ZBA reviews granted permit, variance requests

By Sheryl Roadcap - sroadcap@sidneydailynews.com

SIDNEY — The Sidney Zoning Board of Appeals (ZBA) heard a 60-day-review of a conditional use permit and two variance requests for outdoor storage at 720 Linden Ave. during its Monday meeting.

In August, the requests were approved with various conditions, including a 60 day review of the case, after previously being denied at its May meeting.

Monday, Barbara Dulworth, community development director, informed the board the 60-day-deadline of the regulations to be accomplished had passed without coming into compliance.

At the August meeting, a new proposal for actions to be completed was presented to and OK’d by the board on 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. The property is located 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 because these locations are not compliant with the city’s code requirement for outdoor storage to be located only in a rear yard. Dulworth had pointed out the 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.

Then in June, Andrew Pratt and Kevin Darnell, on behalf of Dorsey, filed with the Shelby County Court of Common Pleas appealing the ZBA 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.

Several Linden Avenue neighbors opposed Dorsey’s request at the May and August meeting, saying his property looked like a junk yard and they did not want a junk yard there.

At the August 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 the 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.

Since the 60-day-deadline was not met, the case will be considered once again at the ZBA Nov. 11 meeting. City staff is expected to recommend revoking the conditional use permit and variance requests.

By Sheryl Roadcap


Reach the writer at 937-538-4823.

Reach the writer at 937-538-4823.