Zoning Variances in Pennsylvania: Proving Unnecessary Hardship

What hardship means, and what it does not

The hardship has to come from the land. Unusual shape, difficult topography, an undersized lot that predates the ordinance, rock or water conditions, an irregular frontage.

What does not qualify:

• That the variance would be more profitable.
• That you paid a price that only works with the variance.
• That neighbors have something similar.
• A hardship you created yourself, for example by subdividing the parcel into the awkward shape you are now complaining about.

Self created hardship is the most common reason applications fail, and it is frequently created inadvertently in the transaction that preceded the application.

Dimensional and use variances are not the same

A dimensional variance concerns setbacks, height, lot coverage or similar. Pennsylvania applies a somewhat more flexible analysis here, weighing the practical difficulty of complying against the purpose of the requirement.

A use variance, permitting a use the ordinance does not allow in that district at all, is considerably harder and attracts the full hardship standard. Establishing which you actually need is the first question, and applicants sometimes ask for a use variance when the relief they need is dimensional.

Minimum necessary

Even with hardship established, the relief granted should be the least needed to relieve it. An application asking for more than the situation requires invites refusal of the whole thing. Ask for what you need and be able to explain why a lesser variance does not work.

What actually persuades a board

• A survey showing the physical constraint clearly.
• Evidence that a compliant alternative was considered and why it fails.
• Expert testimony where topography, drainage or engineering is central.
• A design that answers the obvious objection before a neighbor raises it: screening, orientation, lighting, drainage.
• Evidence that the character of the neighborhood is not altered.

Then there is the 30 days

If it is refused, the appeal to the Court of Common Pleas is generally within 30 days. That period runs while people are deciding whether to bother, and it is not extended by continuing conversations with the township.