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Date: 09-11-2024
Case Style:
Michael R. Vorhees v. Anderson Township Board of Zoning Appeals, et al.
Case Number: A2300758
Judge: Not Available
Court:
Plaintiff's Attorney: Gary E. Powell
Defendant's Attorney:
Description:
Cincinnati, Ohio planning and zoning lawyer represented the Plaintiff.
Vorhees owns real property on the corner of two intersecting streets ("Street A" and "Street B") in Anderson Township's "B" Residential District. To alleviate ongoing tensions with neighbors, Vorhees hired a local fence company to build a privacy fence between his property and his neighbors' property. Relying on assurances from the fence company, Vorhees believed that a zoning certificate was unnecessary and erected this fence in November 2022:
{¶4} Weeks later, Vorhees received a letter from an Anderson Township planner notifying him that his "newly constructed 6ft tall privacy fence" was "located in the side yard of the property" and therefore his "property is in violation of Article 2.1 and Article 5.2.A.9 of the [ATZR]." In Anderson Township's "B" Residential District, a six-foot fence can be built in the "rear yard," while front and side-yard fences must be "more than seventy-five (75) percent open and not exceeding four (4) feet in height . . . provided they are not in the public right of way." ATZR Article 5.2.A.9.
{¶5} In response, Vorhees emailed the planner and asked him to rescind the noncompliance letter. The planner replied and explained that because Vorhees's "lot is a corner lot, both street frontages are considered a front yard area and a solid fence is not permitted in this area." The planner told Vorhees how to apply for a zoning certificate or, alternatively, a zoning variance.
* * *
Outcome: {¶55} We overrule Vorhees's two assignments of error and affirm the common pleas court's judgment.
Judgment affirmed.
Vorhees v. Anderson Twp. of Zoning Appeals, 2024 Ohio 4459, C-240095 (Ohio App. Sep 11, 2024)
Plaintiff's Experts:
Defendant's Experts:
Comments: