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Board allows garage to be built before house, gives two years to hard-surface driveway
Summary
The board approved a request to build a garage ahead of the principal residence but imposed a condition that any gravel driveway be replaced with a hard surface within two years of the variance grant; the board also waived a sidewalk requirement in the same case.
At its Aug. 26 meeting the Vermilion Board of Zoning Appeals approved a variance allowing a garage to be constructed before the principal residence on a vacant lot, but attached a condition that the driveway be hard-surfaced within two years from the date the variance was granted. The applicant had asked for flexibility because the garage contractor was ready to begin work.
Board members discussed enforcement and timing. A former board chair, Greg Butchko, told the board that the board historically granted one-year gravel allowances for such cases and sometimes extended them. "Originally, what we did in this exact scenario was it was a 1 year variance for a hard surface driveway... and then we also gave extensions for the 1 year on the hard surface driveway," Greg Butchko said, urging consistency with past practice.
Board members expressed concern about practical enforcement and agreed the timing should start when the variance is granted. The board settled on a two-year temporary allowance for a gravel driveway, with the requirement that the driveway be hard-surfaced by the end of that period; that condition will be recorded with the permit and tracked by the building department.
The board also granted a waiver of a sidewalk requirement for the property in the same vote. Neighbors who spoke in support said the lot is set back and currently lacks nearby development, and the applicant said the house and garage schedules were aligned with contractor availability.
The order of the board’s motion recorded the condition explicitly: the temporary gravel allowance begins on the date the variance is granted; failure to hard-surface within the two-year window may prompt enforcement by the building department. The applicant and building staff were instructed to document the timeline in permit paperwork.
The board will review the permit file and follow up as needed; applicants may reapply or appeal to the county court of common pleas if they disagree with conditions.
