SIDNEY — At a special meeting Monday afternoon, the Sidney Zoning Board of Appeals approved building requests in two cases it had tabled at its regular meeting in September.
The board approved a variance sought by Brian and Nikki Jutte for a reduced rear-yard setback at 292 W. Pinehurst St. The Juttes wanted to build a 1,222-square-foot garage.
Community Services Director Barbara Dulworth said the city staff had recommended denial of the variance. “Since the property does not demonstrate an extraordinary circumstance and there are no other properties in the vicinity and district enjoying a reduced rear-yard setback, staff’s recommendation is to deny the request,” she said in her report to the board.
Dave Fleming, board chairman, said the staff does a good job, but in this instance he disagreed. He said the irregular shape of the lot makes this “an extraordinary circumstance.”
Fleming voted to grant the variance, along with board members Richard Sommer and Jim Weaver. Tom Ehler voted no. The other board member, Carrie Riedel, was absent.
Prior to the vote, Brian Jutte told the board that his lot is of an irregular shape on a cul-de-sac and is adjacent to a business. He said the garage would provide a buffer zone for noise from the business. He also said neighbors had given written approval of his plans.
The board originally denied the variance at its Sept. 21 meeting when only three members were present; an affirmative vote of the three remaining members would have been needed to approve the variance. Later at the meeting, the board tabled the case to allow Jutte to return at the next meeting to resubmit the request.
In the second case, the board approved a conditional-use permit requested by Ratermann Custom Home Builders, on behalf of Darren and Deborah Wildermuth, to build accessory structure with square footage over 1,000 square feet at 2440 Wells Drive. The Wildermuths want to erect a 660-square-foot building near their swimming pool. The in-ground pool is 512 square feet. With the addition of 660 square feet of accessory building, the total would be 1,172 square feet of accessory structure.
The request had been submitted previously as a variance. The city staff found no exceptional circumstances to justify granting the variance, but Dulworth said at the Sept. 21 meeting it had been determined that this request would be eligible for consideration as a conditional-use permit.
In her report to the board Monday, Dulworth said the staff recommended in favor of the conditional-use permit. The board voted unanimously to approve it.
The writer may be contacted at 937-538-4823 and on Twitter @MikeSeffrinSDN.