Mortimer v. New Britain Township Zoning Hearing Board

93 A.3d 936 (2014)

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Mortimer v. New Britain Township Zoning Hearing Board

Pennsylvania Commonwealth Court
93 A.3d 936 (2014)

  • Written by Tanya Munson, JD

Facts

Edward Mortimer (plaintiff) owned land in New Britain Township, Pennsylvania. The land was zoned as suburban residential under the New Britain Township zoning ordinance. Mortimer constructed a house and a detached garage on the property. Years later, Mortimer made improvements on the second floor of the garage without obtaining the required building permits. Mortimer installed in the garage a bedroom, office, kitchen, living room, dining room, bathroom, laundry room, plumbing, heating, and other utilities. Mortimer intended for the apartment to be used as a residence for his niece. The township issued Mortimer a violation notice informing him that because he did not obtain the necessary building permits, the apartment was illegally constructed. The township also informed Mortimer that the garage apartment constituted an accessory dwelling and was prohibited in the suburban-residential zoning district. Mortimer submitted an application to the New Britain Township Zoning Hearing Board (the ZHB) (defendant) requesting an interpretation of the zoning ordinance to permit an accessory dwelling use in a detached garage, a variance from the ordinance to permit such use, or an interpretation that connecting the garage to the house would bring it into compliance with the ordinance. After a hearing, the ZHB denied Mortimer’s application. Mortimer appealed the ZHB’s decision.

Rule of Law

Issue

Holding and Reasoning (Leadbetter, J.)

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