In Re Appeal of McDonald

Appellant purchased four acres of ground in Chester Township, Geauga County, Ohio, in 1959. Subsequently, appellant applied for an authorization of a variance from the terms of the zoning resolution, which variance was refused by the Board of Zoning Appeals. Upon appeal, the Court of Common Pleas hearing the matter de novo concluded that the action of the Board of Zoning Appeals in refusing the variance was not arbitrary or erroneous, and constituted a reasonable exercise of the board’s discretion.

The subject property lay in a residence zone. The variance sought was for a commercial use. It…