ZBA OKs 1 requests, denies other

By Sheryl Roadcap - sroadcap@sidneydailynews.com

SIDNEY —The Sidney Zoning Board of Appeals approved a conditional use permit request, but denied a variance request during Monday’s meeting, on June 17.

The board granted the request of William Crist for a conditional use permit for a home occupation at 121 E. South St., specifically woodworking to manufacture games and crafts. The property is located in the R-2 single and two-family residence district.

Home occupations are a conditional use in the R-2 district, per the zoning code, said Barbara Dulworth, community development director.

The property is a two-family dwelling. The second unit, 119 E. South St., is not currently occupied, she said, and if approved, Crist should advise potential tenants about the business in the basement.

The request was granted, with conditions listed for all home occupations in subsections b through r of section 1147.21 of the zoning code, as well as the following:

• No one other than residents of this property may be employed in the home occupation;

• No sale of items may take place at the residence;

• The home occupation must be conducted solely between 7 a.m. and 10 p.m., Monday through Saturday, and 10 a.m. to 10 p.m. on Sunday;

• No outdoor storage or display shall be allowed. One sign, no more than 12-inches by 12-inches, mounted flat against the wall of the residence shall be allowed with approval of a permanent sign permit;

• Any public advertisement may not include the address of where the home occupation is being conducted;

• The business must be conducted in compliance with all federal, state, and local laws and ordinances;

• The residence must comply with fire safety requirements of the fire department.

Crist was asked if understood the requirements and if he intended to come into compliance with the fire department’s findings to correct the electrical issues. He agreed he had no problem with the conditions and will have the fire department’s findings corrected. A follow-up inspection will be completed by the fire department to ensure compliance.

In other business, the board denied the variance request of Best Services, on behalf of AutoZone, for a variance to allow the structural components of a fence to face adjacent properties rather than the subject property at 1218 Michigan St., in the B-2, community business district.

Dulworth told the board that Best Services’s contractor had been notified by the city in October 2018, February 2019 and April 2019 that a permit was required prior to installing a fence. After the fence had been installed, Dulworth said, Best Services applied for a fence permit, which cannot be approved because the fence does not comply with the code requirement. It is not in compliance because, “Except in the case of dual-faced fences or walls, all supporting posts must be located on the side facing the interior of the property upon which the fence is located,” Dulworth said.

She noted variances are intended to provide flexible development regulations for circumstances in which there is evidence of undue hardship or practical difficulty. In this case, she said, there is no evidence of either condition and city staff could find no extraordinary circumstance related to the property. The fence can be made compliant by either moving the panels to the other side of the supporting posts or by adding a panel to the second side to create a two-sided fence, Dulworth said.

She told the board the applicant, Elvis Joseph, was absent during Monday’s meeting because he was stuck on the highway. Dulworth said he was given the option of tabling the request until he would be able to attend, but he said it was unnecessary.

Due to the fence not meeting the code requirement, the variance was denied by the board.

Board member Jim Fortkamp was absent Monday and was excused by the board.

By Sheryl Roadcap


Reach the writer at 937-538-4823.

Reach the writer at 937-538-4823.