Agenda - Planning Commission - 10/06/2005

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z.g. September 25, 2005-- Page 3 After the hearing, the board rejected Ludema's request. Ludema sued, and the court ruled in favor of the board. Ludema appealed, arguing the board had no reasonable grounds on which to base its denial. DECISION: Affirmed. There were substantial and reasonable grounds for the board's decision.. Whatever his objections, Ladema failed to present any evidence that the proposed billboard would, not affect substantially the surrounding prop- erty in an adverse manner. Under the code, the burden of proof was on Ludema to show the proposed use complied with this particular zoning requirement. " During the hearing~ Ludema testified about other businesses in the area, including a doctor's office and a gas station. He also noted the presence of a large sign, which he did not contend was of the same type, size, or character as the proposed billboard, located in front of the gas station. While it was true these factors showed the commercial nature of the area, they did not shed any light on the billboard's effect on surrounding properties. Under the zoning ordinance, a billboard was considered a special use of commercial land. Therefore, because it was a special use, the. mere fact that a piece of property was zoned and used for other commercial purposes was not enough to show a billboard would not adversely affect the surrounding areas. Ultimately, Ludema offered nothing, other than his opinion (as opposed to statistics detailing the effect of similar billboards in comparable areas, for ex- ample), to show the proposed billboard would not adversely affect other prop- erty values. see also: Hellings v. City of Lewes Board of Adjustment, 734 A.2d 641 (1999). see also: 1001 Jefferson Plaza Partnership LP v. New Castle County Department of Finance, 695 A.2d 50 (1997)'. Appeal-- Property owner claims hospita} ignored., neighbors' input Demands injunction to stop improvement of easement Citation: Conkle v. Southern Ohio Medical Center, Court of Appeals of Ohio, 4th App. Dist., Scioto County, No. 04CA2973 (2005) OHIO (07/29/05) -- Southern Ohio Medical Center owned 30 acres of property containing a hospital and other facilities. A gravel easement connected the Center toa nearby road. The Center requested the city of Portsmouth extend the road to include its easement. The city refused to do so, but concluded the improvement of the easement was not a zoning issue because the entire area was zoned for both 2005 Quinlan Publishing Group. Any reproduction is prohibited. For more information please call (6'I7) 542-(]048. 213