Bexley City Attorney Lou Chodosh says a controversial city council decision that ended up in the courts has been resolved.

A group of Bexley residents who succeeded in temporarily halting the demolition of a Bryden Road home took their case to Franklin County Municipal Court after Bexley City Council reversed a Board of Zoning Appeals/Architectural Review Board (BZA/ARB) denial of a request to demolish the home and build a new one on the site. Bexley City Attorney Lou Chodosh says a controversial city council decision that ended up in the courts has been resolved.

A group of Bexley residents who succeeded in temporarily halting the demolition of a Bryden Road home took their case to Franklin County Municipal Court after Bexley City Council reversed a Board of Zoning Appeals/Architectural Review Board (BZA/ARB) denial of a request to demolish the home and build a new one on the site.

Chodosh said the residents and the owners of the home have reached an agreement and the case has been dismissed.

“I am quite pleased to announce that the demolition appeal has been dismissed,” Chodosh said. “The applicants for the demolition and the neighbors who were opposed to the demolition have now worked out their differences. There will be small adjustments to the original proposal for the new home. The BZA will look at the final specifications, and if approved, the demolition will go forward. The city will monitor the construction of the new building to ensure full compliance with all plans. City officials are pleased that this matter has been resolved.”

Moshe and Sarah Frank are attempting to demolish a home they bought at 2325 Bryden Road and build a new home on the site. The Franks contend that renovating the home would create a substantial financial hardship because the cost of renovating the structure would be much higher than building a new home.

After hearing testimony over a three-month period, the BZA/ARB denied the Franks' request by a 5-2 vote. The Franks then appealed their case to Bexley City Council. After three hours of testimony in a "de novo" proceeding, where previous testimony from the BZA/ARB sessions were not included, council members voted 6-0 to overturn the decision.

City council's vote led to the resignation of two BZA/ARB members and a member of the Bexley Planning Commission.

Bexley attorney David Pryor filed the appeal on behalf of a group of residents that included: his wife, Diana Pryor; Fred Reister; Linda Reister; Michael L. Russo; Kathleen Russo; Eric Burkland; Christy Burkland; Bill Benedict; and Cynthia Benedict.

A notice of voluntary dismissal was issued in the Franklin County Municipal Court's Environmental Division on Feb. 6.

Chodosh said the residents and the owners of the home have reached an agreement and the case has been dismissed.
“I am quite pleased to announce that the demolition appeal has been dismissed,” Chodosh said. “The applicants for the demolition and the neighbors who were opposed to the demolition have now worked out their differences. There will be small adjustments to the original proposal for the new home. The BZA will look at the final specifications, and if approved, the demolition will go forward. The city will monitor the construction of the new building to ensure full compliance with all plans. City officials are pleased that this matter has been resolved.”

Moshe and Sarah Frank are attempting to demolish a home they bought at 2325 Bryden Road and build a new home on the site. The Franks contend that renovating the home would create a substantial financial hardship because the cost of renovating the structure would be much higher than building a new home.

After hearing testimony over a three-month period, the BZA/ARB denied the Franks' request by a 5-2 vote. The Franks then appealed their case to Bexley City Council. After three hours of testimony in a "de novo" proceeding, where previous testimony from the BZA/ARB sessions were not included, council members voted 6-0 to overturn the decision.

City council's vote led to the resignation of two BZA/ARB members and a member of the Bexley Planning Commission.

Bexley attorney David Pryor filed the appeal on behalf of a group of residents that included: his wife, Diana Pryor; Fred Reister; Linda Reister; Michael L. Russo; Kathleen Russo; Eric Burkland; Christy Burkland; Bill Benedict; and Cynthia Benedict.

A notice of voluntary dismissal was issued in the Franklin County Municipal Court's Environmental Division on Feb. 6.