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Board approves variance to allow hot tub near property line at 251 Stanberry

2146517 · January 23, 2025
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Summary

Bexley planners approved a variance to allow an above‑ground hot tub to be located 3 feet 9 inches from the property line at 251 Stanberry, with staff finding existing fence and self‑latching gate met requirements; vote 5–2.

The Board of Zoning and Planning granted a variance Thursday to allow an above‑ground hot tub to be placed 3 feet 9 inches from the rear property line at 251 Stanberry.

Luke Gherkin, speaking for the homeowner, said the hot tub was sited to maintain courtyard access from existing doors and to provide the homeowner privacy. Planning staff told the board that swimming pools and similar features are treated the same in the zoning permit fee and that code defines a family pool as any pool exceeding 18 inches of water depth (Bexley code sections 1464.01 and 1464.08). Under the code, typical pools must be 8 feet from the rear property line, but staff calculated this hot tub would be 3 feet 9 inches from the property line and recommended approval on the basis that the hot tub is much smaller than a typical pool and has less occupant load and noise potential.

Board members asked whether the tub would be above ground and whether the existing property fence included a self‑latching gate. Staff confirmed the hot tub would be above ground, would have a cover, and that the application showed an existing fence with a self‑latching gate; those features satisfied the code’s safety intent for pools.

During roll call the motion carried 5–2. Mr. Turner and Mr. Rosenthal voted no; other members voted yes. The board’s findings grant a 4‑foot‑3‑inch variance from Bexley code section 1464.02 to allow the hot tub to be sited within 3 feet 9 inches of the property line.

The applicant was asked to ensure fencing and gate compliance and to obtain any required permits before installation.