In Re Appeal of Fiori

OpiwioN by

Pkesidbnt Judge Crumlish, Jr.,

David Fiori appeals a Bucks County Common Pleas Court order upholding the Falls Township Hearing Board’s (Board) denial of his variance application. We reverse and remand.

Fiori, the legal owner 1 of an unimproved trapezoidal, half-acre lot which is zoned High Density Residential-Elderly (HR-E), 2 applied for a variance to build a Dairy Queen Soft Ice Cream store, not a permitted use. The surrounding area is essentially commercial in character. 3

The Board concluded that the variance was not necessary to enable Fiori to use his property reasonably and…