Toledo Zoning Board approves two variances, defers three after safety and plan discrepancies raised

The Administrative Board of Zoning Appeals approved two variance requests, postponed action on two others and removed one item from the agenda during its hearing.

Board members approved a pair of variances for 3783 Sherbrooke Road and for a property at 2204 North Reynolds, while deferring applications that raised concerns about backyard coverage with concrete and a fence that appears to encroach on public right of way. One case that had been deferred multiple times was removed from the hearing list.

The Sherbrooke Road case involved a homeowner who replaced an existing chain-link fence with a taller wooden fence without obtaining zoning permits. Jeff Dennis, appearing for the homeowner, said the change resulted from a contractor who “proceeded without the required permits” and apologized for the oversight. The board voted in favor of the requested relief for a fence that exceeded the 42-inch front-yard limit and for a reduced site setback; recorded board members answering “yes” during the roll call included Christie Seinekrant, Devon Overton, Nathan Abke and Eric Craig.

At 2204 North Reynolds, applicant Shavik Ekkalin told the board he purchased the property and is seeking a reduced 15-foot setback to operate a used-car lot; he said a 25-foot setback would “really affect the business of operating the used car dealer.” The board approved that variance; the board’s roll-call for that item recorded members voting in favor.

Two other cases were deferred for additional information and revised drawings. At 523 East Pearl the applicant requested a variance for rear-yard coverage — described in the application as 4 percent over the 30 percent accessory-structure limit — and a side-yard setback reduction. During the hearing board members and staff pointed to photographs that show most of the rear yard covered in concrete and asked the applicant to submit accurate drawings and dimensions so the board can calculate total rear-yard coverage (code discussion noted that accessory structures plus driveways and parking generally may not occupy more than 50 percent of a rear yard). The board moved to defer the application to the next monthly meeting to allow resubmission.

At 5439 Seacore Road the applicant, Jess Beatty, said neighbors had driven across the property and the owner installed a six-foot fence so a family member with agoraphobia could use the backyard as a “safe place.” Board members and a neighboring resident, Michael Enderjeski, who said he had “been hit almost a dozen times” because the taller fence blocks his view when exiting his driveway, raised safety and public-right-of-way concerns. Staff noted portions of the fence appear to encroach into the public right of way and recommended the applicant move sections back; the board deferred the application so the applicant can update the filing and staff can confirm the right-of-way line.

A previously deferred privacy-fence case for 1818 Broadway that had been postponed multiple times was removed from the agenda after no one appeared to represent the applicant.

Board secretary and staff told applicants whose matters were deferred to refile or submit corrected drawings; staff said the resubmitted materials will be scheduled for the next monthly hearing. The board also approved the meeting minutes from Feb. 24, 2025 and conducted internal nominations for a chair.

Votes at a glance

- BZA-25-00008 (3783 Sherbrooke Road): Applicant sought variance to allow fence 6 inches over the 42-inch front-yard limit and a 5-foot reduction from an 18-foot site setback. Outcome: approved. Board members recorded voting yes: Christie Seinekrant; Devon Overton; Nathan Abke; Eric Craig. Motion/second not specified in the record.

- BZA-25-00010 (2204 North Reynolds): Applicant (Shavik Ekkalin) requested a 10-foot reduction from the 25-foot minimum setback (requesting a 15-foot setback) to operate a used-car lot. Outcome: approved. Board members recorded voting yes during roll call.

- BZA-25-00009 (523 East Pearl): Applicant requested 4% over the allowed 30% rear-yard accessory-structure coverage (application materials indicate about 34%) and a 3-foot reduction from a 3-foot side-lot setback. Staff and board identified significant existing concrete that may push combined coverage over 50% of the rear yard. Outcome: deferred for resubmission with revised drawings and dimensions.

- BZA-25-00011 (5439 Seacore Road): Applicant (Jess Beatty) requested roughly 2.5 feet over the required 3.5-foot front-yard fence height and an 8-foot reduction from an 18-foot setback. Neighbors raised sight-line and safety concerns; staff said part of the fence appears to encroach on public right of way. Outcome: deferred for resubmission and a right-of-way check.

- BZA-24-00030 (1818 Broadway, Justin Lathon): Repeatedly deferred privacy-fence request; no representative attended. Outcome: removed from the hearing/agenda.

What happens next

Applicants for items deferred were instructed to submit corrected drawings, dimensions and any supporting materials (for example, medical documentation if relevant) before the board’s next monthly meeting. Staff said there is no additional fee for resubmission and will notify applicants of the exact date and time for the continued hearing.