hearing: the Board of Zoning Appeals was considering only an area variance (setback) and not the property's use. The record shows the property is in an I (industrial) zoning district and that the current use has a certificate of use compliance; therefore, the board said it lacked authority in this hearing to address whether the business use itself is appropriate on the parcel.

After discussion, a board member moved to approve the variance application in case V‑25‑2; a second was recorded and the secretary performed a roll call. Recorded votes were: Mister Raider — yes; Mister Roach — yes; Miss Vest — yes; Miss Barhorst — yes; Mister Esman — yes. The motion carried.

The board took no separate formal directions or follow-up assignments during the hearing; staff noted that any installation would still need to comply with building-department requirements and utility procedures for meter relocation and elevation.