ZBA approves 2 requests

By Sheryl Roadcap - [email protected]

SIDNEY — A conditional use permit and a variance request were approved by the Sidney Zoning Board of Appeals (ZBA) during its Monday afternoon hybrid-style teleconference meeting.

The board OK’d the request of Ferguson Construction, on behalf of Miami Properties, for a conditional use permit for a skilled gaming arcade at 651 N. Vandemark Road. The property is in the B-2, community business district.

The conditional use permit will include skill-based gaming machines with rewards or merchandise prizes that do not exceed a value of $10. The hours of operation will be from 10 a.m. to 10 p.m., seven days a week.

“The primary concern of city staff with this type of business,” Barbara Dulworth, community development director, said, “is that it does not impede the use and enjoyment of nearby properties and that it does not encourage criminal activity.”

She explained the zoning code allows a conditional use for other service commercial uses that are not otherwise listed, but the ZBA must first determine the requested use is similar in nature to other permitted uses in the district. She reminded board members that during the Jan. 21, 2014, Zoning Board of Appeals meeting, a skilled gaming arcade business was determined to be similar in nature to other permitted uses — namely indoor recreation and commercial recreation facilities.

The Miami Properties business has been located at 1546 Michigan St., in the Sidney Plaza, since 2014. The Sidney Police Department pulled records of calls for service to that location, Dulworth said, and found there has been only one call for a patron at the business who was arrested for disorderly conduct in the past two years.

She noted there is adequate parking at this location on the county parcel and the property outlets directly onto a main thoroughfare on Vandemark Road, so nearby businesses should not be impacted by increased traffic and parking.

The board approved the request with the following stipulations:

• A use compliance certificate must be obtained prior to opening;

• The business must obtain all necessary state and county permits and inspections to comply with all applicable codes;

• The business may only be open between the hours of 10 a.m. to 10 p.m.;

• No alcohol or food service is permitted on the premises without the proper licenses and permits.

Also Monday, the board voted to approve the request of Shane and Sherry Kronengold for a variance to construct an above-ground, permanent pool in the front yard at 851 E. Court St. The property is a through-lot, with frontage on Court Street and Fielding Road, and is located in the R-1, single family residence district.

The zoning code regulates the location of swimming pools. It requires permanent pools be located in side or rear yards with a minimum of 10 feet beyond the required building setback line from any street, and at least 10 feet from a side or rear lot line. It states permanent pools may not be placed in a front yard.

Dulworth said because Kronengolds’ property has frontage on two parallel streets, it does not have a rear yard, as defined by the zoning code; instead, it has two opposite front yards. Although the subject property has enough width to place a pool in the side yard, she noted the pool would then be close enough to the home — approximate five-foot of separation — to be a nuisance and potentially a danger to the structure. A side yard location would put the pool within about 17 feet of the adjacent dwelling. The location the Kronengolds proposed places the pool at least 50 feet from the nearest adjacent dwelling.

Because there is sufficient yard available, Dulworth recommended approving the variance request to allow a pool in the front yard. She said with the size and arrangement of lots, residences, and yards in this area, it is the city staff’s opinion the pool can be located such that it does not impede the peace and enjoyment of other properties in the area.

The board agreed and voted to allow the pool by requiring it to be moved 5 feet towards the dwelling to meet that 25-foot setback.

Board member Richard Sommer was absent Monday. His absence was excused by the board.

By Sheryl Roadcap

[email protected]

Reach the writer at 937-538-4823.

Reach the writer at 937-538-4823.