McMillan v. Lakewood

Citations

• 2018 Ohio 94

Syllabus

Administrative appeal variance setback air conditioner moot ordinance amended practical difficulty preponderance. Affirmed trial court's decision finding appellant's administrative appeal moot and, in the alternative, affirming the decision of the Lakewood Board of Zoning Appeals that granted a three-foot variance to an adjoining property owner for the installation of an air conditioner condenser unit. The zoning ordinance had been amended with regard to the setback requirement, and the trial court's decision was supported by the preponderance of substantial, reliable, and probative evidence where upon the evidence presented, the board could have reached a determination of practical difficulty and found in favor of granting the variance.