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

Tag: dimensional variances

Merger of Lots Doctrine Inapplicable Unless Zoning Ordinance Contains a Merger of Lots Provision

This case deals with the question of whether the common law merger of lots doctrine is applicable when a local governing body has not adopted a merger of lots provision in its zoning ordinance. The Commonwealth Court found that this doctrine has no application absent a merger of lots provision in the local zoning ordinance because it is a creature of local ordinance, not common law.

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Commonwealth Court Holds That a Variance May Not Be Granted When Hardship Asserted Relates Solely to Landowner’s Desire for Increased Profitability

The Commonwealth Court was required to determine whether or not a zoning board can grant density and lot-width variances without proof of hardship.  The court ruled that when the asserted hardship amounts to nothing more than the landowners desire to increase the profitability of his or her land, a variance is improper.

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