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Council denies use variance for 519 South Drexel, finding applicant failed to prove needed criteria
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Summary
Council voted to deny a requested use variance for 519 South Drexel after weighing facts and concluding the applicant did not meet the required findings; staff will provide the applicant with the written decision and appeal information.
The Bexley City Council on Tuesday denied a use-variance request for a property at 519 South Drexel after concluding the applicant had not met the factors required by city code.
Process and rationale: Council reviewed findings and conclusions circulated by outside counsel and deliberated on the evidence presented at prior hearings. After discussion, council members stated on the record that, "the applicant has failed to prove by clear and convincing evidence that a use bearing should be granted," and several members explained that their "no" votes were based on the findings of fact and conclusions of law presented by staff and counsel.
Outcome and procedure: Staff said they will ensure the applicant's attorney is formally served with the decision and advised that the applicant may appeal to the appropriate court. The vote concluded the matter at this meeting.
Quotation: "Upon weighing the facts of evidence before and considering the seven factors set forth in city code, council has found the applicant has failed to prove by clear and convincing evidence," the council president read as part of the recorded motion to deny.
Next steps: Council staff will serve the written decision on the applicant and provide appeal instructions. The denial stands unless overturned through the appeals process.
Ending: The council closed deliberations on the variance request and moved to the next agenda items.
