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BZA approves small accessory structures at Underwood property; board requires removal of large saloon structure within six months

Noble County Board of Zoning Appeals · August 6, 2026
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Summary

The board granted a development-standards variance for several small accessory 'playhouse' structures at 2425 S. State Road 109, conditioned on removal of one large saloon structure within six months; applicants and neighbors described the installations as family-built play spaces with no overnight use.

The Noble County BZA approved a variance allowing five accessory structures at the Underwood property (2425 S. State Road 109) after receiving large public support and hearing the applicant describe the project as a family 'playhouse' project rather than residential units. Staff and the applicant discussed drainage, NDOT review of State Road 109, and some structures exceeding 120 square feet; the drainage board had reviewed the project with conditional approval related to drainage.

Counsel Jacob Atz said the structures were "intended to be and used as playhouses... strictly for the family" and that they do not have utilities or are used for overnight stays. Applicant Shantel Weller described a family effort to clean up the property and use recycled materials for small structures and said she would cooperate on removal of any structure the board required. Several neighbors spoke in favor, saying the project brought family activity and cleaned up a previously junked lot. Board members debated a timeline to remove an oversized 'saloon' structure; after discussion a motion passed to approve the variance provided the saloon structure is removed within six months. Staff read findings of fact into the record and the board entered approval with that condition.

The approval is a development-standards variance tied to the condition for removal; building permit requirements and any compliance corrections noted by the building department remain in effect.