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In a 6-1 decision Monday night, the Upper Arlington Board of Zoning and Planning voted to dismiss the appeals of 15 residents to overturn a demolition permit for a historic home at 1935 N. Devon Road.

The residents had filed an appeal to stop property owners Christopher and Laura Cooke from demolishing the home, charging that the city's master plan and unified development ordinance contain historic preservation requirements.

In previous hearings, the Board of Building Standards and city council upheld the demolition permit. At those hearings, city attorney Jeanine Amid Hummer successfully argued that the historic preservation language contained in the master plan was intended as a planning guideline rather than a law.

Because BBS and council already issued rulings on the matter, it was not necessary for BZAP to do so, Hummer said upon submitting her dismissal motion at BZAP's hearing. The city of Upper Arlington is unique in that it allowed the residents to appeal the BBS decision to council, she said.

"A lot of cities don't do that. You go from the Board of Building Standards to the Court of Common Pleas," she said. "We give you another opportunity to have another hearing."

Appellant Gene King argued that the BZAP hearing should go forward, since some of the residents who filed with BZAP were not included in the BBS appeal and therefore didn't have an opportunity to be heard.

"It was confusing to us on where to file," King told BZAP members. "Some appellants were told not to bother to appeal to this board, because BBS was the correct board."

BZAP chairman Thomas J. Riley said he agreed that BBS and council had already reviewed the issues raised by the appellants.

"This matter has been thoroughly hashed out. If it's going to go to the courts, it should go on to the courts," Riley said. "We shouldn't hold up that process."

Board member Karla Trott, who cast the sole vote opposing the motion to dismiss the residents' appeals, said she was concerned that the residents should have an opportunity to air their grievances before BZAP.

"We all feel historic preservation is something that we want to see happen," Trott said. "Are we being fair by rejecting this?"

The residents said they were disappointed by BZAP's decision to dismiss their appeals, but had not yet decided if they would take their case to the Court of Common Pleas. The Cookes, who were not present at the BZAP hearing, have already begun preparing the house for demolition -- which may render moot any further appeals.

"It's unfortunate that the house is already being torn down and we didn't even have a hearing" before BZAP, said appellant Donna Toft. "The process is so unclear. The city needs to sort this out so it doesn't happen again."

"It's remarkable to me that the city is so emphatic that we can't enforce the master plan," King said.

He added that the ease of obtaining demolition permits in Upper Arlington means "every house is a building site now."

Appellant Sue Minor said she is hopeful that the Devon Road case will move the city toward addressing the issue of historic preservation.

"The more that this is brought before BZAP, the more that this is brought before council," she said, "the more they will say, 'We agree with you that this is an important issue.'"

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