Planning commission denies request to vacate 16-foot right-of-way on Maple Avenue
July 10, 2026 | Findlay City, Hancock County , Ohio
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The City of Findlay Planning Commission on July 9 denied an application from resident Nestor Huerta to vacate a 16-foot-by-205-foot strip of right-of-way along Maple Avenue abutting 216 1st Street.
CPC staff had recommended denial, saying the home sits in a residential neighborhood and that approving the permanent vacation could set a precedent for similar side-yard requests in adjacent platted subdivisions. The staff presentation noted the site is not located in the 100-year floodplain but expressed concern the change could prompt repeated petitions to reduce public right-of-way.
The applicant, Nestor Huerta, told the commission he wants more backyard space for his children and to keep his dog from jumping fences. "I just want somewhere where my kids could have room to play, my dog could be out there running around," Huerta said.
City engineer Jeremy said he had no objection to a fence itself but cautioned against permanently losing right-of-way near an intersection. "Once you lose right away, it's tough to get right away back," he told commissioners, and described a revocable-permit alternative that would allow a fence to encroach while the city retained ownership and could require removal if future public work was necessary.
Jeremy said the city could document permitted limits in a letter to be kept in the property's file with specific setback measurements so future owners know the authorized fence line. He recommended a configuration that would maintain roughly seven feet from the curb to preserve space for potential future street or curb work.
After discussing alternatives — including a Board of Zoning Appeals variance for fence height or setback — the chair moved to deny the vacation request and pursue a revocable permit or a variance, a motion the commission approved.
The action leaves open administrative options for the applicant: pursue a revocable permit with documented limits or apply to the Board of Zoning Appeals for a variance to achieve an 8-foot fence.
CPC staff had recommended denial, saying the home sits in a residential neighborhood and that approving the permanent vacation could set a precedent for similar side-yard requests in adjacent platted subdivisions. The staff presentation noted the site is not located in the 100-year floodplain but expressed concern the change could prompt repeated petitions to reduce public right-of-way.
The applicant, Nestor Huerta, told the commission he wants more backyard space for his children and to keep his dog from jumping fences. "I just want somewhere where my kids could have room to play, my dog could be out there running around," Huerta said.
City engineer Jeremy said he had no objection to a fence itself but cautioned against permanently losing right-of-way near an intersection. "Once you lose right away, it's tough to get right away back," he told commissioners, and described a revocable-permit alternative that would allow a fence to encroach while the city retained ownership and could require removal if future public work was necessary.
Jeremy said the city could document permitted limits in a letter to be kept in the property's file with specific setback measurements so future owners know the authorized fence line. He recommended a configuration that would maintain roughly seven feet from the curb to preserve space for potential future street or curb work.
After discussing alternatives — including a Board of Zoning Appeals variance for fence height or setback — the chair moved to deny the vacation request and pursue a revocable permit or a variance, a motion the commission approved.
The action leaves open administrative options for the applicant: pursue a revocable permit with documented limits or apply to the Board of Zoning Appeals for a variance to achieve an 8-foot fence.
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