In this land use appeal from Montgomery County, the Commonwealth Court re-affirmed the requirement that an applicant seeking a dimensional variance from a provision of a local zoning ordinance prove that the subject property is burdened by an unnecessary hardship to justify the requested relief.
Continue readingTag: lot width
In this appeal from a preliminary opinion of Lower Merion Township, the Commonwealth Court was asked to determine what constituted a “street” when a zoning ordinance requires a specific “lot width at street line.” In finding that a right-of-way allowing access to a land-locked property constituted a “street” for purposes of determining lot width at street line, the court held that the two requirements for a “street” were that the right-of-way provide: (1) a means for vehicular travel, and (2) space for sewers and public utilities.
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