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Detwiler v. Zoning Hearing Board

Commonwealth Court of Pennsylvania

596 A.2d 1156 (Pa. Commw. Ct. 1991)

Relevant factsFree

Donald and Mary Miller owned an odd-shaped, residentially zoned lot on which they grew hay and kept animals, across from a historic house owned by the Detwilers (plaintiffs). The township's 75-foot rear-setback requirement uniquely shrank the odd lot's buildable footprint, so the Millers sought a variance reducing the setback to 40 feet. The Detwilers opposed it, claiming harm to their historic home's value. The Zoning Hearing Board (defendant) granted the variance.

IssueFree

Whether a zoning-variance applicant must show that the variance will not harm the public interest and is necessary to relieve an unnecessary hardship that is not self-inflicted and uniquely affects the property.

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