ZBA OKs rear yard set back variance


By Sheryl Roadcap - [email protected]



SIDNEY — The Sidney Zoning Board of Appeals approved a variance request for a rear yard set back for a new fabric structure during its Monday meeting.

The board OK’d the request of Marc Kogge, on behalf of American Trim, for a variance to reduce the minimum rear yard setback from 40 feet to 19 feet at 1501 Michigan St. in the IIM, industry/innovation/manufacturing zone. Sidney City Planner Tim Hurysz, who presented the request, told commission members American Trim is proposing a fabric structure to be built south of their principal building on an undeveloped portion of the rear yard, adjacent to an existing fabric structure.

Variances may be granted in circumstances in which a practical difficulty exists in complying with the zoning code requirements for the specific property, building or use. Hurysz said the board must consider the factors listed in Section 1115.06(3) of the code to determine if a variance is appropriate. City staff analyzed the findings, and shared they believe there are special circumstances due to the irregular shape of the rear yard, its relationship to the principal building, and the inability to locate the structure elsewhere in the rear yard due to already existing development and the fire code regulations. It is staff’s opinion the granting of the requested variance would not have a detrimental effect to property in and around the surrounding neighborhood.

The board unanimously voted to approve the request for variance to reduce the minimum setback from 40 feet to 19 feet, with the exception of Board members Tom Ehler and Ken Jensen, who were both absent Monday. Ehler and Jensen’s absence was excused by the board.

By Sheryl Roadcap

[email protected]