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Board approves variance to let homeowner place fence on northern lot line at 28 Lincoln St. SW
Summary
The Pataskala Board of Zoning Appeals approved variance VA-26-010 allowing Wendy Fischer to build a 4-foot wooden fence along the northern property line at 28 Lincoln Street SW, waiving the three-foot setback required from an unimproved right-of-way. Approval is conditioned on obtaining city permits within one year.
The Pataskala City Board of Zoning Appeals on June 9 approved variance VA-26-010, permitting a 4-foot wooden fence to be built on the northern property line at 28 Lincoln Street Southwest despite a three-foot setback requirement. The board approved the request after a staff presentation and brief applicant testimony.
Michaela, planning staff, described the 0.17-acre lot as surrounded by rights-of-way on three sides and said the applicant proposed a roughly 50-foot fence that would sit at the northern property line and therefore not meet the required three-foot setback under section 1279.04A1. Staff noted the request represented a 100% reduction of the required setback but that the fence would meet other zoning regulations.
Wendy Fischer, the applicant, was sworn and confirmed she had no additions to the staff report. During deliberations the board applied the standard variance criteria: members found the lot would yield reasonable use (criterion A) and that the request was substantial (C), but they said there were no unique physical circumstances preventing strict compliance (B) and that granting the variance would not be detrimental to public welfare or adjacent properties. After a motion to approve with conditions passed, Chair told Fischer, “Miss Fischer, you are approved for your condition to build your fence on the property line. Good luck with your build.”
The approval is conditioned on the applicant obtaining all necessary permits from the City of Pataskala within one year of the date of approval. The motion passed on roll call votes recorded as yes from Mr. Vanderan, Mr. Cooper, Miss Pierce and Mr. Bader.
The board also approved the findings and facts related to VA-26-010 at the same meeting. No other departments offered comments and staff noted an unrelated active code violation for a neighboring property for litter and debris that could result in further enforcement if not corrected.
