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Record of Proceedings

Delaware BZA Approves 0.7-Foot Setback Variance at 860 Heritage Boulevard on February 11, 2026

Meeting Portal — Wednesday, February 11, 2026
BodyDelaware, Ohio
SessionMeeting Portal
DateWednesday, February 11, 2026
StatusFILED
Video Record
0:00 / 15:43

Transcript — Verbatim
0:08

Good evening, everyone.

0:10

I would like to call the February 11th, 2016.

0:13

City of Delaware BZA meeting to order.

0:16

Uh staff, could you please call the roll?

0:22

Here.

0:30

Present.

0:34

Here.

0:40

Here.

0:48

Motion to excuse those who aren't present.

0:50

Seconded.

0:52

Call the roll, please.

0:58

I'm sorry.

0:59

Real quick.

0:59

Uh who was the uh who made the motion?

1:02

Haynes, I did.

1:04

Sorry, thank you.

1:04

And seconded.

1:05

Sorry, I'm okay.

1:10

Mr.

1:11

Rosenthal?

1:12

Agreed.

1:13

Mr.

1:14

Bonus.

1:16

Oh, sorry.

1:19

Um Mr.

1:20

Egggerwall?

1:22

Yes.

1:22

Ms.

1:23

Fisher?

1:24

Yes.

1:24

Mr.

1:25

Haynes?

1:26

Yes.

1:27

Uh Mr.

1:28

Darion?

1:30

Yes.

1:31

Okay.

1:36

Five.

1:39

Thank you.

1:40

Uh has everyone read the motion summary of the BZA meeting from January 14th, 2016, as recorded and transcribed.

1:49

Does anyone have any comments, concerns, or modifications to that?

1:55

Do we have a motion?

1:58

I think motion approved.

2:00

Second.

2:03

Who is that second?

2:04

Rosenthal.

2:05

Thank you.

2:06

Sorry.

2:13

And Mr.

2:14

Rosenthal.

2:15

Yes.

2:17

Mr.

2:18

Egrival.

2:19

Yes.

2:20

Ms.

2:20

Fisher?

2:24

Mr.

2:24

Haynes?

2:26

Yes.

2:27

And Mr.

Discussion Breakdown — Share of Meeting
Zoning Regulations█████████████████████████████████████████████60%
Procedural██████████████████████████████40%
Summary of Proceedings

Delaware Board of Zoning Appeals Meeting - February 11, 2026

The Board of Zoning Appeals (BZA) met on February 11, 2026, to consider a single variance request. The meeting began with roll call and unanimous approval of the previous month's minutes. The main agenda item was a request by K. Hovnanian Homes for a 0.7-foot (8.4-inch) variance to the 25-foot front yard setback at 860 Heritage Boulevard, a property already constructed on a corner lot. No members of the public spoke. The board unanimously approved the variance.

Consent Calendar

  • Approval of Motion Summary: The board unanimously approved the motion summary from the January 14, 2026 BZA meeting. (Motion by Haynes, seconded by Rosenthal; vote: 6-0)

Public Comments & Testimony

  • No members of the public provided testimony.

Discussion Items

  • V 26-2 – K. Hovnanian Homes Setback Variance: Applicant Drake Whitaker (K. Hovnanian Homes) requested approval of a 0.7-foot variance to the 25-foot front yard setback at 860 Heritage Boulevard (parcel 519-422-09-003-000, zoned PMU Planned Mixed Use with underlying R-SF). He stated that the single-family home was permitted and constructed in good faith but inadvertently encroached 0.7 feet into the required front yard setback on Beacon Road (a corner lot, which the code treats as having two front yards). No ill will was intended. City staff reported that the home was approved and constructed in 2024-2025 due to a city permitting error. The encroachment was discovered by a prospective buyer's lender during an as-built survey, preventing the sale. Staff noted that the variance is necessary but has no practical impact on adjacent properties—no impairment of light, air, access, drainage, or safety/nuisance concerns. Staff recommended approval. Board members asked about the timing of the permit and construction. No public testimony was offered.

Key Outcomes

  • Motion to Approve Variance: The board voted unanimously (6-0) to approve the 0.7-foot variance, finding beyond a reasonable doubt that the decision factors for a variance under Chapter 1128 of the Planning and Zoning Code were met. (Motion by Rosenthal, seconded by Bonus; vote: Rosenthal yes, Bonus yes, Eggerwall yes, Fisher yes, Haynes yes, Darion yes.)
  • Next Meeting: Staff noted that a meeting is likely in March 2026 for a similar setback issue, though an application had not yet been submitted.
  • Adjournment: The meeting adjourned at approximately 6:45 PM.

Meeting Transcript

Good evening, everyone. I would like to call the February 11th, 2016. City of Delaware BZA meeting to order. Uh staff, could you please call the roll? Here. Present. Here. Here. Motion to excuse those who aren't present. Seconded. Call the roll, please. I'm sorry. Real quick. Uh who was the uh who made the motion? Haynes, I did. Sorry, thank you. And seconded. Sorry, I'm okay. Mr. Rosenthal? Agreed. Mr. Bonus. Oh, sorry. Um Mr. Egggerwall? Yes. Ms. Fisher? Yes. Mr. Haynes? Yes. Uh Mr. Darion? Yes. Okay. Five. Thank you. Uh has everyone read the motion summary of the BZA meeting from January 14th, 2016, as recorded and transcribed. Does anyone have any comments, concerns, or modifications to that? Do we have a motion? I think motion approved. Second. Who is that second? Rosenthal. Thank you. Sorry. And Mr. Rosenthal.

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