Zoning Hearing Board v. Weitzel

Opinion by

President Judge Crumlish, Jr.,

Indiana Township appeals an Allegheny County Common Pleas Court order reversing the Board’s denial of a use variance. We vacate and remand.

L. Jay Weitzel, having prior notice of a zoning restriction, bought a three-story school building situated on approximately two acres in an area zoned R-2 Suburban Residential. He applied for a use variance to renovate the building for use as a business and professional office complex.

The Board denied the variance. The common pleas court, without taking additional evidence, reversed the Board. Our scope of review,…