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Zoning Bulletin January 25, 2015 I Volume 9 1 Issue 2 <br />ship caused by a strict application of the provisions of this Zoning Code <br />not generally shared by other land or buildings in the same district). In <br />other words, Faith Walk had to show that the 1 5 -foot setback requirement <br />did not refer to conditions personal to it as the owner of the land but rather <br />referred to the conditions especially affecting its lot. Second, it needed to <br />show that refusal of the variance would deprive it of substantial property <br />rights. Third, it needed to show that the granting of the variance would not <br />be contrary to the purpose and intent of the City's zoning code. <br />The court found that Faith Walk failed to meet the first condition. It <br />found that Faith Walk's difficulties with the 1 5 -foot setback requirement <br />were personal to its preferred way to use the land, not to the property itself. <br />The court found that there was no evidence that Faith Walk could not erect <br />on the property a church that conformed to the setback requirements. That <br />it chose only to use the existing structure but could not use the existing <br />structure on the land for use as a church because of the setback require- <br />ments was a condition personal to Faith Walk, not the property. Moreover, <br />the court found no evidence of any physical or topographical attributes of <br />the property that imposed limitations on conforming uses. <br />See also: Hulligan v. Columbia Tp. Bd. of Zoning Appeals, 59 Ohio <br />App. 2d 105, 13 Ohio Op. 3d 162, 392 N.E.2d 1272 (9th Dist. Lorain <br />County 1978). <br />Case Note: <br />In its decision, the court also had to construe the words of the ordinance that <br />required the 15 foot distance of a church from "adjoining premises." Faith Walk <br />had argued that an "adjoining premises" should be construed as a house on an <br />adjoining lot. However, the court found that "adjoining premises," considering <br />the ordinary meaning of "premises, " meat adjoining land and structures. <br />Case Note: <br />Faith Walk had also requested a variance to have an accessory, off-street parking <br />lot. Given its holding in the case, the court concluded that request was arguably <br />moot. <br />Zoning News from Around the <br />Nation <br />MICHIGAN <br />The state House has approved a bill that would move important notices <br />about government actions out of newspapers and onto government Web <br />2015 Thomson Reuters 11 <br />