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KEY TOPIC: VARIANCE
Jacquelin v. Horsham Township
312 A.2d 124 (Pa. Cmwlth. 1973)
The landowner wanted to build a small house on a 6,250 square foot property located in a residential district. The landowner held the property in the present condition before there was a zoning ordinance in the township. The zoning ordinance required a lot size of 12,000 square feet and other dimensional requirements. The landowner requested four variances.
The ZHB denied the landowner's request because the landowner had requested too many variances and the project might pose a traffic hazard. The landowner appealed. The Court reversed the ZHB's decision because it held that, due to the property's pre-existing unique features, there was no other possible use permitted under the zoning ordinance. The township's denial of the variance would have had the effect of taking the property from the landowner without just compensation; therefore, a denial would have been an unlawful employment of the police power.
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