Cleveland Hall: Why The Court Ruled The Way It Did

The Court decision overturning approval of the Cleveland Hall addition focused on one key sentence in the Village zoning code.

That sentence – contained in zoning code section 1161.02(a) – requires the Planning Commission to ensure that new construction is "stylistically compatible with other new, renovated and old structures in the Village District." The code lists 18 examples of architectural styles that are consistent with existing architecture in the Village.

In reading these portions of the Village code, the Court was troubled with a finding by the Planning Commission that the Cleveland Hall addition "is not similar to other structures to the Village District but protects their historic design by not matching other structures."

Although Village Council affirmed the Planning Commission’s decision, it found the Cleveland Hall addition is "stylistically compatible" with other buildings in the Village Institutional District." The Court summarized its consternation over this conflict:

The Commission’s finding that "[t]he addition is not similar to other structures to the Village District but protects their historic design by not matching other structures," is remarkably candid. This Court finds it difficult to construe this statement as a finding that the proposed design is stylistically compatible with the Village District. . . . The [Village] Council added the conclusory statement that the design "is stylistically compatible with some other institutional buildings in the Village Institutional District." This statement seems to contradict the finding of the Commission that the design was not similar to other structures.

In the end, the Court found that the Planning Commission and the Village Council failed to follow the code. The Court found that the Village Council’s conclusory statement that the addition was "stylistically compatible" with other nearby buildings was both arbitrary and unsupported by the facts.

During the hearing held on June 6, 2007 by the Granville Village Council, Councilman Lon Herman made essentially the same argument.

Click here to view a video of Councilman Herman during the hearing.