Barry v. Bay Village Bd. of Zoning Appeals

Citations

• 2017 Ohio 7244

Syllabus

Variance setback board of zoning appeal standard of review findings of fact. - Judgment affirmed. In an administrative appeal, the common pleas court considers the whole record, including any new or additional evidence admitted under R.C. 2506.03, and determines whether the administrative order is unconstitutional, illegal, arbitrary, capricious, unreasonable, or unsupported by the preponderance of substantial, reliable, and probative evidence. The common pleas court must not substitute its judgment for that of an administrative board, such as the board of zoning appeals, unless the court finds that there is not a preponderance of reliable, probative, and substantial evidence to support the board's decision. The trial court properly concluded that the BZA's decision to deny homeowner's variance request was supported by substantial, reliable, and probative evidence.