ZBA OKs permit, variance requests

By Sheryl Roadcap - sroadcap@sidneydailynews.com

SIDNEY — A conditional use permit and two variance requests for outdoor storage at 720 Linden Ave. were OK’d during the Monday Sidney Zoning Board of Appeals (ZBA) meeting. These requests were previously denied during a May ZBA meeting.

After taking into consideration the board’s concerns and making a new proposal for actions to be completed, the case of Kevin M. Darnell, on behalf of Scott Dorsey, of Silverado Trucks, for a conditional use permit for outdoor storage and variances to allow the storage in the front and side yards and a gravel surface for the storage area was approved upon various conditions. The property is located in the I-2, general industrial district.

The board denied Dorsey’s request in May for outdoor storage located in the side and front yards because these locations are not compliant with the city’s code requirement for outdoor storage to be located only in a rear yard. Barbara Dulworth, community development director, said in May outdoor storage cannot be in compliance due to the placement of buildings on the property and the requirement of a minimum 20-foot setback from property lines.

Dorsey was notified of the required conditions but did not provide a compliant site plan or any of the required submittals for development for the May meeting. The existing outdoor storage on the property consisted of vehicles, junked/wrecked vehicles, and vehicle parts, among other items.

Linden Avenue neighbors opposed Dorsey’s request at the May meeting, saying his property looked like a junk yard and they did not want a junk yard there. Numerous neighbors reiterated the same concerns about the current condition of the property on Monday.

Andrew Pratt and Kevin Darnell, on behalf of Dorsey, filed with the Shelby County Court of Common Pleas on June 24, appealing the Zoning Board of Appeal’s decision. Darnell sent a letter to the ZBA proposing how conditions could be met for outdoor storage and requested they review and discuss the proposal.

The letter stated Dorsey’s business includes restoring old vehicles, which sometimes produce scrap metal to be recycled. This material is often stored until a sufficient quantity can be taken to the scrap yard for recycling. It also noted Dorsey also sells new vehicle parts, which are stored inside his building, and he fixes and maintains his equipment stored on his property.

The board met again in July to further consider the matter and the letter, which contained numerous specific actions to be taken within a six-month time-period to clean-up and change the property. After going into and emerging from an executive session to discuss the request, Chair Mary Paulus said the board thinks Dorsey’s proposal is headed “in the right direction” and will review more specifics when a formal request is filed.

At Monday’s meeting the permit and variance requests were considered and approved together, under the following conditions:

• Storage of equipment and materials on Dorsey’s property shall be permitted only in the area situated to the east of the yellow-colored line on the picture displayed with the presentation. No storage shall be permitted on the north side of Dorsey’s building. All “storage” items shall be re-located to the storage area within 60 days of the board’s issuance of a conditional use permit.

• The area located to the west of the yellow-colored line (on the picture) shall be used solely for the temporary parking of motor vehicles and shall not be used to store equipment. No motor vehicles of any kind shall be parked thereon on a long-term basis and no junk vehicles, as defined by the Sidney codified ordinances. In order to be compliant with the zoning code, this parking area must be a paved surface, either asphalt or concrete, with parking spaces striped in a manner as approved by the city. A site plan, including parking area and striping plan, shall be submitted to the city within 60 days of the board’s issuance of a conditional use permit.

• An approved surface for the storage area shall be installed within 60 days of Monday’s variance approval. The surface material and the issues related to the drainage of the same will be determined by the city’s engineering contractor in consultation with city staff and Dorsey. In order for drainage and grading to be reviewed by city staff and engineering contractor, Dorsey shall hire a licensed surveyor or professional engineer to provide a current elevation survey and a proposed grading plan.

• A new fence shall be installed by Dorsey in accordance with the requirements for outdoor storage as set forth in the city’s code and as approved with a fence permit, an application for which must be submitted to the city. The location of the fence shall be as indicated by the green-colored line on the attached picture and shall be installed on or before Jan. 1, 2022.

• The clean-up referenced in first paragraph of Darnell’s July 12 letter shall be accomplished by Jan. 1, 2022.

• No more than 20 motor vehicles shall be kept on the subject property, excluding Dorsey’s equipment.

• Dorsey shall timely file and prosecute to conclusion litigation involving CSX in an attempt to acquire property along the eastern boundary of his property, and if successful in this endeavor, shall thereafter cause a survey to be prepared to incorporate the newly-acquired property into a single lot unit.

• All actions referenced are to be accomplished by Dorsey at his sole expense and undertaking.

• City staff is to conduct a regular review and provide a monthly update on the progress on the condition of the property.

By Sheryl Roadcap


Reach the writer at 937-538-4823.

Reach the writer at 937-538-4823.