Stow BZA approves deck and pavilion variances at 3420 Diedrich Road to provide accessible outdoor space

The Stow Board of Zoning Appeals on Dec. 8 approved variances permitting a larger deck and a 12-by-12 pavilion at 3420 Diedrich Road to provide accessible outdoor space for the applicant's wife. The board voted 3-0 to grant the three variances after hearing staff explanation and testimony from the applicant, Dale Hughes.

The request covered three deviations from the Stow zoning code: a reduced principal-structure setback for a deck, a reduced accessory-structure setback, and a total accessory-structure area greater than the 800-square-foot limit. Planner/Staff told the board the property is in the R-2 residential district on the Kent border and that the proposal would require a 5-foot variance from the 10-foot principal-structure setback, a 1-foot variance from the 6-foot accessory setback, and a variance of 160 square feet above the 800-square-foot accessory-area limit (proposed combined accessory area: 960 square feet). The planner added that under an adopted code change taking effect Feb. 9 the net variance would shrink to 96 square feet because the new allowance would be 864 square feet.

Dale Hughes, who was sworn before speaking, told the board the work is driven by a health and accessibility need. He said his wife has experienced cognitive decline and multiple chemical sensitivities and that the enlarged, covered area is necessary for her to use a walker and be outdoors safely. "She needs 12 by 12 feet to be able to maneuver with a walker," Hughes said, describing the pavilion and the required footprint. He also said a large maple tree and the historic layout of the lot restrict the home's footprint, and that nearby neighbors he consulted raised no objection.

A board member praised the project design and said the proposal is contiguous with the back of the existing garage and straightforward to evaluate. After brief discussion, the chair moved to approve all three variances for case BZA25035; the motion was seconded and passed on roll call with Franks, Urban and Roberts voting "yes." The board recorded the outcome as approved (yes 3, no 0).

In other business the board approved its proposed 2026 meeting dates (second Monday at 6 p.m.), noted that member Miller will not continue on the BZA next year, and was informed that the zoning-code update was approved with an effective date of Feb. 9. The meeting adjourned at 6:16 p.m.

The decision grants the applicant relief from Stow's zoning setbacks and accessory-area limits as summarized above. The approval does not specify additional conditions in the hearing record; any building permits, inspections or contractor approvals remain subject to Stow's permitting process and the effective code change on Feb. 9.