Agenda - Planning Commission - 08/05/2004

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Z.B. June 25, 2004 -- Page 5 detonation and loss of investment-backed expectations was merely speculative. see also: Wir~, v. Planning & Zoning Commission, 784 A.2d loll (2001). see also: Alexander v. Retirement Board, 750 A.2d 1139 (2000). Zoning Ordinance -- Material storage must be shielded from public ~ew Salvage yard l~lants evergreens to hide 16-foot storage racks Citation: LaPoint Discount A~tto Parrs Appeal to the Spencer Township Board of Zoning Appeals, Court of Appeals of Ohio, 6th App. Dist., Lucas Count, No. L-03-1186 (2004) OHIO (05/21/04) -- LaPoint Discount Auto Parts was a vehicle salvage yard, The township zoning inspector served it a notice of violation for having' stor- age racks exceeding the height of the fence surrounding the property. The racks were 16 feet high, while the fence was only eight feet high. Under the township zoning resolution, material storage had to be shielded t¥om public view. LaPoint appealed the notice to the township board of zoning appeals. The board upheld the notice. LaPoint sued, and the court ruled in the board's favor. LaPoint appealed, arguing the board's decision was not supported by the evidence because the placement of new ever~een trees meant.the racks were shielded from the public view and thus legal under the ordinance. DECISION: Affirmed. The placement of the trees did not invalidate the board's decision. LaPoint clearly violated the zoning ordinance by installing the 16-foot stor- age racks. The evergreen trees planted in front of the fence were only four feet .tall. Obviously, those trees would not shield the 16-foot racks from public view and probably would not for at least several years, if ever. Regardless of the actual height of the evergreens, the 16-foot racks were visible to the public for eight feet above the top of the fence in clear violation 'of the code. .~ee also: Nichols v. Hinckley Township Board of Zoning Appeals, 145 Ohio App.$d 417 (2001). .~'ee also: Valley Auto LeaXe of Chagrin Falls Inc. v. Auburn Township Board of Zoning Appealx, 38 ©bio St. 3d ] $4 (]988). Variance ~ Billboard company receives faulty permits for new signs Government a',vards pariaizces based on financial cottcerns Cit,.trion.' :¢lc'R~te v. [~m~x Co~m02, Court of Appeals of Tennes,ree, at K~oxviIIe. NO. E2003-01990-COA-Rd-C¢r (2004) TE)rNESSEE 105/0T/04)~ Outdoor Displays Inc. owned two tracts of prope~y 2004 C, umian ;:ublishmg :3~'oup. ~e!/ rer~roduction ~s prohibited. For more information please call (617) 542-0048, 131