De Minimis Doctrine and Use Variances: A Deviation From Zoning Regulations and Caselaw
Soland v. East Bradford Township Zoning Hearing Board held that a use variance can be de minimis, where such doctrine previously only applied to dimensional variances.
June 24, 2024 at 12:28 PM
7 minute read
Land Use and PlanningIt is not every day that "new law" is created in Pennsylvania land use law, but that is precisely what occurred in a recent Pennsylvania Commonwealth Court decision, Soland v. East Bradford Township Zoning Hearing Board, 311 A.3d 1208 (Pa. Commw. Ct. 2024). Soland held that a use variance can be de minimis, where such doctrine previously only applied to dimensional variances. Before Soland and the de minimis doctrine can be examined, it is important to distinguish the difference between a use variance versus a dimensional variance and the burdens of proof for each.
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