One would allow them to exceed a 15-foot height limit for a garage to hold their recreational vehicle. The other would permit an in-ground swimming pool with less than the required setback from the property line.
John Thompson and his wife, Nancy, who live just south of the Smiths’ former home, filed written appeals of the BZA decision and spoke against it during Kettering City Council’s Nov. 27 public hearing, along with Overland Trail residents Mary Lou Frick and Steven and Beverly Payton.
Kettering city planner Ron Hundt testified that the zoning board had ruled appropriately.
On Dec. 18, city council voted to uphold the zoning decision.
In January, Thompson filed an appeal of both decisions in the Montgomery County Court of Common Appeals.
With that still pending, the Smiths have sold their home and moved out.
That prompted Kettering City Council to vote on Aug. 27 to dismiss the zoning variances because they are no longer needed.
City manager Mark Schwieterman said the “unique resolution” was prompted by the fact that the new owners, Casey and Sean Parini, “say they have no need for the variances.”
Council’s resolution stated that Thompson had assured city officials he would dismiss his court case if the variances were repealed.
Assigned to Judge Dennis Langer, the case was still listed as “active” on Friday. Thompson did not return phone calls seeking comment.
Their neighbor, Frick, said she did not know if the case would be dropped, but that Thompson had told her he would make no statements while it was active. “He has committed time and court fees on this.”
She said the Smiths sold their house and moved “about four weeks ago. They are building a new house in Greene County.”
The Smiths could not be reached. Their names were not listed in Greene County building permit records, but a staff member said it was possible a permit was filed under a builder’s name.
Neighbors on Overland are relieved by the turn of events.
“Even though it appears things are going to remain the way we wanted in the first place, we still think the city of Kettering let us down on this,” Frick said.
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