Board of Zoning Appeals Meeting – May 13, 2026

The City of Delaware Board of Zoning Appeals met on Wednesday, May 13, 2026, at 6:30 PM in City Hall Council Chambers. The meeting covered two variance requests: a front setback variance for a porch at 247 Lone Pine Road (V26-5) and a side yard setback variance for an attached garage at 376 N Sandusky Street (V26-4). The board voted to flip the agenda, hearing V26-5 first. After discussion, the board denied V26-5 (2-4) and approved V26-4 (6-0). The meeting adjourned at 7:59 PM.

Consent Calendar

• Approval of the Motion Summary of the Board of Zoning Appeals meeting held on March 11, 2026, was moved and seconded, then passed unanimously (6-0).

Public Comments & Testimony

• None were offered for either case; no written comments were submitted.

Discussion Items

Case V26-5: Shine Property Solutions LLC – 247 Lone Pine Road (Front Setback Variance)

• Applicant (Stephanie McDonough): Explained that the existing concrete stoop was deteriorating. Her contractor built a new wooden porch that unintentionally expanded the footprint beyond the original, resulting in an eight-foot encroachment into the front setback (allowed encroachment is six feet). She stated it was never her intent to bypass the permit process. She requested the variance to maintain a safe, code-compliant entrance.
• Staff Presentation: The porch was built without a permit. The encroachment is two feet beyond the allowed six-foot encroachment. Staff recommended denial, citing that the applicant’s own actions created the condition and that granting the variance would impart a special privilege not available to other properties. Staff noted that if the project had gone through building review, the setback and railing issues would have been caught early.
• Board Discussion: Members questioned the applicant about the previous stoop dimensions, the increase in square footage, and the possibility of removing the front steps to eliminate the encroachment. The applicant stated that the side steps are non-compliant (7.5-inch treads) and the front steps were added to have all steps compliant (10-inch treads). A motion was made to grant the variance with a condition that all building code safety requirements (railings, step dimensions) be satisfied. The motion failed 2-4 (Mr. Bonus and Ms. Fisher voted yes; Mr. Egerwall, Mr. Haynes, Vice Chair Latta, Chair Dariano voted no). The variance was denied.

Case V26-4: Brett Latta – 376 N Sandusky Street (Side Yard Setback Variance for Attached Garage)

• Recusal: Vice Chair Latta, who is the applicant, recused himself from this case. The board voted to recuse him (6-0).
• Applicant (Brett and Sarah Latta): Requested a variance to reduce the required six-foot side yard setback to allow construction of an attached garage. The applicant presented three options: Option 1 (front/back two-car garage, requiring 3-foot-3-inch setback), Option 2 (rear-load two-car garage accessed from alley, no variance needed but would require a paved driveway through the backyard), and Option 3 (one-car attached garage toward the rear, requiring 3-foot-10-inch setback). The applicant preferred Option 3 to avoid a lane through the backyard and to provide direct access from the garage to the kitchen. The applicant noted he had not yet obtained bids and wanted flexibility.
• Staff Presentation: Staff recommended approval of the variance for a setback not to exceed 3 feet 3 inches (i.e., a variance of 2 feet 9 inches), with a preference for Option 3 (setback of 3 feet 10 inches) because it would be less imposing on the neighbor to the north. Staff noted that the variance would permit either Option 1 or Option 3. Staff also recommended a condition that all building code requirements, including any fire rating, be met.
• Board Discussion: Members discussed the options and clarified that the variance is for the setback alone, not the choice of option. The applicant confirmed his preference for Option 3 due to cost and sewer line concerns. A motion was made to grant a variance permitting a 3-foot-3-inch setback (i.e., 2-foot-9-inch variance). The motion was seconded and passed unanimously (6-0).

Key Outcomes

• V26-5 (247 Lone Pine Road): Motion to grant variance with conditions failed 2-4. Variance denied.
• V26-4 (376 N Sandusky Street): Motion to grant variance for a 3-foot-3-inch side yard setback (2-foot-9-inch variance) passed 6-0. Variance approved with the condition that all building code requirements (including fire rating) are met.
• Next Meeting: The board noted a June 10, 2026 meeting date (one variance case already submitted).
• Adjournment: The meeting was adjourned at 7:59 PM.