Agenda - Planning Commission - 05/04/2006

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. (": Z.B. April i0, 2006--Page 5 scope of review that the appeals court possessed was limited to whether the trial court had erred as a matter of law. Gonda argued that the trial court bad erred by not allowing him to introduce new evidence, and the appeals court a~eed. The u-/al court's refusal to hem Gonda's evidence -- that the board's deci- sion caused him hardship -- undermined his appeal, which was based on the township code that permitted variance to be ~anted if an ordinance "result[ed] in unnecessary hardship or practical difficulty." The appellate court noted that Gonda's evidence would have had a direct impact on the trial court's review. Generally, when reviewing a decis£on of a zoning board, the trial court was limited to the record of the heating that had produced the disputed verdict. However, there were specific conditions under which the trial court was obli- gated to hear "additional evidence as may be introduced by any party." The trial court's review in this case was not limited to the transcript of the board hearing -- as the board had argued-- because the board bad not fried findings of fact to support its decision along with the transcript. Therefore, Gonda should have been allowed to introduce new evidence. The trial court's judgment to uphold the board's decision was reversed, and the case was sent back for further review with Gonda's new evidence i. ~ allowed. ' see also: Shelly Materials Inc: v. Daniels, Court of Appeals of Ohio, 2nd Dist., No. 2002-CA-13 (2003). see also: Cahill v. Board of Zoning Appeals, 507 N.E. 2d 411 (I986). Conditional Use Permits -- Department adds condition of continuing jurisdiction to approval letter Trucking company seeks relief on new, existing condiffons Citation: Harmony Grove Trucking v. Columbia County Board of Adjustment, Court of Appeals of Wisconsin, District Four, No. 2005AP]137 (2006) WISCONSIN (0~09/06) -- Harmony Grove Tracking (Harmony) was a truck repair and freight transportation business that was located next to two high- ways. In 1986, it submitted two applications for conditional use permits to the county's zoning department. The f~rst application proposed using the property for, among other things, storage of trucks and trailers in the open. The department approved the permit with six conditions, including that Harmony erect fences on specific areas of the property and plant a row of trees to satisfy a screening ordinance. In its approval letter, a department official added a seventh condition that stated that, if needed, it maintained the right to order other conditions in the future. The second request was for a permit to construct cement storage and transfer facilities and freight storage facilities. The dep,'u~tment approved the application © 2006 Quinlan PuOlishing Group. Any reproOuc~ion is prot~ibited. For more information please call (617) 5424048. 57