Get Full Government Meeting Transcripts, Videos, & Alerts Forever!
Get email alerts on the Zoning Variance topic
No spam. Unsubscribe anytime.
Huber Heights board approves variance to allow 16-foot barn in side yard at 6795 Fitchburg Road
Summary
The Board of Zoning Appeals unanimously granted a variance to allow an unpermitted 16-foot accessory barn to remain in the side yard at 6795 Fitchburg Road after city staff said the structure was built for agricultural use and adjacent property owners raised no objections.
The City of Huber Heights Board of Zoning Appeals approved a variance June 4 to allow an existing, unpermitted accessory building that exceeds the city's height limit to remain at 6795 Fitchburg Road.
City zoning staff reported the property, zoned single-family residential but used agriculturally, contains a 16-foot barn placed in the side yard roughly 400 feet from the road. The zoning code permits accessory buildings not exceeding 14 feet in height; the owner requested a 2-foot variance to allow the structure to remain.
The zoning staff member told the board that the property owner had sought a building permit from Montgomery County and was told the structure was an agricultural use that did not require a county building permit. "He was told by Montgomery County this building will be used agriculturally. It did not require a building permit," the staff member said, and added she had verified that statement with Montgomery County's chief building official. Staff said the city has no objection to granting the variance, engineering had no concerns, and adjacent properties received notice with no objections reported.
The board reviewed the standard variance factors on the record, including whether the property could yield a reasonable return without the variance and whether government services would be affected. After the roll-call assessment, the board voted 5'to'0 to approve the variance; the board's roll call recorded votes in favor by Miss Ballard, Mr. Dean, Mr. Schaeffer, Mr. Mach, and Miss Newby.
The applicant, identified in the file as Keith Bean, did not appear at the hearing. The record reflects that the building was constructed without a city permit and that the owner said he relied on Montgomery County's guidance about agricultural-use exemptions when he proceeded without a city permit.
The board's action allows the accessory building to remain in its present side-yard location at the recorded 16-foot height. The city's staff will retain the case file and any follow-up required to document the variance and compliance with other applicable regulations.
