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t,lay 25, 2011 1 Vo1ume-5 {-No 10 <br />Loning 13u,Jetin <br />purchased the property with knowledge of the zoning re- <br />striction; (6) whether the property owner's predicament <br />feasibly can be obviated through some method other than <br />a variance; (7) whether the spirit and intent behind the <br />zoning requirement would be observed and substantial jus- <br />tice done by granting the variance. <br />Here, the court found that Cimino failed to demonstrate prac- <br />tical difficulty. The court noted that he was aware of the zoning <br />provisions related to the garage before he purchased the property. <br />In addition, he did not demonstrate a special condition or circum- <br />stance that existed on his property. Also, there was no evidence to <br />support his contention that building a garage would not yield a rea- <br />sonable return on his investment in the property. Furthermore, the <br />variance he sought was "substantial" in that it would eliminate the <br />entire garage structure (as opposed to requesting a variance for a <br />single -car garage). Finally, the variance he sought was "inconsistent <br />with the spirit and intent of the zoning code, which is intended to <br />protect property values in residential areas." <br />Considering and weighing the specific factors, the court conclud- <br />ed that Cimino had not encountered a practical difficulty and was <br />not entitled to the grant of a variance. <br />See also: Duncan v. Village of Middlefield, Ohio, 479 U.S. 986, 107 <br />S. Ct. 576, 93 L. Ed. 2d 579 (1986). <br />Case Note: Cimino also made two other arguments related to <br />the court of common plea's review of evidence, which the ap- <br />pellate court rejected. <br />Zoning News from Around the Nation <br />CALIFORNIA <br />The state assembly recently approved a bill that would dissolve <br />the city of Vernon. Reportedly, this is the first known attempt by <br />legislature to disincorporate a charter city. The city of fewer than <br />100 residents is alleged to have had a "pattern of unprecedented <br />corruption." Expected amendments to the bill include those that <br />would "preserve the city's utility rates and zoning." <br />Source: Los Angeles Times; httn://latimesblogs.latimes.com <br />10 © 2011 Thomson Reuters <br />