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Rushford Village council grants variances allowing Branden Johnson to build 45'x60' shed
Summary
After a public hearing on Sept. 3, 2024, the Rushford Village City Council approved two variances allowing Branden Johnson to place a 45'x60' detached shed in the front yard and raise sidewall height to 14 feet, citing lot floodplain and utility placement as practical difficulties.
The Rushford Village City Council on Sept. 3 approved two variances permitting Branden Johnson to build a 45-foot by 60-foot detached shed sited in front of his house and with 14-foot sidewalls, exceptions to Ordinance 1509.06 and 1509.07.
Planning/Zoning Administrator Jon Pettit told the council that locating the building behind the house is impractical because the lot lies near the floodplain and the positions of the Johnsons’ well, waterlines, electric, septic and propane tank prevent placing the structure to either side. Pettit also said that the requested 14-foot sidewalls, two feet higher than the ordinance allows, are needed to accommodate the equipment Johnson intends to store and that the subdivision’s layout is not a traditional dense cul-de-sac development, weakening the ordinance’s uniformity rationale.
City Attorney Joseph O’Koren reviewed the legal standard for a variance—reasonableness, uniqueness and preservation of the essential character of the property—and stated his view that the Johnson requests met those factors because of the lot’s floodplain and utility constraints. The minutes record that Johnson said his neighbors, the Sandenos and the Happels, did not object to the location or height.
The hearing was closed by motion (motion to close the hearing by Council Member Robert Hart; second by Rick Ruberg). The council then adopted Resolution 2024-09-03-01 approving the location variance (motion by Travis Link; second by Robert Hart) and Resolution 2024-09-03-02 approving the sidewall-height variance (motion by Rick Ruberg; second by Mike Ebner). Both motions carried. The minutes note that Branden, Ashley and David Johnson left after the variances were approved.
Ordinances cited in the hearing were Ordinance #5, Section 1509.06 (no accessory building or structure in front yard) and Section 1509.07 (detached accessory building sidewall height limited to 12 feet). The council’s minutes do not list additional conditions attached to the resolutions.
The council record shows the variances were approved during the regular meeting immediately following the public hearing; no appeals or further administrative steps are recorded in the minutes.
