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Gahanna zoning board affirms denial of variance for 400 Braemar Court pool structure
Summary
The City of Gahanna Board of Zoning and Building Appeals on Oct. 14 affirmed the Planning Commission's denial of a height variance for an accessory pool structure at 400 Braemar Court after finding the record did not show circumstances warranting a variance; the applicant said earlier staff guidance led him to build before a permit was issued.
The City of Gahanna Board of Zoning and Building Appeals on Oct. 14 upheld the Planning Commission's denial of a variance for an accessory pool structure at 400 Braemar Court, affirming the commission's decision by roll call after hearing testimony from the homeowner and the city's representative.
The vote affirmed the Planning Commission's denial of variance V-0019-2025 for the property at 400 Braemar Court (Parcel ID 025-011408). The board heard that the codified ordinance limits accessory structures to 15 feet in height and that the structure at issue was built to roughly 16.5 feet after an earlier design at about 17 feet. The applicant, homeowner John Esterby, and his contractor, Corey Shue of Cedar and Stone, sought relief after the Planning Commission denied the requested variance.
The case centered on whether the applicant had proven, by a preponderance of the evidence, that the Planning Commission erred in weighing statutory variance criteria. City attorney Mister Roth told the board: "I believe the planning commission acted properly in denying this," arguing the commission correctly found no special circumstances on the lot to justify a height variance. Roth also explained the legal standard: the board must determine whether the Planning Commission appropriately applied the ordinance factors for granting a…
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