County council denies special exception for oversized accessory building at Greenfield Drive

Summit County Council denied a special-exception application for a major accessory building at 7914 North Greenfield Drive after concluding the standards for approval were not met.

Planning staff told the council the prefabricated structure, as built, measures about 2.5 feet over the county's 26-foot height limit for accessory buildings. Staff also reported the constructed building pad had shifted about 13 feet from the approved site plan and that a septic leach-field vent discovered near the originally proposed pad complicated excavation.

Owner Cyrus Devere told the council the contractor recommended moving the building to reduce visual impact on neighbors and that he did not realize the height measurement rules or the full implications of changing pad elevation before construction began. Devere acknowledged the construction decision was a mistake and described the situation as "incredibly stressful," saying he had paid to move the building earlier to protect neighbors' views.

Council members noted the code change in 2021 that lowered the accessory-building height limit from 32 to 26 feet and emphasized that the special-exception process is not intended to cure failures to follow code. Roger and other members said they believed the applicant acted in good faith but agreed that precedent and consistency required denying the exception. The council adopted the staff report's findings and conclusions for denial and the motion carried on a voice vote.