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Hilliard BZA approves variance allowing accessory building 5 feet from property line at 4540 Edgwyn Avenue

3048575 · April 18, 2025
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Summary

The Hilliard Board of Zoning Appeals approved a variance to reduce the side setback from 20 feet to 5 feet for an accessory building at 4540 Edgwyn Avenue. The board found the variance would not substantially alter neighborhood character and approved it with conditions.

The Hilliard Board of Zoning Appeals on April 17 approved a variance to allow an accessory building at 4540 Edgwyn Avenue to be set 5 feet from the side property line, down from the 20-foot setback required by code.

Planning staff told the board the building would sit on an existing reinforced concrete pad and recommended approval after finding the variance “is not substantial,” would not alter the essential character of the neighborhood, would not cause substantial detriment to neighboring property owners and would not adversely affect delivery of government services. Staff recommended approval subject to the three conditions listed in the staff report.

Alex Cygnitski, the applicant, said the proposed building footprint matches an existing 8-inch reinforced concrete pad poured by a prior owner and that the applicant seeks to reuse that pad rather than repave other parts of the site. “So that's why it was kinda because the rest of the parking lot is all gravel…so we're trying to just utilize the…existing concrete,” Cygnitski said.

During the hearing staff noted that building- and fire-code requirements could require shifting the temporary structure farther from the property line and that the board’s approval would represent the closest allowable location; if code requires a greater setback, the applicant would have to move the building accordingly.

A board member moved to approve “a variance from Hilliard Code section 1113.03 to reduce the required side setback from 20 feet to 5 feet.” The motion was seconded and carried unanimously. Vote calls recorded on the transcript show affirmative votes from the board members present, and the chair declared the motion carried.

The approval includes the conditions listed in the staff report; staff retained authority to work with the applicant on minor site adjustments required by building- or fire-code review.