Laserfiche WebLink
Zoning Bulletin November 25, 20101 Volume 41 No. 22 <br />Here, found the court, §§ 1.2.2, 5.1, and 5.2.2 "direct[ed] the Commis- <br />sion to make a factual determination [as to] whether specific conditions <br />exist[ed] that render[ed] property unsuitable for subdivision." In making <br />such a determination, the Commission was limited by the requirement that <br />prohibited development be such as could "reasonably be harmful to the <br />safety, health, and general welfare of the ... inhabitants of the subdivision." <br />In other words, found the court, the regulation linked "considerations of <br />`general welfare' to the more objectively reviewable concepts of safety and <br />health." Thus, the court found it did not vest an arbitrary-and thus un- <br />constitutional— discretion in the Commission. <br />See also: Ex parte City of Orange Beach Bd. of Adjustment, 833 So. 2d <br />51 (Ala. 2001). <br />See also: Walls v. City of Guntersville, 253 Ala. 480, 45 So. 2d 468 (1950). <br />See also: Burrell v. Lake County Plan Com'n, 624 N.E.2d 526 (Ind. Ct. <br />App. 1993). <br />Case Note: The court also found that §§ 1.2.2, 5.1, and 5.2.2 did <br />not deprive Montrose of notice as to "what [was] required in or- <br />der to lawfully subdivide [its] real property. ". The court found that <br />Montrose could reasonably have known that "exceptional and <br />unique conditions of topography" (§ 5.1) would render the bay Tots <br />"unsuitable for subdivision ... due to flooding," absent the formula- <br />tion of "adequate methods ... to solve the problems" (§ 5.2.2.) as- <br />sociated with the proposed construction. <br />Accessory Structures —Town says sheds violate <br />ordinance prohibiting accessory buildings <br />Shed owner says sheds are "personal property" not <br />"structures" <br />Citation: Town of Culver Bd. of Zoning Appeals v. Ratcliff, 934 N.E.2d <br />1257 (Ind. Ct. App. 2010) <br />INDIANA (10 /14/10) —This case addressed whether Landowners' sheds <br />were "accessory buildings" prohibited by the town's zoning ordinance. <br />The Background/Facts: Roderick J. Ratcliff and Pamela A. Ratcliff <br />(the "Ratcliffs ") owned 6.27 acres of real property in the town. At some <br />point prior to August 2008, the Ratcliffs placed five private storage sheds <br />on their land. The sheds were constructed off -site, delivered to the prop - <br />erty, and placed on skids in an otherwise empty lot with a gravel parking <br />area. The Ratcliffs supplied the sheds with electricity and landscaped the <br />© 2010 Thomson Reuters 9 <br />45 <br />