King v. Zoning Hearing Board of the Borough of Nazareth

Opinion by

Judge Craig,

This is an appeal from a decision of the Court of Common Pleas of Northampton County, which affirmed the granting of a variance to the Holy Roman Catholic Church of Nazareth ¡by the Zoning Hearing Board of the Borough of Nazareth on the basis of the de minimis doctrine.

The church sought to build an addition to its existing .school building in order to accommodate a kindergarten classroom, special education rooms, and two offices. Although the zoning ordinance establishes maximum building coverage in the church’s district at twenty percent of the lot area,1 the school…