ZBA OKs side yard set back variance


By Sheryl Roadcap - [email protected]



SIDNEY — The Sidney Zoning Board of Appeals approved a variance request for a side yard set back for a proposed garage and office building during its Monday meeting.

The board OK’d the request of Isaiah Beaver, on behalf of the Shelby County Commissioners, for a variance to reduce the minimum aggregate side yard setback from 20 feet to 11.34 feet for a county garage and office building proposed on the property at 305 S. Ohio Ave.

The subject property is located in the NC, neighborhood commerce, zone in which a community facility for government administration is a principally permitted use, said Community Development Director Barbara Dulworth. The property is currently undeveloped; it was previously the site of a residential structure which was demolished in 2019. The property is currently owned by the Shelby County Land Reutilization Corporation (know as the Land Bank), and the intent is for the ownership to be transferred to Shelby County.

The side yard setback for the NC zone is 5 feet minimum per side with a minimum aggregate of 20 feet. Dulworth explained it means that if one side yard is set at the minimum 5 feet, the other side yard must be a minimum of 15 feet to achieve the minimum aggregate. The purpose of having the aggregated minimum four times the minimum for a single side yard is to ensure that parking requirements are accommodated.

Per the Building Form & Components table in Section 1103.11 of the zoning code, Dulworth pointed out, parking is permitted in the rear or side yard only in the NC zone. The wider second side yard is intended to accommodate, at the least, a 15-foot-drive aisle if parking is provided in the rear. In this instance, she said, no parking will be provided except within the structure, so a drive aisle, and the required side yard width is unnecessary.

In analyzing the findings, Dulworth said city staff believes there are special circumstances due to the width of the property, the intended use, the lack of need for off-street parking that apply to this property, and the proposed use that cause a practical difficulty. She noted it is also staff’s opinion the granting of the requested variance would not have a detrimental effect to property in the neighborhood. The board agreed and voted to OK the variance request to allow an aggregated side yard setback of 11.34 feet.

In other business, Board members Tom Ehler and Ken Jensen were both absent Monday; they were was excused by the board.

By Sheryl Roadcap

[email protected]