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Stow City appeals board denies homeowner challenge to dangerous-building designation for 4041 (Klein/Cline) Avenue
Summary
The Stow City Board of Zoning Appeals on July 13 denied an owner'initiated appeal of a dangerous-building order for the fire-damaged house at 4041 (transcribed as Klein and later as Cline) Avenue, confirming the city'issued condemnation and authorizing staff to coordinate next steps with the owner and insurers.
The Stow City Board of Zoning Appeals on July 13 voted to deny an appeal from a property owner seeking to overturn a city'issued dangerous-building designation for the fire-damaged house recorded in the transcript as 4041 Klein Avenue (the address is later transcribed in the record as 4041 Cline Avenue).
Staff introduced Case BZA202613 and distributed the condemnation letter, the fire report and site photos. A staff member told the board that "Tony Galliano declared it a dangerous building based on damage from the fire, per section 13 11.11 of our code," and said the condemnation was filed as an automatic appeal because the homeowner had not contested it within the 60-day window.
An agency official told the board the structure was a "total loss," saying insurers and contractors had inspected the property and that Paul Davis Restoration had recently evaluated options for removal and rebuild. The official said significant burn-through on the first and second floors left the structure likely unrecoverable without demolition. "Various contractors come in there looking it over. They want to try to save the foundation. We can't even get that far with it," the agency official said.
A nearby resident who said her property backs up to the damaged lot told the board her fence burned and that she had trouble obtaining the fire department report needed to file an insurance claim. The resident asked how to follow up; staff directed the resident to coordinate with city staff and her insurer to pursue claims and recovery.
Board members and staff discussed rebuilding constraints. Staff explained the property is in R-3 zoning and that current setbacks are 35 feet for the front yard, 25 feet for the rear yard and 8 feet for each side yard. Staff said an engineer would need to assess whether a foundation could be reused; if the foundation must be replaced and cannot meet today's setback requirements, the owner would need a variance to rebuild in place.
A committee member moved to approve the owner's appeal (which would have reversed the condemnation) and another member seconded. Board members then announced votes recorded in the transcript as Mr. Genjeczek, Mr. Seifert, Mr. Franks, Mr. Urban and Mr. Roberts; each voice was recorded as voting "No." With no recorded yes votes, the motion was denied and the appeal failed, confirming the city's condemnation. Staff said the city will pursue the condemnation action with the owner and coordinate with insurers about removal and next steps.
With no further business, the board adjourned at 06:13.
Notes: The meeting transcript contains inconsistent spellings of the property street name ("Klein" and later "Cline") and of at least one board member's name in roll call versus the vote roll; this story uses wording that reflects those inconsistencies rather than substituting names or addresses that do not appear in the record.
