Detwiler v. Zoning Hearing Board
Commonwealth Court of Pennsylvania
596 A.2d 1156 (Pa. Commw. Ct. 1991)
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.
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.