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PENNSYLVANIA ZONING LAW AND PRACTICE

Two-Volume Set Available for purchase HERE or at 800-247-3526.


De minimis Variance. A second floor was added without a permit to a detached residential garage to add living space. The addition exceeded the zoning height limitation for accessory structures by eight feet. After appeal of a Notice of Violation, the Zoning Hearing Board granted a variance to allow the addition to remain. The trial court affirmed. In an unreported decision the Commonwealth Court reversed, denying the variance which it said was not de minimis, necessary for the reasonable use of the property or necessary due to the unique condition of the property. The fact that some other such structures in the Township exceeded the height limit was not persuasive. Pequea Township v. Schelling decided January 8, 2018.