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Board approves variance for detached garage after owner says he misunderstood rural permit limits
Summary
Jon McClain received approval for variances to keep a recently built detached structure that exceeds size, height and setback limits; he told the board he had built based on in-town experience and did not realize rural rules differed.
The Preble County Board of Zoning Appeals on March 24 approved variances for Jon T. and Alexis McClain to retain a detached structure at 60 Enterprise Road that exceeds local limits for height, size and setbacks.
Jon McClain said he constructed the building after moving from town and did not realize rural zoning limits differed: "I had constructed a garage around the same size, in town, I received my permits and got it constructed. Well, when we moved out to the country, to be honest with you, I had no idea about needing permits, out in the country," he said, explaining he chose the site to avoid a septic leach field and because an existing shed constrained placement.
Board members asked about neighbor input; McClain said his adjacent neighbor had no objection. Sarah Driver moved to approve Case 5746 using Section 1404.01, D (1–7); Curtis Caplinger seconded and the motion passed unanimously. The board approved the variances with the understanding that many neighboring buildings predate zoning and that the county staff had followed notice procedures.
The approval regularizes the structure despite its departures from code (17' height, 1,080 sq ft, 12% lot coverage, 8' setback from north property line). The applicant was reminded to coordinate any future changes with the zoning office and to obtain any required building-permit documentation.
