Board of Zoning Appeals

The Board of Zoning Appeals (“Board”) met on Monday, March 11, 2024, at 2:00 pm in the 1897 Room, 104 E. Main St, Lancaster, Ohio. Members present were Rebecca Anderson, Jim Bahnsen, Jim Edwards, and Tim Oatney. Staff present were Mitch Harden, Assistant Law Director, Pete Vail, Zoning Official, Don McDaniels, Mayor, Carrie Woody Service Safety Director, and Kendra Brown, Administrative Assistant. Chairman Tim Oatney called the meeting to order and explained the procedures of the meeting. Mr. Oatney also advised that anyone addressing the Board would be sworn in before speaking. All those wishing to speak were sworn in. Mr. Oatney read the Notice of Appellate Rights to all attendees. There were no minutes to approve from the February, 2024, no meeting BZA Case No. 693 Mr. Rodney Harden, representing Fairfield Medical Center (FMC) 401 N. Ewing St., Lancaster, Ohio, has applied (BZ‐00693) for three area variances for an accessory PET scanner which will be located at 401 North Ewing Street, also known as parcel number 0535802500. The property is zoned CG: Commercial General. FMC wishes to install a 53' x 9' container, which will house a PET scanner, on the eastern side of the main hospital building. The measured setback from the property line is approximately 35'. Planning and Zoning Code Section 1133.03 (d) requires that the minimum front setback in CG districts be 50' from collector roadways, which Ewing Street qualifies as. Planning and Zoning Code Section 1147.02 (b) also requires that all accessory structures be located to the side or to the rear of the principal structure, and in no case shall be located nearer to the front lot line than the principal structure. The container is expected to be covered with a vinyl wrap. Mr. Harden is requesting the board to grant an area variance to allow for smaller front setback, an area variance for the placement of an accessory structure in front of the principal structure. After a brief description from Mr. Trent DeBruin detailing the use of the PET scan to be placed outside behind the garden wall alongside of the building. They are no longer going to place any signage on it and will not need the variance for the sign. There were no communications nor objections from the City. There was no one in the audience for or against granting the requested action. Ms. Anderson made a motion to approve the area variances as proposed; Mr. Edwards seconded the motion. The members voted unanimously by roll call to grant the special exception and the use variance and signed an entry stating the same. BZA Case No. 694 Mr. Christopher Williams of 1681 Bellmeadow Dr. Apt. 103, Lancaster, Ohio, has applied (BZ‐ 00694) for an area variance for his property located at 1651 Baltimore Rd., also known as parcel number 0532012700. The property is zoned R‐MD: Residential Medium Density District. The owners have started construction for a new single‐family home on this parcel. The 2023 Planning & Zoning Code Section 1143.15 c) 1) requires all new sites in all districts shall provide a five‐foot public sidewalk adjacent to the public street when such sidewalk does not exist. This section did not exist in the previous zoning code when the Williams purchased this property in 2021. The Williams property is bordered by two public streets. Marrose Dr. to the west and Baltimore Rd, state route 158, to the east. The property line along Marrose Dr. is approximately 763 feet in length and the property line along Baltimore Rd. is approximately 672 feet in length. The terrain and variable changes in elevations along both property lines will make it exceptionally challenging and costly to install 1,435 feet of public sidewalk along two public right‐of‐ways that will not ever have public sidewalk installed. Mr. Williams is requesting the Board to grant an area variance to the public sidewalk requirement. After a brief description from Mr Williams detailing the cost of over $100,000.00 to install the sidewalk. There are no other homes in that area that have sidewalks. There were no communications nor objections from the City. There was no one in the audience for or against granting the requested action. Mr. Edwards made a motion to approve the area variance as proposed; Ms. Anderson seconded the motion. The members voted unanimously by roll call to grant the special exception and the use variance and signed an entry stating the same. Mr. Bahnsen made a motion to adjourn; Ms. Anderson seconded. The members voted unanimously to adjourn by voice vote.