Gibraltar Mausoleum Corp. v. City of Cincinnati

Plaintiff-appellant, Gibraltar Mausoleum Corporation, appeals from a judgment of the Court of Common Pleas of Hamilton County affirming the decision of the Cincinnati Fire Prevention Board of Appeals (Board) which had denied appellant’s request for a variance from the provisions of Section CFPC-80-03(B) of the Cincinnati Fire Prevention Code, requiring all buildings and structures to be located not more than 400 feet from a fire hydrant. The factual basis for appellant’s request for a variance is relatively simple. Appellant, generally engaged in the business of building mausoleums,…