Agenda - Planning Commission - 07/07/2005

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Z.B. June 10, 2005 -- Page 7 lowed the ci/y to seek additional information as part of the application process. Based on these considerations, the city's request for an excluded-uses 1/st, including medical waste, was based on the authority of the municipal code as well as the evidence in the proceeding. Importantly, the city could restrict uses that were dangerous to health, safety, or property in times of flooding. Nothing suggested the city approved the permit of a similarly situated applicant. Ultimately, Roussell failed to show the city's denial was illegal, arbi- trary, or unreasonable.' see also: State ex rel. Teefey v. Board of Zoning Adjustment of Kansas City, 24 S. W. 3d 68_1 (2000). see also: Ford Leasing Development Co. v. Cio,'of Ellisville, 718 S. W. 2d 228 (1986). Variance --Applicant claims his job requires motorcycle garage None of these arguments are in the record granting the variance Citation: Doris Terry Revocable Living Trust wZoning B'oard of Adjustment of the City of Pittsburgh, Commonwealth Court of Penns~'lvania, No. 829 C.D. 2004 (2005) -- PENNSYLVANIA (04/28/05) -- Seate owned a lot of land adjoining a lot owned by the Doris Terry Revocable Living Trust. The two lots were located in an historic, residential district. Seate built a small one-story motorcycle garage in the rear yard of his property. Since the garage was not within the required setbacks, Seate re- quested a variance fr6m the Zoning Board of Adjustment. The board granted the variance. The trust sued, and the court ruled in favor of the board. The trust appealed, arguing the record did not support the board's grant.of the variance. DECISION: Reversed. Seare was not entitled to a variance. The overriding standard for a variance was unnecessary hardship. Seate did not define his hardship, economic or otherwise, and offered no evidence as to why the particular placement of the garage was necessary to. avoid the hardship. Seate argued other factors supported the finding of a hardship. Seate claimed he was a nationally recognized expert Qn motorcycles whose work included a regular column in the Pittsburgh Tribune, six books, and appearances on na- tional.news programs such as the CBS Evening News. Seate said that he made his living from writing about motorcycle riding, etiquette, and safety, and his motorcycle was his only form of transportation. Finally, he argued the neigh- borhood was dotted with garages large enough to house an automobile that 2005 Quinlan Publishing Group. Any reproduction is prohibited. For more inlormation please call (617) 542-0048. 99