No. 894 On July 26, 2012, the Pennsylvania Commonwealth Court decided a Constitutional challenge to Act 13, the latest legislative attempt to regulate the booming oil and gas industry. By a 4-3 vote it found certain provisions of the statute unconstitutional. See Robinson Township et al. v. Commonwealth, No. 248 MD 2012, not yet found [...]
Commonwealth Court: variance under Hertzberg still requires hardship of the property, not the person.
The standards for granting a variance are quite strict, but many continue to think that the relaxation of the rules for a dimensional variance under Hertzberg v. Zoning Board of Adjustment, 554 Pa. 249, 721 A.2d 43 (1998), gives them more than the Commonwealth Court will allow.
Those of us who have zoning practice are required to do it all of the time: make a list of the names and addresses of all property owners whose land is adjacent to the property in question. Not too difficult. Yes, you should include properties across the street. And if the tax map shows properties almost touching, include them too. But other than that, its just a little map reading exercise.