W.J. Menkins Holdings, LLC v. Douglass Twp

A zoning hearing board may impose conditions on the approval of a variance if the conditions bear a reasonable relation to the public interest and are reasonable under the facts of the case. However, the board may not impose conditions that are outside of its authority.

W.J. Menkins Holdings, LLC v. Douglass Twp., 2019 Pa. Commw. LEXIS 407 (May 2, 2019)

Date of Decision: 5/2/19


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Coppola v. Smith Twp. Bd. of Supervisors

If an individual submits a letter of objections regarding a land use application and the letter is not read into the record at the land use hearing, the individual generally cannot appeal the decision unless the individual acted in good faith and complied with the board’s rules. If the individual acted in good faith and complied with the board’s rules, it is proper practice to remand the board’s decision for an additional hearing where all parties can contest or answer the objections.

Coppola v. Smith Twp. Bd. of Supervisors, 2019 Pa. Commw. LEXIS 405 (May 2, 2019)

Date of Decision: 5/2/19


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DeAngelo v. N. Strabane Twp. Zoning Hearing Bd.

A variance constitutes a use variance when it contemplates more than a reasonable adjustment from area and space requirements in order to develop a permitted use. Variance applicants must be given a fair and full opportunity to present their request for a variance to the zoning hearing board

DeAngelo v. N. Strabane Twp. Zoning Hearing Bd., 2019 Pa. Commw. LEXIS 372, (Apr. 26, 2019)

Date of Decision: 4/17/19


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Tower Access Grp., LLC v. S. Union Twp. Zoning Hearing Bd., 192 A.3d 291, (Pa. Commw. Ct. 2018), appeal denied 2019 Pa. LEXIS 1392.

When an applicant for a special exception provides sufficient evidence establishing that the application complies with an ordinance’s general requirements, an objector opposing the application has the burden to establish, to a high degree of probability, that the proposed use would be detrimental to the public health, safety, or welfare

Tower Access Grp., LLC v. S. Union Twp. Zoning Hearing Bd., 192 A.3d 291, (Pa. Commw. Ct. 2018), appeal denied 2019 Pa. LEXIS 1392.

Date of Decision: 7/30/18


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