This blog features case law related to real estate, land use, zoning, and municipal law in Pennsylvania

Tag: dimensional variance

Government Agency’s Preservation Requirement to Redevelop Property It Owned Was Insufficient Hardship for Variance

In this zoning appeal out of Alleghany County, the Commonwealth Court was asked whether preservation requirements imposed by a government agency on property that it owned, may constitute an unnecessary hardship to justify a variance.  In concluding such a hardship is self-imposed and does not warrant a variance, the court focused on the fact that no legal authority required preservation, and that the more appropriate solution was for the City to rezone the site rather than have the applicant seek a variance.

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ZHB May Affirm Denial By Zoning Officer Based On Provision Not Cited In Initial Denial

In this case out of Adams County, the Commonwealth Court was presented with a question regarding whether a zoning hearing board (“ZHB”) can deny an application for zoning relief based on a provision that was not raised, or incorrectly cited, by the zoning officer in his initial denial. In finding that the ZHB could make such a finding, the court supported its determination by citing to the fact that the issue had been raised at the zoning hearing and the applicant had been given an opportunity to address the issue and supplement the record prior to its close.

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