Legal Opinion

Lipari v. Zoning Hearing Board

Commonwealth Court of Pennsylvania

Decided October 17, 1986No. Appeals, Nos. 1560 C.D. 1986 and 1382 C.D. 1986PublishedCited by 8 opinions

1Opinion of the Court

Opinion by

Judge Craig,

This zoning appeal presents an example of the issue which classically arises in our review of variances: Where a zoning hearing board has granted variances allowing (1) a high-rise apartment building in a residential district in which only single-family and two-family dwellings are listed as permitted residential uses, and (2) a 60% increase in building height over the maximum allowable height, are those variances supported by findings which demonstrate any unique physical circumstances or conditions peculiar to the particular property which would result in…

2Cases cited8 opinions

  1. Valley View Civic Ass'n v. Zoning Board of AdjustmentSupreme Court of Pennsylvania · 1983
  2. Philadelphia v. Earl Scheib Realty Corp.Commonwealth Court of Pennsylvania · 1973
  3. Ignelzi v. Zoning Board of AdjustmentCommonwealth Court of Pennsylvania · 1981
  4. Hipwell Manufacturing Co. v. Zoning Board of AdjustmentCommonwealth Court of Pennsylvania · 1982
  5. Valley Forge Industries, Inc. AppealSupreme Court of Pennsylvania · 1962

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3Cited by8 opinions

  1. Liberties Lofts LLC v. Zoning Board of AdjustmentCommonwealth Court of Pennsylvania · 2018
  2. Damico v. Zoning Board of AdjustmentCommonwealth Court of Pennsylvania · 1994
  3. Beecham Enterprises, Inc. v. Zoning Hearing BoardCommonwealth Court of Pennsylvania · 1989
  4. Abe Oil Co. v. Zoning Hearing BoardCommonwealth Court of Pennsylvania · 1994
  5. D. Demko and S. Pascal v. City of Pittsburgh Zoning Board of Adjustment, and Trek Development Group, Inc. v. The Urban Redevelopment Authority of Pittsburgh, and City of PittsburghCommonwealth Court of Pennsylvania · 2017

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