Appletree Land Development v. ZHB of York Township, (Pa. Cmwlth. 2003), 834 A.2d 1214
Court considered potential loss of value and development potential to neighboring properties in evaluating the potential adverse effects on the neighborhood or potential detriment to the public.
Northeast Pa. SMSA Ltd. P’ship v. Scott Twp. Zoning Hearing Bd., 18 A.3d 1272 (Pa. Commw. Ct. 2011).
Variances will not be granted solely to maximize economic value nor when there is self-inflicted hardship.
Ken-Med Associates v. Bd. of Township Supervisors of Kennedy Township, 900 A.2d 460 (Pa. Cmwlth. 2006).
With respect to variances, a hardship existing on one lot may not be considered a hardship on an abutting lot.
McCarry v. Haverford Twp. Zoning Hearing Bd., 113 A.3d 381 (Pa. Commw. Ct. 2015).
Society Created to Reduce Urban Blight v. Zoning Bd. of Adjustment for the City of Philadelphia (Callowhill Center Associates)
804 A.2d 116 (Pa. Cmwlth. 2002)
Variance from steep slope provisions is a hybrid variance (i.e., neither a use nor dimensional variance). Additionally, landowner's pre-purchase knowledge of the steep slope provisions in the ordinance did not make the hardship self-created.
Pohlig Builders, LLC v. Zoning Hearing Bd., 25 A.3d 1260 (Pa. Commw. Ct. 2011).
Landowner failed to satisfy any of the evidentiary approaches used to establish the confiscation element of a “validity variance.”
Laurel Point Associates v. Susquehanna Twp. Zoning Hearing Board,
887 A.2d 796 (Pa. Cmwlth. 2005), app. denied, 903 A.2d 1235 (Pa. 2006).
Creating a situation in which a property is difficult to sell due to substantial improvements does not create a hardship.
Pham v. Upper Merion Twp. Zoning Hearing Bd., 113 A.3d 879 (Pa. Commw. Ct. 2015).
Applicability of the MPC to City of Philadelphia and question of whether "improper" zoning constitutes a "hardship" sufficient to permit a variance under the MPC.
Society Created to Reduce Urban Blight et. al. V. Zoning Board of Adjustment for the City of Philadelphia (Conrail), 772 A 2d. 1040, Cmwlth., 2001
Steep slope overlay regulations do not create the hardship that is necessary to justify a variance.
Boyer v. Zoning Hearing Bd. of Franklin Twp., 987 A.2d 219 (Pa. Commw. Ct. 2010).