Legal Opinion

Szary v. Zoning Hearing Board

Pennsylvania Court of Common Pleas, Chester County

Decided April 14, 2014No. 2012-05359Published

1Opinion of the Court

TUNNELL, J.,

— Gregory Szary and Karen Szary (“appellants”) filed their appeal from the decision of the Tredyffrin Township Zoning Hearing Board (“board”) granting the application of Landmark 5, LLC (“applicant” or “Landmark”) for a use variance from §208-67 of the Tredyffrin Township Zoning Ordinance (“ordinance”) so that it could add an outdoor patio with seating and a bar to its existing restaurant. This section of the ordinance requires that each permitted use in the C-l Commercial District, other than a parking lot, shall be conducted within a completely enclosed building. Appellants…

2Cases cited14 opinions

  1. Valley View Civic Ass'n v. Zoning Board of AdjustmentSupreme Court of Pennsylvania · 1983
  2. Hertzberg v. Zoning Board of AdjustmentSupreme Court of Pennsylvania · 1998
  3. Taliaferro v. Darby Tp. Zoning Hearing Bd.Commonwealth Court of Pennsylvania · 2005
  4. Larsen v. Zoning Board of AdjustmentSupreme Court of Pennsylvania · 1996
  5. Yeager v. Zoning Hearing BoardCommonwealth Court of Pennsylvania · 2001

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