BZA approves lot-split variance for 9.6-acre Mill Street parcel, creates two undersized lots

The Pataskala City Board of Zoning Appeals approved a variance Oct. 14 permitting the subdivision of a 9.6-acre agricultural parcel at 12114 Mill Street Road SW into two lots smaller than the zoning district’s 10-acre minimum.

The applicant proposed creating a 2.438-acre lot fronting Broad Street and a 6.537-acre remainder fronting Mill Street, leaving both lots below the agricultural district minimum. City staff said the existing parcel is nonconforming at 9.6 acres and noted the proposed split would reduce the larger remainder by about 34 percent relative to the 10-acre minimum and reduce the new lot by roughly 75 percent.

Staff advised that direct access to Broad Street may be difficult because of existing right-of-way and guardrail and that the new lots would likely require access agreements or shared access to reach the public street. The county health department requested a lot-application submittal but indicated no foreseeability of issues.

A surveyor hired by the applicant, identified in the record as Mr. Ingram, confirmed he prepared the property survey and said the driveway currently encroaches into an adjoining parcel, for which an easement has been created.

During findings of fact the board found unique circumstances because the parcel is already nonconforming and determined the requested relief, while substantial, would not impair adjacent properties or public welfare. The board approved VA-25-028 with two conditions: the applicant must address all comments from the Licking County Health Department and obtain replat approval from the Planning and Zoning Commission within one year of approval.

The motion to approve passed on a roll call recorded in the minutes as: Mr. Greenberg — yes; Mr. Coleman — yes; Mr. Howe — yes.