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Pennsylvania Land Use Law Library

Key Topic: Variances

Cases are listed below in alphabetical order:
*Click on case name to review case summary.

De minimus variances- the change must be very small

Appletree Land Development v. ZHB of York Twp. (2003)
Where an applicant for a variance grants the ZHB an extension to render its decision, the ZHB's failure to render a written decision by the extended date will result in a deemed approval of the application

Conceptual Development, Inc. v Hampton Twp. Zoning Hearing Board (2005)
There is still a substantial burden to prove unnecessary hardship for a dimensional variance

Great Valley School District v. ZHB of East Whiteland Twp. (2004)
Lesser standard for "unnecessary hardship" for dimensional variance

Hertzberg v. ZHB of Pittsburgh (1998)
A variance must be granted where the zoning ordinance permits only uses for which the land is totally unsuited

Jacquelin v. Horsham Township (1973)
Proving “hardship” for a variance

Laurento v. ZHB of West Chester et al. (1994)
Unnecessary hardship is not established where property is or can be used for a conforming purpose

SCRUB v. ZHB of the City of Philadelphia (Ellsworth Associates and Clear Channel Outdoor, Inc.) (2004)
A loss of rental income resulting from the denial of a variance for outdoor advertising does not create an unnecessary hardship.

Society Created to Reduce Urban Blight v. Zoning Bd. of Adjustment for the City of Philadelphia (Callowhill Center Associates)
Multiple infractions of an ordinance are contrary to public policy

Society Created to Reduce Urban Blight (SCRUB) v. Zoning Hearing Board of Adjustment of the City of Philadelphia (Arsenal) (2004)
Proving “hardship” for a variance

Society Created to Reduce Urban Blight v. ZHB of Adjustment for the City of Philadelphia (Conrail) (2001)
Variance by estoppel requires “unnecessary hardship”

The Borough of Dormont v. ZHB of the Borough of Dormont (2004)
While an "unnecessary hardship" is required when seeking a variance, the property does not need to be "valueless"

Valley View Civic Association v. Zoning Board of Adjustments for Philadelphia (1983)
MPC’s applicability to Pittsburgh

Vitti et al v. ZHB of Adjustment of the City of Pittsburgh and Bethlehem Haven (1998)
Proof of “hardship” for variance

Yeager v. ZHB of the City of Allentown (2001)

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