Butch v. East Lackawannock Township Zoning Appeal Board

Opinion by

Judge Doyle,

Before this Court is an .appeal by East Lackawannock Township from a decision and order of the Court of Common Pleas of Mercer .County requiring the East Lackawannock Township Zoning Appeal Board (Board) to grant ia variance to Gary L. Butch. (Appellee). We reverse.

In February of 1981, Appellee began to excavate his property for the purpose of constructing a building. Prior to the commencement of actual construction, a member of the Board informed him, that he would need a setback variance just as he had obtained previously for the construction of another building on…