Agenda - Planning Commission - 08/05/2004

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136 Page '2 -- July 10, 2004 Z,B. Nuisance -- Racecar on property declared a nuisance Charges based on nothing but inspector's assertions Citation: CiU of Toledo v. O'Leary, Court of Appeals of Ohio, 6th App. Dist., Lucas Co., Nos. L-03-2098 & L-03-2099 (2004) OH[lO (05/14/04) -- O' Leary received a letter from the City of Toledo Depart- ment of Neighborhoods inforrmng Nm of a nuisance' on his property. O'Leary was told to remove alt trailers, parts, and racecars from his property or he · would face criminal charges. ,~ter O'Leary failed to remove the vehicles, he was charged with main- taining a nuisance. The charge was based on an inspector's assertion that a trailer and racecar with tires on it was a nuisance. O'Leary ultimately was found guilty and fined. O'Leary appealed, ar~uino~ = there was not enough evidence to convict him of maintaining a nuisance, x, DECISION: Reversed. There was ins~.ifficient evidence of a nuisance. The .city had a legitimate interest in maintaining the aesthetics of the com- munity and in protecting the value of real estate. But what constituted a nui- sance depended on the unique facts of each case. No definite rule could apply to every one of them. No one testified how a parked vehicle and trailer w/.th a racecar and tires on it caused any hurt, harm, inconvenience, discomfort, damage, or injury, to anyone. ? The city only offered pictures of O'Leary's property along with the city inspector's opir~ion the vehicles created a nuisance. According to the inspec- tor, the vehicles infringed on the residential nm~,hborhood s character, but there was nothing to show that the neighborhood property had decreased in value or had otherwise been harmed. xee also: Stare v. ?7~ompkms, 678 N.£.2d 541 (1997). see also: State v. Jenks, 574 N.E. 2d 492 (1991). Variance -- Property only allowed to sell rugs and other works of art Court orders board to approve variance ~br outdoor displays of other products Citation: R and R Pool a~d Patio h~c. v. Zoning Board of Appeals of the Tow~ of ,r~idgefield, Appetlc'~te Co~trr of Com~ectic~tt, No. AC 24121 (2004) CONNECTICUT (05/18/04) -- In 1990, the Zoning Board of Appeals of the Town of Ridgefield granted a prior tenant on the property a variance permit- ting him ~o sell "oriental rugs, fine furniture, and art." In [99'3. R :_md R Pool and Patio Inc. took over rl'~e property and filed an application ~o sell "fine e, utdeor furniture." The board denied the application ;': ~2E4 2u;nl;~n ;2'~oiis~ln(J ':,rcup. Ziiv :'eproductior~ :s pronibted For more ~nformadoa :)lease ,:all {6i7! 54£-,3048.