Variances

In re Appeal of Towamencin Twp. from the Decision (2012)

Variances for silo, including communication antennas, that exceeded maximum permitted height were not use variances and were justified based on the potential effect on the continued economic viability of the farm if the variances were not granted.

In re Appeal of Towamencin Twp. from the Decision, 42 A.3d 366 (Pa. Commw. Ct. 2012).


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Nowicki v. Zoning Hearing Bd. (2014)

Validity variance was justified where rezoning rendered the only potential use of the private property to be that of a public park, which was a confiscation of private property.

Nowicki v. Zoning Hearing Bd., 91 A.3d 287 (Pa. Commw. Ct. 2014).


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Tidd v. Lower Saucon Twp. Zoning Hearing Bd. (2015)

Where an applicant requests a dimensional variance, financial aspects and the surrounding neighborhood may be considered, and whether the property is rendered valueless without the variance or whether it could be used for a permitted purpose are not dispositive.

Tidd v. Lower Saucon Twp. Zoning Hearing Bd., 118 A.3d 1 (Pa. Commw. Ct. 2015).


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Schadt v. City of Bethlehem Zoning Hearing Bd. (2015)

The standards for a variance do not permit a single-family home to be converted into a professional office in a district in which such offices are not permitted where applicant has lived in the house for 40 years and cannot, therefore, show that the house cannot be used in conformity with the zoning ordinance.

Schadt v. City of Bethlehem Zoning Hearing Bd., 119 A.3d 439 (Pa. Commw. Ct. 2015).


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