ZBA approves 2 requests

By Sheryl Roadcap - sroadcap@sidneydailynews.com

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 Jacob Cornett for a conditional use permit to allow more than 1,000-cumulative-square-feet of accessory structure at 2515 Millcreek Road in the R-1, single family residence district.

The zoning code limits the square footage of accessory uses, buildings, and structures to no more than 60% of the ground floor area of the principal structure, not to exceed 1,000-square-feet, said Barbara Dulworth, community development director. But with a conditional use permit, the square footage is allowed to be over 1000-square-feet.

She noted the subject property is a single family residence on two parcels with a total of approximately 3.4 acres. Accessory structures located on the property, a storage shed and an above-ground pool and deck, have been, or will be removed. Cornett, Dulworth said, wishes to construct a 30-foot by 50-foot (1,500 square-feet) accessory building.

Dulworth said city staff recommends granting the conditional use permit for a total of 1,500-square-feet of accessory structure subject to the typical conditions found in a section of the zoning code.

Before a vote was taken, during the public comments portion of the meeting, Barbara Cochran, of Loveland, who is an adjacent, property owner asked several questions. Cochran first asked if the building to be on one of the two parcels could be sold off separately. Dulworth said the parcel does not face a street frontage and would not be allowed to sold separately because of that fact. Cochran next asked , because of the size of the property, if normal Sidney parking and outside storage regulations still be in place. Dulworth confirmed all of the city regulations in ordinances must be followed.

Cochran said drainage is a concern and asked about storm drainage plans, due to the size of the property. She asked if drainage would be routed to the front of the property. Dulworth said they do not have that information yet, but city staff will review the information to be provided prior to issuing a building permit.

Cochran said the property to east side of Cornett’s home is fairly narrow, and so she wanted it known she has no plans of granting an easement through the subdivision there.

The board unanimously voted to grant the conditional use permit, with the exception of Board member Jim Fortkamp’s vote, who was absent Monday. His absence was excused by the board.

Also Monday, the board voted to approve a second request of Jacob Cornett for a variance to allow an accessory structure at 2515 Millcreek Road with a height of more than 15 feet in the R-1, single family residence district. Dulworth noted this a second part for the accessory building discussed at the top of the meeting.

The zoning code, she said, establishes the height of accessory buildings in the R-1 district at one story, or 15 feet. It limits the amount of variance the board can grant. For height variances, it is 25% of the maximum allowed. The maximum amount the board can grant for a height variance for an accessory building, she noted, is 18 feet and 9 inches, which is the variance being requested.

The height of a building with a pitched roof is established as the halfway point between the eave and the ridge, Dulworth said. This point measured on the proposed building is 18.75 feet from ground level.

Board member Richard Sommer pointed out an error in the drawing accompanying the presentation for the board. Dulworth agreed with Sommer’s point and said it would be corrected.

Dulworth recommended granting the variance. Board members agreed and passed the variance unanimously.

By Sheryl Roadcap


Reach the writer at 937-538-4823.

Reach the writer at 937-538-4823.