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Homeowner Seeks Variance for Controversial Backyard Fireplace

July 10, 2024 | Upper Arlington, Franklin County, Ohio


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Homeowner Seeks Variance for Controversial Backyard Fireplace
In a recent government meeting, the zoning board discussed a variance application for a proposed outdoor fireplace at 1942 Collingswood Road. The homeowner is seeking permission to place the fireplace just 5 feet from the side and rear property lines, significantly less than the required 10-foot minimum setback. Additionally, the fireplace would be located 7 feet 3 inches from the nearest building, while the zoning code mandates a 15-foot distance.

The application is part of a broader plan to enhance the backyard, which includes a patio and seat walls. However, the seat walls are situated within a utility easement, necessitating approval from the city engineer. Staff expressed concerns regarding potential noise and smoke issues, as complaints about similar backyard activities have been received in the past. The fire marshal and building official indicated that the fireplace could meet Ohio building code requirements, but the variances are necessary due to the proximity to property lines and the garage.

The applicant, Andrew Hamble, argued that the fireplace's height—12 feet—would mitigate smoke concerns, suggesting that it would disperse smoke more effectively than a traditional fire pit. He also noted that the design would incorporate landscaping to soften the visual impact of the structure. Hamble emphasized that the fireplace would not be a source of significant noise, as it would primarily be used for family gatherings.

The board acknowledged the challenges posed by the new 15-foot setback requirement, which was recently codified by city council after a last-minute change during a reading of zoning updates. The discussion highlighted the complexities of balancing homeowner desires with community standards and safety regulations. The board will continue to evaluate the application, considering both the homeowner's needs and the potential impact on neighboring properties.

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