Hertzberg v. Zoning Board of Adjustment

OPINION OF THE COURT

CASTILLE, Justice.

In this appeal we review the Commonwealth Court’s reversal of an order of the Allegheny County Court of Common Pleas (trial court) upholding the decision of the Zoning Board of Adjustment of the City of Pittsburgh (Board) to grant a variance and special exception to appellant Miryam’s. At issue is whether the evidence presented to the Board demonstrated the existence of an unnecessary hardship entitling Miryam’s to a dimensional variance and special exception from the applicable zoning ordinances. We find that the Commonwealth Court erred for two reasons.…