Marr Dev. Mifflinville, LLC v. Mifflin Township Zoning Hearing Bd., PICS Case No. 17-1144 (Pa. Commw. July 3, 2017) Cohn Jubelirer, J. (13 pages.)
Zoning board erred in denying applicant's special exception application to construct 11 duplexes because applicant met the objective requirements for a special exception, the proposed duplexes were consistent with the purpose of the ordinance and objector's expressed fears were speculative at best. Reversed.
July 28, 2017 at 02:15 PM
3 minute read
Special Exception Application • Compatibility • Duplexes • Speculative Objections
Marr Dev. Mifflinville, LLC v. Mifflin Township Zoning Hearing Bd., PICS Case No. 17-1144 (Pa. Commw. July 3, 2017) Cohn Jubelirer, J. (13 pages.)
Zoning board erred in denying applicant's special exception application to construct 11 duplexes because applicant met the objective requirements for a special exception, the proposed duplexes were consistent with the purpose of the ordinance and objector's expressed fears were speculative at best. Reversed.
Applicant owned property in a suburban residential district and applied for a special exception to construct 11 duplexes. The district permitted single family detached dwellings and limited attached dwellings to two dwelling units. Applicant planned to subdivide the 5.85 acre lot into 12 lots, one of which would contain an existing single-family dwelling, with duplexes on the other lots. The board denied the application, finding that it was not in the best interest of the properties in the general area and the community at large. On remand, the board found that the proposed project would double the number of dwelling units in the area and was not compatible with existing and adjoining land uses. The common pleas court upheld the board decision and applicant appealed.
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