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Board denies Jenkins accessory-dwelling variances after neighbors and staff raise enforcement concerns
Summary
The BZA denied two variances that would have permitted a detached accessory dwelling unit at 4899 N. Old State Road 37, citing lack of owner-occupancy, lot-size requirements, and an unresolved enforcement case over multiple unpermitted apartment units.
The Monroe County Board of Zoning Appeals voted 4–0 to deny two variances requested by David Jenkins that would have allowed a detached accessory dwelling unit (DADU) on a parcel north of Griffey Lake.
Planning staff reported a lengthy enforcement history: an anonymous complaint led to a use determination that the Pole Barn structure had been converted to multiple dwelling units without permits; planning classified the property as multi‑family (5+ units) and opened enforcement case AC 2533. Staff told the board the owner had been responsive but had not satisfied the ordinance’s practical-difficulty standard for the requested variances (owner occupancy and five‑acre minimum).
David Jenkins appeared remotely and said he sought to keep a single unit while decommissioning others. Neighbors objected strongly in public comment, saying the property had been used as a multi‑tenant rental development, noting unpermitted additions and traffic and safety concerns. One neighbor stated the LLC used to manage rentals was dissolved; others recounted repeated, unpermitted work on the site.
After hearing staff, petitioner testimony and public comment, a board member concluded the owner had not carried the burden required to grant either variance and moved to deny. The motion to deny both VAR‑25‑85A (owner‑occupancy) and VAR‑25‑85B (five‑acre lot size) passed 4–0.
