Martin mpc 2d plan
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On December 15, 1992, the ZHB sent a letter to Baker informing her that pursuant to City of Hermitage v.
#Martin mpc 2d plan trial#
On September 24, 1992, Baker filed an appeal with the ZHB and the trial court, challenging the validity of the zoning ordinance amendment. Martin had previously filed a request for rezoning of the Shaw farm on March 30, 1991, which was subsequently withdrawn and then resubmitted on December 27, 1991. The Shaw farm consists of approximately 221 acres of land, which is adjacent to a landfill operation owned or controlled by Martin. On August 25, 1992, the Board of Supervisors amended the Township Zoning Ordinance which, among other zoning changes, resulted in the rezoning of the Shaw farm from an agricultural to an industrial district. (Martin), Chartiers Township (Township) and Chartiers Township Board of Supervisors (Board of Supervisors) (Appellants, collectively) appeal from orders of the Court of Common Pleas of Washington County (trial court), which reversed the orders of the Chartiers Township Zoning Hearing Board (ZHB) and the Board of Supervisors and granted the appeal of Carol Baker (Baker) from the grant of approval of the conditional use application filed by Martin, and from the rezoning of the land known as the Shaw farm. Because of the sanitary landfill's prior and potential ability to generate funds from the host fee agreement, and because the host fees allow the Board of Supervisors to keep down taxes in the Township, the environmental impact of the rezoning, and its conformity with the comprehensive plan was not sufficiently explored.
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#Martin mpc 2d plan full#
617, 568 A.2d 1372 (1990), we agree with the trial court that the procedural irregularities indicate that the Board failed to make a full and fair examination of the impact of the rezoning in its attempt to accommodate Martin. Lynn Township Zoning Hearing Board, 130 Pa.
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Board of Supervisors of Montgomery Township, 51 Pa. However, as Martin concedes, a zone can be a spot zone even if it is a peninsula surrounded on all but one side by inconsistently zoned land, as appears to be the case here. Rather, the property is proximate to the existing Martin landfill area, and it therefore does not create an island surrounded by inconsistently zoned property. Next, Martin argues that there was no illegal spot zoning because the Shaw farm property is not an illegal spot separate and distinct from all surrounding property.1748, 104 L.Ed.2d 184 (1989), Judge Craig defined illegal spot zoning as, "zoning provisions adopted to control the use of a specific area of land without regard to the relationship of those land use controls to the overall plan and the general welfare of the community." Go to Martin argues that Baker has not met her burden of proof to show that the rezoning was an illegal spot zone.Similarly, in an appeal from the decision of the Board of Supervisors regarding a conditional use permit, our scope of review is whether the Board of Supervisors committed an error of law or abused its discretion in approving Martin's application for a conditional use permit. Zoning Hearing Board of the Borough of Forest Hills, 152 Pa. A conclusion that the zoning hearing board abused its discretion may be reached only if its findings are not supported by substantial evidence. In zoning appeals, where the trial court takes no additional evidence, this Court's scope of review is limited to determining whether the zoning hearing board committed an abuse of discretion or an error of law.