Larsen v. Zoning Board of Adjustment of the City of Pittsburgh

543 Pa. 415, 672 A.2d 286 (1996)

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Larsen v. Zoning Board of Adjustment of the City of Pittsburgh

Pennsylvania Supreme Court
543 Pa. 415, 672 A.2d 286 (1996)

  • Written by Tanya Munson, JD

Facts

Rolf Larsen (plaintiff) owned a house with a very steep backyard that sloped toward the Ohio River. Larsen obtained a variance to add a 20-by-20-foot deck off the rear of the house. When Larsen had purchased the house, there was enough space to build a deck that would have complied with the ordinance. However, because Larsen had built an addition to the house and because of the steep slope of the property, Larsen was unable to construct an area for his toddler son to play without obtaining a variance. Michael and Theresa Nuzzo, residents of a multiunit condominium next door to Larsen, appealed the grant of the variance. The zoning board found that Larsen would suffer an unnecessary hardship from a denial of the variance because Larsen would be denied the reasonable use of his land if he could not provide a play area for his son. The Nuzzos appealed the decision of the zoning board. The trial court ruled that Larsen had failed to meet the criteria needed to support a variance. Larsen appealed.

Rule of Law

Issue

Holding and Reasoning (Castille, J.)

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