Paula Hofstetter told the Delaware County Board of Zoning Appeals that she sought variances for her property at 10608 North Colby Avenue so her family could legally keep poultry, use a small hobby/guest building for her son Atticus(whose medical condition requires access to a thermoregulated space), and place a sign advertising eggs.

Hofstetter said the flock has been reduced from a historical high of about 103 birds to roughly 50 and that many are miniature or micro breeds; she said overproduction of eggs is occasional and most surplus eggs are given away or sold informally in the summer months. She also explained that a shed listed as a guest house lacks the foundation required for living quarters and that the county building commissioner, Tom Fouch, advised what would be needed to convert it to habitable space.

Staff reported two emails and one letters of support were submitted and that Commissioner Fouch visited the property and wrote a letter noting the current structure cannot be permitted as living quarters without proper footings, advising permits are required for structures 200 square feet or greater, and stating he is not pursuing fines at this time. Board members asked about bird counts, the frequency of egg sales, and neighborhood reactions; Hofstetter said neighbors had not objected when consulted.

A motion to approve BZA55-25 "based on the hardship stated therein" passed by roll call 4-0. Staff said they will provide certification of the approval to allow the Hofstetters to pursue required permits. The county building commissioner's letter remains the controlling guidance on what work is required to convert the outbuilding into living quarters.

The certification that staff issues following approval will be needed before any building or conversion permit is issued, and the applicant was told to follow the building-commissionerinstructions for footing and permit requirements.