BZA accepts court order of Flax Street buildings


Staff report



The Delaware Board of Zoning Appeals approved all agenda items at Wednesday’s meeting.

The board acknowledged receipt of a court order from the Delaware County Common Pleas, which appealed an administrative decision to require the condemnation or demolition of three buildings at 15 Flax St. last year.

The buildings sit on 3.61 acres on the north side of Flax northwest of Milo Street and near the river, according to The Gazette archives. Zoned as a light manufacturing district, city staff have said the buildings are old and were once a factory, but had been vacant for years.

Yoav and Schlomo Botach of YB Real Estate Properties III LLC went to the board on June 10, 2015, to submit an improvement plan for the structures, which would make it compliant with maintenance code and zoning requirements.

The board denied Botach’s appeal after staff cited several violations and adjacent property owners gave complaints at a public hearing more than a year ago.

The result of court case was an agreed order. It said the Botachs had “satisfactorily completed the work so as to render the subject property in compliance with the city of Delaware’s property maintenance code … such that violations outlined in the March 11, 2014 notice to appellants and subject to the March 21, 2016, certificate action underlying this Appeal are rendered moot.”

In other business, the board approved the owner of 24 Winbeth Lane for a rear yard building setback variance from 40 feet to about 22 feet to construct a building addition to the east wall. The owner bought the house, built in 1951, last year and plans to make the additions to care for an aging family member.

Staff report