City of Delaware Board of Zoning Appeals Meeting - June 10, 2026

The Board of Zoning Appeals (BZA) met on June 10, 2026, at 6:30 PM in City Hall Council Chambers. Five members were present, two absent. The meeting included a training presentation by City Attorney David Moser on executive session procedures, approval of the previous meeting's motion summary, and two variance requests. The board approved both variances unanimously.

Executive Session Training

• City Attorney David Moser presented a training on the proper use of executive sessions under Ohio law. He explained that executive sessions are rare for BZA, requiring a specific statutory reason, a motion, a second, and a roll call vote. He noted that the board's previous executive session (May 13, 2026) was procedurally deficient because it relied on an Attorney General opinion that applies to township BZAs, not municipal BZAs, and because the city charter requires all BZA business to be conducted in public meetings. The training was intended to inform and correct the error, not to scold. The board asked questions and requested the slides be shared.

Approval of Motion Summary

• The board approved the motion summary from the May 13, 2026, meeting as recorded and transcribed. The vote was 4-0-1 (Vice Chair Latta abstained).

Case V26-7: Stephen Herring – Rear Setback Variance at 659 Presidential Way

• Applicant Presentation: Stephen Herring requested a variance to reduce the required 40-foot rear yard setback by 5 feet (to 35 feet) for a rear addition to his home. He previously received a variance for a 2-foot encroachment but now sought a larger encroachment to better accommodate the planned use of the rooms.
• Staff Report: Staff recommended approval, noting the lot is shallow, the encroachment is only 5 feet (one-eighth of the setback), and it would not hinder government services, light, air, or confer special privilege. The original staff report mistakenly referenced a 2-foot reduction; the applicant requested 5 feet.
• Public Testimony: None.
• Board Discussion: The board clarified that the previous variance would remain but be superseded by the new approval. The board voted unanimously (5-0) to approve the variance for a 5-foot reduction in the rear setback.

Case V26-4: Brett Latta – Side Yard Setback Variance at 376 N Sandusky Street

• Applicant Presentation: Brett Latta sought a variance to reduce the required 6-foot side yard setback for an attached garage. He presented three options: Option 1 (two-car garage requiring 2-foot 9-inch encroachment), Option 2 (no variance needed but driveway from rear alley), and Option 3 (one-car attached garage with dogleg, requiring 3-foot 10-inch setback from north property line). He preferred Option 3.
• Staff Report: Staff recommended approval of a variance not to exceed 3 feet 3 inches from the north property line, which would permit either Option 1 or Option 3. Staff preferred Option 3 because the addition would extend away from the neighbor. One condition: all building code requirements, including fire rating, must be met.
• Public Testimony: None.
• Board Discussion: The board clarified that the variance is for the setback reduction, not for a specific option. The applicant may choose which option to build. The board voted unanimously (5-0) to approve the variance.

Key Outcomes

• V26-7 (Herring): Approved unanimously. The rear setback is reduced from 40 feet to 35 feet for the addition.
• V26-4 (Latta): Approved unanimously. The side yard setback is reduced to no less than 3 feet 3 inches from the north property line, subject to building code compliance.
• Next Meeting: July 8, 2026.
• Adjournment: The meeting adjourned at 7:23 PM Eastern.