Yeager v. ZHB of the City of Allentown, Pa. Commw. (June 14, 2001)
Cite: 779 A.2d 595
Cross Reference: MPC 910.2
VARIANCE - HARDSHIP TO PROPERTY NOT PERSON.
Automobile dealership sought variance of setback requirements and clear sight triangle in order to construct a building whose size was specified by the automobile manufacturer. The variance was ultimately denied because a smaller building suitable for a car dealership, although not meeting the manufacturer’s specifications, could be located on the site and still satisfy the dimensional requirements of the zoning ordinance. The economic hardship argued by the automobile dealer was not created by the property but by the owner’s desire to build a larger building which would satisfy the manufacturer whose vehicles the dealership sought to sell. A variance, whether dimensional or use, is appropriate only where the property, not the person, is subject to hardship.
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