Board of Zoning Adjustment - 2026-04-28

Application by real estate investments represented by Laura Comack was tabled due to a site planning issue involving Title 34 over Title 33. The applicant may not need the BZA variance at all pending resolution. The area commission had given full support.

Preferred Living received approval for a 108-unit apartment building (reduced from 128 units) on a 1.3-acre site zoned AR3. Variances granted to allow 34 pairs of stacked parking spaces and reduce required parking from 162 to 138 spaces. The project previously received council approval and was reduced by one floor and 20 units. 5th by Northwest Area Commission recommended approval 4-0.

Global Community Church received approval to construct a 6-foot decorative black metal fence around the property with variances to reduce the 10x10 clear vision triangle at East Ave. and Kinnear Alley to 0x0 and the 30x30 clear vision triangle at East Ave. and East Tompkins St. to 0x0. The fence is 70% transparent. Division of Traffic Management supported the variance noting the one-way street configuration. University Area Commission had recommended disapproval 3-7 with 5 abstentions.

Carmelina Batchelder received approval to legitimize an existing privacy fence in the required yard, reducing the setback from 25 feet to 6 feet. The fence existed when she purchased the property in 2008 and was replaced in the same location around 2011-2012. Division of Traffic Management determined the fence does not substantially impact site distance. West Scioto Area Commission recommended approval 4-1.

Evan Little received approval to replace an existing fence and construct a covered patio, paver patio, and wooden stairs at this 0.09-acre German Village property. Variances granted to increase lot coverage from 50% to 51%, reduce total combined side yards from 6 feet to 3.1 feet, reduce eastern side yard setback from 3 feet to 0.1 foot (existing), and reduce required rear yard from 25% to 5.8% (previously approved under V92-183). German Village Commission recommended approval 5-0.

Brandon Ivory received approval to construct an ADU with a variance to reduce required parking spaces from 4 to 2 at this 0.09-acre R2F property developed with a two-unit dwelling. This is a standard ADU plan previously approved by council. Near East Area Commission recommended approval 12-0.

Max Gabby LLC (owners Clairville Brito and Maximo Brito) received approval to extend a chain link fence to the property line at their 5.9-acre automotive repair facility. The variance was needed because a portion of the parcel within city limits is zoned under Title 34 which prohibits chain link fencing. Southwest Area Commission recommended approval 5-0. Staff's condition for full screening along road frontage was not imposed.

David Straub (owner of Volleyball House) received approval for building expansion with 12 variances including: no building entry along abutting streets, no break in street frontage, no sidewalks/crosswalks to public sidewalk, increased building setback from 25 feet to 2 feet 5 inches along Kane Rd. and to 55 feet along Sawmill Rd., reduced facade transparency from 60% to 0%, and increased light fixture height from 28 feet to 44 feet. Far Northwest Coalition recommended approval 4-0.

Heavy highway contractor received approval to expand outdoor storage on a 1.115-acre manufacturing site, reducing storage setback from interior lot line from 20 feet to 10 feet along north and east lot lines, and reducing setback from public right-of-way from 30 feet to 20 feet. The variances were generated by a code citation. Greater Hilltop Area Commission recommended approval. Staff's condition for full screening was not imposed.

Charles Fetch received approval to construct a single-unit dwelling with variance to increase maximum floor area ratio from 0.4 to 0.7. Total square footage including basement is 3,403.79 sq ft. Applicant demonstrated neighboring properties have similar or higher floor area ratios (70% and 54%). University Area Commission recommended approval 7-3 with 1 abstention.