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Trustees overturn Planning & Zoning denial, grant setback variance to homeowners
Summary
After an extended quasi‑judicial hearing, the Board of Trustees approved an appeal by Deborah and Ralph Tso and granted a variance to place a 12x14 Tough Shed closer than the 10‑foot side setback. The Planning Director had recommended upholding the denial; the board split 2–1 in favor of the appellant.
The Board of Trustees heard a multi‑hour quasi‑judicial appeal by Ralph and Debbie Tso seeking a variance to place an accessory building closer than the 10‑foot side yard setback at 378 Tyler Road.
Planning & Zoning Director Makita Hill summarized the record and staff findings, noting the application was complete and that site inspections and the staff report concluded there was not a justifying 'unnecessary hardship' under the ordinance; the Planning & Zoning Commission denied the variance by a 6–1 vote.
Debbie Tso, the applicant, presented extensive testimony describing long delays since her first application in 2020, financial costs she said resulted from repeated efforts, and her argument that the property's configuration and prior village actions created undue hardship. She also cited nearby precedents and neighbors' letters of support.
Trustees questioned alternatives — whether a narrower or forward‑set structure would meet her needs, and whether adjacent village‑owned land could be used — and reviewed photos and site dimensions. The board briefly recessed for further consideration.
After deliberation the trustees voted on the appeal. The motion to approve the appeal carried on a 2–1 roll call: Trustee Keir and Trustee Ryo voting "yes," Trustee Radnovich voting "no." The board thereby overturned the P&Z denial and granted the requested relief as appealed.
Why it matters: The decision reverses the planning commission's conclusion of no hardship and authorizes a setback variance for the property. Board members noted competing values: adherence to zoning rules and concern for property owners' practical needs.
Quote: "This is a Tough Shed. This isn't a thing…I'm tired. I have been trying to put in a tough shed for four years," applicant Debbie Tso said in her testimony, describing the sequence of attempts and costs.
Next steps: The Board indicated it will issue a written decision within the statutory timeframe setting out the factual and legal basis for the order; staff and legal counsel will prepare the order and notice.
