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Page 8 February 10, 2000 <br /> <br />z.g. <br /> <br /> Perez appealed to the Board of Zoning Appeals. The board refused the <br /> appeal because there were no exceptional local conditions justifying the vari- <br /> ances, the variances .were detrimental to general neighborhood welfare, and <br /> Perez would suffer no unreasonable hardship from denial of the variances. <br /> Perez sued, arguing the board's decision was arbitrary and unreasonable. <br /> She claimed because she sought an area variance (a variance from the side yard <br /> requirement) she did not have to show the variance woul..d cause her unneces- <br /> sary hardship. She contended she only had to show she would encounter "prac- <br /> tical difficulties.". According to Perez, the unusual shape of her lot made com- <br /> pliance with the side yard requirement impossible without moving the building. <br /> The board responded the daycare center was a permitted use, but the use <br /> was contingent upon compliance with the side yard requirements. The board <br /> claimed the buffer zone was necessary for safety and property values. <br /> The court reversed the board's decision, ordering it to apply a "practical <br />difficulties" standard. <br /> The board appealed. .' .. <br /> <br />DECISION: Affirmed. <br />The board was required to use the "practi6al difficulties" standard. <br />Ultimately, only the required distance and landscaping variances were at <br />issue, not the proposed use of the building as a daycare center. The "unreason- <br />able hardship" standard applied by the board should only he used when ruling <br />on use variances, and it should not be used when deciding area variances such <br />as the distance and landscaping variances. <br />Citation: Perez v. City of Cleveland Board of Zoning Appeals, Court of <br />Appeals of Ohio, 8th App. Dist., Cuyahoga County, No. 75166 (2000). <br /> <br />see also: Duncan v. Middlefietd, 491 N.E. 2d 692 (1986). <br /> <br />~' ' -: ' ~ Zoning Biweekly Bulletin' <br />To Order Zoning BiWeekly Bulletin, call (800) 229-2084, or complete and <br />return this form to Quinlan Publishing Group, 23 Drydock Ave., Boston, MA <br />02210-2387, or fax (800) 539-8839. <br /> $99 (plus $8.81 s&h) -- 1 year (24. issues) -. <br /> Q New subscription =. El Payment enclosed <br /> Cl Renewal subscription 'el Bill me ZON0 <br /> <br />Name <br /> <br />Organization <br /> <br />Address <br /> <br />City. State <br />Phone Fax <br />Email <br /> <br />Zip <br /> <br /> <br />