ProTerra, Inc. v. Cleveland Bd. of Zoning Appeals

Citations

• 164 N.E.3d 1086
• 2020 Ohio 6739

Syllabus

R.C. 2506.04 administrative appeals C.C.O. 329.03(b) Board of Zoning Appeals' authority to grant variances \practical difficulties\ standard for area variances. The Board of Zoning Appeals applied the \unnecessary hardship\ standard for use variances instead of the \practical difficulties\ standard for area variances and failed to consider the \practical difficulties\ factors articulated in Duncan v. Middlefield, 23 Ohio St.3d 83, 491 N.E.2d 692 (1986). The trial court erred in affirming the Board of Zoning Appeal's decision. With our limited scope of review on administrative appeals, we cannot independently weigh the evidence to determine whether the appellant is entitled to the variances it seeks.