A Kettering resident has filed suit in Montgomery County Common Pleas Court in hopes of blocking a neighbor’s plans to build a detached garage and swimming pool on Overland Trail.

The Kettering Board of Zoning Appeals approved height and setback variances for the additions Oct. 22, 2012, and Kettering City Council upheld that decision on Dec. 18.

John Thompson of 4410 Overland Trail filed an appeal to overturn those the rulings Jan. 16. The case has been assigned to Judge Dennis J. Langer.

Tim and Janice Smith, 4401 Overland, were granted a two-foot, two-inch variance from the 15-foot height limitation on accessory structures for a detached garage and a two-foot, six-inch variance from the 10-foot setback requirement for an in-ground pool.

Thompson and his wife, Nancy, filed written appeals of the BZA decision and spoke against it during council’s Nov. 27 public hearing, along with Steven C. and Beverly K. Payton of 4370 Overland and Mary Lou Frick, 4390 Overland

Tim Smith, who said he wanted to build the garage to house a recreational vehicle, also testified. Kettering city planner Ron Hundt said the BZA had ruled appropriately.