Toledo BZA approves multiple setback and paving variances, denies Linden Lane fence height appeal

The Toledo Board of Zoning Appeals on an agenda of zoning variances approved requests allowing reduced front setbacks for accessory buildings and parking lots, and allowed several existing or proposed gravel parking areas to remain unpaved; the board denied a request to retain an over-height fence at 2401 Linden Lane.

The board approved variances for multiple applicants who told the panel that site topography, existing lot layouts or business operations created practical hardship under the city code. In one contested case, the panel voted 3–2 to deny a property owner’s appeal to keep a fence taller than the city allows in the front yard.

Board members prioritized requests tied to access and operations: applicants said strict adherence to the Toledo Municipal Code setbacks would prevent reasonable placement of parking or accessory buildings because of riverfront topography or long-established lot conditions. Several applicants and their representatives described the measures as necessary to allow construction or safe day-to-day use of properties. In the Linden Lane case the owner said the fence was installed for safety; neighbors and staff raised code and public-safety concerns and the board declined to uphold the higher height.

A sampling of cases decided at the meeting:

- BZA case 24-00030 (Justin Lathan, 1818 Broadway St.) — deferred. The applicant was not present and the board voted to defer the case to a future cycle; the motion and second were recorded but the transcript does not name the mover or the vote tally. The request was for a privacy fence height variance under TMC provisions for front-yard fence heights.

- BZA case 24-00048 (Alethea Easterly / 1402 Indiana Ave.) — approved. The applicant sought variances to allow a front setback reduction for an off-street parking facility along Indiana and Junction avenues and to allow a 6-foot privacy fence within the front setback. Marcus Goodwin, who appeared and was sworn, described the need to combine parking areas and add landscaping so the site “blends into what’s already there” and to avoid what he called “a lot of hardship to get started.” Planning staff and the planning commission indicated support in the packet; the board granted the variance (motion and second recorded; detailed tallies not specified in the transcript). The applicant was told to obtain required permits following approval.

- BCA/BZA case 25-00002 (Nathaniel Walker, 2437 Broadway St.) — approved. Walker requested a variance from the 60-foot front setback for an accessory carport, saying that a 60-foot setback would place the structure in the river and that similar buildings along the corridor sit much closer to the street. Walker said the building on the lot dates to 1855 and that the variance would help residents access vehicles in severe weather. Board members indicated no transportation concerns in their internal review and approved the variance; the applicant was instructed to coordinate permits with staff.

- PCA25-00004 (Darren Lawrence / Toledo Tankwash, 4304 Massinger Rd.) — approved. Ryan Smith of Charles Construction Service, representing Toledo Tankwash, asked that an existing stone parking area and some drive aisles be allowed to remain unpaved; the applicant said part of the site will be paved in a separate phase and that the request aligns with existing site conditions. The board approved the servicing/drainage variance.

- BZA25-00005 (Adam Bonnell, 3457 River Rd.) — approved. Bonnell requested a 29-foot reduction from the required 60-foot front setback for an accessory garage, explaining riverfront topography and that many nearby structures sit roughly 20–25 feet from the road. The board approved the variance; staff reminded the applicant to begin the permit process.

- BCA case (Lindy/Linde Gas and Equipment / Matt Bridal; address in packet) — approved. The applicant requested to extend an existing gravel lot to the property line and to retain stone surfacing for some drive aisles. Packet materials included approval from North Cross Industrial Park and planning commission support; the board approved the request.

- BZA25-00007 (Yolanda Trinidad Lopez, 2401 Linden Lane) — denied, 3–2. Lopez, the property owner, appealed a code enforcement action by requesting to keep an existing fence she said was installed long ago to protect the property and her pets. Lopez testified to safety concerns and said the neighborhood had issues with loose dogs and trespassing; she told the board she and her family had worked to clean up the lot. The transcript records Lopez saying, “Pit bulls running wild in the neighborhood, trying to jump the fences and trying to get to my my dogs and kill my dogs.” Board discussion referenced recent city changes to fence rules, differences between front- and side-yard standards, and that the front-yard allowance remains more restrictive. The board voted with members Eric Craig, “Chris” and Nathan Napke opposing the variance and members Devon Overton and Julie Randall supporting it; the motion to deny carried 3–2. Staff told Lopez she may appeal the board’s decision to county court or otherwise reduce the fence to 6 feet as required.

The board also handled routine administrative matters including a request to defer appointment of a chairman to a future meeting while membership and staff transitions proceed. Several applicants and successful parties were reminded to apply for building or zoning permits with city staff following approval.

Votes at a glance: where a formal outcome was recorded, the board approved variances for cases 24-00048 (Easterly), 25-00002 (Walker), PCA25-00004 (Tankwash/Charles Construction), BZA25-00005 (Bonnell) and the Lindy/Linde gas lot expansion; BZA25-00007 (Lopez, 2401 Linden Lane) was denied 3–2; PZA 24-00030 (Justin Lathan) was deferred.

Several applicants cited topography, historic building placement or existing lot configurations as the basis for their requested variances; staff noted that some site plans included landscaping or phased paving to reduce visual or drainage impacts. Where approvals were granted, staff advised applicants to complete the city’s permitting process before beginning construction.