ZBA reviews new proposal for denied permit request

Plan ‘in the right direction’

By Sheryl Roadcap - [email protected]

SIDNEY —The Sidney Zoning Board of Appeals (ZBA), Monday, discussed a request to review a previously denied conditional use permit request.

The case discussed was the request of Kevin M. Darnell, on behalf of Scott Dorsey, of Silverado Trucks, for the potential approval of a conditional use permit and variances for outdoor storage at 720 Linden Ave., in the I-2, general industrial district.

In May, the board denied Dorsey’s request for outdoor storage located in the side and front yards. These locations are not compliant with the requirement for outdoor storage to be located in a rear yard only, Barbara Dulworth, community development director, said at the May ZBA meeting. Due to the placement of buildings on the property and the requirement of a minimum 20-foot setback from property lines, the proposed property cannot have outdoor storage that is in compliance.

Dorsey was notified of the required conditions, Dulworth said in May, but he did not provide a compliant site plan or any of the required submittals for development. Dorsey stated in return correspondence, prior to the May meeting, that he can comply with the setback requirements, but short of demolishing all, or a portion of the larger building, there is no rear yard available in which to have storage and meet the 20-foot setback.

His existing outdoor storage on the property consists of vehicles, junked/wrecked vehicles, and vehicle parts, among other items. In order for those items to be stored outside, the appropriate conditional use would be “motor vehicle wrecking yard,” which is not permitted to be located closed than 900 feet from a residential use or lot, Dulworth said in May. The subject property is directly adjacent to residential uses, so cannot meet the location requirement of a wrecking yard.

Two Linden Avenue residents, spoke up in May opposing Dorsey’s request, saying his property looked like a junk yard and they did not want a junk yard there.

Then on June 24, 2021, Andrew Pratt & Kevin Darnell, on behalf of Dorsey, filed with the Shelby County Court of Common Pleas appealing the Zoning Board of Appeal’s decision, Dulworth told the board Monday. A subsequent meeting with the appellant resulted in a letter proposing how the conditions could be met for the proposed outdoor storage. Darnell requested the board review and discuss the proposal and provide feedback as to whether the request may be favorably viewed.

“Dorsey’s business includes restoring old vehicles. Some of these vehicles produce scrap metal that Mr. Dorsey then recycles. This material is often stored until a sufficient quantity can be taken to the scrap yard for recycling. Mr. Dorsey also sells new vehicle parts, which are stored inside his building. He also fixes and maintains his equipment that he keeps on his property,” Darnell said in the letter.

The letter contained the following proposal:

• Dorsey will clean up the property and remove vegetation. He expects it to take about six months.

• Will file an action against CSX Railroad to acquire the property along the eastern border of Dorsey’s property. It will be filed within 30 days of the board’s approval of this plan.

• Will keep the area in front of the buildings between the building and street clean and not used for storage. It will be cleaned up within six months.

• Will not keep more than 20 vehicles on the property, excluding his equipment.

• A new fence will be built to connect to the current fence on the western boundary facing the city street. It can be put in multiple locations with exact placement to coordinated with the board.

• Responded to parts of the zoning code section regarding outdoor storage:

– The property is within the permitted districts.

– Use is customarily incidental to his principal use of the property.

– Dorsey would like to allow storage up to the front of the back building. In front of the back building would be a parking area and area to use for his equipment.

– A variance is requested to allow a chain-link fence that is in use around the rest of the property. The fence would be covered with black curtains to make it more of a solid barrier. The fence would be built along the north side of the property to separate between the residential neighbors and Dorsey’s property.

– If the land is acquired from the railroad, it will all be resurveyed into one lot.

– A meeting will be required with the city engineer to find the best surfaces or mix of surfaces for this area. A variance for gravel may be requested for some of the area with input and approval from the engineer.

– Areas designated for required off-street loading and parking will not be used for outdoor storage.

– No known laws are currently or will be violated regarding federal, state, or local laws specific to the use of solid, liquid and gaseous chemicals, materials or products.

The board then went into an executive session to discuss the request. After members emerged from the session, Chair Mary Paulus said the board feels Dorsey’s request is headed “in the right direction” and will review more of the specifics and time frame as they receive it.

At some point, Dulworth told the Sidney Daily News, this request will come back before the board as a formal application to the ZBA, and then the board will have the opportunity to take action.

Plan ‘in the right direction’

By Sheryl Roadcap

[email protected]

Reach the writer at 937-538-4823.

Reach the writer at 937-538-4823.