Lay v. Zoning Hearing Board
Lay v. Zoning Hearing Board
Opinion of the Court
Opinion by
The appellant, Eugene E. Lay, seeks review of a decision of the Court of Common Pleas of Allegheny County which affirmed an order of the appellee, the Zoning Hearing Board (Board) of the Municipality of Bethel Park (Bethel Park).
The appellant first contends that the slag and “red dog”
It is true that the Bethel Park Zoning Ordinance did not define the terms “asphalt”, “concrete” or “paved”. In making its determination, however, the Board examined the common definitions of those words
It is next argued that the requirement that the appellant pave his lot is invalid because such a con
Finally, the appellant asserts that he is entitled to a variance because the zoning ordinance imposes an undue hardship on him (1) in that his neighbors would suffer water damage as a result of the unique physical conditions of his premises caused by the slope of his land and the lack of storm sewers in the area and (2) that due to such physical circumstances the property cannot be developed
Order
And Now, this 29th day of July, 1981, the order of the Court of Common Pleas of Allegheny County in the above-captioned matter is affirmed.
6 The lower court held that Bethel Park had no authority to require that the appellant agree to hold the municipality harmless from any disputes arising relative to the anticipated drainage problem and Bethel Park has filed no cross-appeal as to that portion of the decision below.
The term “red dog” was defined at oral argument as a porous surfacing material consisting of crushed slag.
Asphalt — “a composition of ground asphalt rock and bitumen, of bitumen, lime, and gravel, or even of coal tar, lime, and sand used for forming pavements and as a waterproof cement . . .”
Concrete — “a compound or mass formed by concretion, spontaneous union, or coalescence of separate particles of matter in one body ...[;] a hard strong building material made by mixing a cementing material . . . and a mineral aggregate . . . with sufficient water to cause the cement to set and bind used in the construction of bridges, buildings, dams, pavements, tunnels and smaller products ... [;] to form a solid mass . . .”
Pave — “to lay or cover with stone, brick, asphalt, concrete, or other material making a firm, level, or convenient surface for travel ... [;] to cover firmly and solidly, . . .” Webster’s Third New International Dictionary (1966).
Where, as here, the court below has taken no additional evidence, our scope of review is limited to determining whether or not the zoning hearing board abused its discretion or committed an error of law in making its decision. Manilla v. Zoning Searing Board of Worchester Township, 55 Pa. Commonwealth Ct. 114, 422 A.2d 1216 (1980).
The appellant also asserts that his situation fulfills the other requirements for a variance, i.e., that the unnecessary hardship was not self-inflicted, that the variance will not alter the character of the neighborhood or be detrimental to the public welfare, and that the variance is the minimum required to afford relief. Section 912 of The Pennsylvania Municipalities Planning Code, Act of July 31, 1968, P.11. 805, as amended, 53 P.S, §10912.
See Avanzato Appeal, 44 Pa. Commonwealth Ct. 77, 403 A.2d 198 (1979).
Case-law data current through December 31, 2025. Source: CourtListener bulk data.