Agenda - Planning Commission - 08/04/1998

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Page 4 July 25, 1998 Z.B. couldn't balance the public safety with Open Door's religious practice if Open Door could simply ignore the zoning requirements altogether by failing to apply for a permit. The court didn't order the county to waive the fee, as the county believed; it ordered the county to assess whether it had a compelling reason for charging the ordinary permit fee. If Open Door couldn't afford to apply for a permit and therefore couldn't worship on the property, then its freedom of exercise would be burdened - but Open Door would first have to prove it couldn't pay the fee. see also: Munns v. Martin, 930 P. 2d 318 (1997). Commercial Use B Residential condo owner seeks variance for insurance business Citation: Klein v. Hamilton County Board of Zoning Appeals, Court of .Appeals of Ohio, lst Appellate Dist., Hamilton County, No. C-970484 (]998) Klein bought a condo in Sycamore Township, Ohio, seeking an office for his insurance business. He knew the condo's regulations restricted business uses, but was unaware the area was zoned residential. The other owners in Klein's building consented to his running an insurance office out of his condo, and Klein began to do so. Klein employed one secretary, who worked from 9 a.m. to 5 p.m. Klein's office was on the first floor, his secretary's office and a living room were on the second, and the third floor had three bedrooms. Klein and his secretary used two of the unit's three parking spaces; the third was reserved for "occasional" visitors. Klein said he had no more than two or three visitors per week because most of his business was done by phone. Klein used the condo as an office for about two years, until he was cited by the county zoning inspector. Klein applied to the township for a variance, claiming enforcement of the zoning law would cause him unnecessary hardship because he couldn't recoup his investment in the property. The township director said the township had vigorously defended against "creeping" commercialism in the area and was determined to keep residential areas free from commercial intrusion. According to a township trustee, the township had allowed no variances to the residential character of the area since it had updated its land use plan five years earlier. The board denied Klein a variance to use his condo as an office, and Klein appealed to court. He claimed his office was much less intrusive than other permitted uses, such as home occupations, boarding houses, schools, hospitals, and rest homes. According to Klein, it was senseless to deny him permission to run his business in the condo when he could run the same business as a home occupation if he simply moved into the condo and hired a family member as a secretary. I I I I I I I I I I I I I I I