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Vermilion zoning board grants conditional variance for oversized garage at 320 Berkshire Road
Summary
The Vermilion Board of Zoning Appeals granted a six-month, conditional variance to allow a homeowner’s garage to remain 57 square feet over the district limit, contingent on completing a land consolidation process; the applicant, Mary Stone, said the structure was built two years ago without a permit.
The Vermilion Board of Zoning Appeals on an evening vote granted a conditional variance allowing a garage at 320 Berkshire Road to remain 57 square feet larger than the zoning district maximum, provided the homeowner completes a land-consolidation process within six months.
The variance, approved after discussion of code compliance and neighbor complaints, permits an 825-square-foot detached garage where the RS district limit is 768 square feet. The board’s motion included a six-month condition to complete consolidation of four lots that the structure currently spans.
Mary Stone, the homeowner and applicant, told the board the garage was built about two years ago without a permit and that the extra 57 square feet is needed to store a boat and a fifth wheel. “We are also requesting approval for the garage size, which is approximately 57 square feet over the allowed limit,” Stone said. She said she is arranging a survey for consolidation but that the surveyor is several weeks out and the process will cost about $5,000.
Board members questioned whether the structure meets other building-code requirements and whether unpermitted construction could carry a penalty under Ohio code. The board chair noted the law provides a route to levy higher permit fees for nonpermitted buildings but said there was no presented evidence of code violations that would prevent remediation. A member said an inspection could identify any needed corrections and the chair observed the structure appeared to be of good quality.
The chair moved the variance as written, specifying the RS district maximum of 768 square feet and a proposed 825-square-foot allowance, conditional on completing lot consolidation within six months; a second was offered and the motion carried following affirmative roll-call responses. After the vote the applicant thanked the board.
The board’s decision is conditional, and appeals or reapplications remain available under the procedures the chair described at the meeting. The board did not specify penalties or fee amounts for the prior unpermitted construction at the time of the vote.
Next procedural steps: the applicant must pursue the lot-consolidation survey and the board’s condition will be revisited if the consolidation is not completed within the six-month window.
