Whitehall Fiduciary, LLC v. Zoning Hearing Bd., 49 A.3d 945 (Pa. Commw. Ct. 2012).
Condition on approval was unreasonable where it required the installation of certain improvements during an earlier phase when normally those improvements would not otherwise be required until a later phase.
Applicant initially received approval on two separate occasions for an adult daycare; however, both approvals expired. Upon Applicant’s third request, the Zoning Hearing Board imposed a condition that a certain number of parking spaces were required before the final phase of the project began even though fewer spaces were required until that final phase. Applicant appealed the condition. The Commonwealth Court held the condition was valid with respect to the number of parking spaces because it was a condition taken from objective requirements of the Zoning Ordinance (i.e., the calculation of required parking spaces). The part of the condition, though, that all of the spaces be completed prior to construction on the final phase was to begin was unreasonable. It was unreasonable because the condition would require Applicant to tear up parking spaces temporarily installed, many of which might not be necessary without the final phase. Thus, it was unreasonable to require Applicant to comply with parking requirements on property not yet developed.
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