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<br />546 A.2d 755 <br /> <br />http://web2.west1aw.comlresultldocumenttext.aspx?docsamp1<J=.fa1s... <br /> <br />for obtaining a variance. Before a variance may be granted, Section 912(1) of the MPC requires a <br />finding "[t]hat there are unique physical circumstances or ... physical conditions peculiar to the <br />particular property, and that unnecessary hardship Is due to such conditions...." In this case, the <br />Board considered that the building on the property was required to remain standing In order to screen <br />the parking lot from the nearby residences. Further, the Board also considered the fact that the <br />parking lot in the rear made the property less desirable as a single family residence. <br /> <br />Lill i5I Appellant argues that any hardship In this case does not rise to the level of "unnecessary." <br />We believe that O'Neill v. Philadelphia ZonlnQ Board of Adjustment, 384 Pa. 379. 120 A.2d 901 <br />(1956) applies. There, a building which predated the zoning ordinance was used as a commercial <br />garage. The zoning ordinance classified the area as residential. The applicant proposed to partition <br />the first fioor, using one portion to park her car and the remainder as a private ballet studio. The <br />board then granted the variance finding that the proposed use (1) was far less "obnoxious" than the <br />use as a garage, (2) would not adversely affect the neighborhood and (3) the *l71 property could <br />not easily be converted to a residence. The trial court reversed by concluding that the board had <br />abused Its discretion In finding an unnecessary hardship because of Its belief that the making of <br />expenditures to convert to a residence was not an unnecessary hardship. The Supreme Court <br />reversed. <br /> <br />The Court first noted that the case was distinguishable from those cases where one was claiming <br />unnecessary hardship because the zoning laws prevented the owner from realizing the property's <br />maxImum value. As the Supreme Court stated, "It Is the required conversion of the premises in <br />**759 question from a nonconforming to a conforming use at substantial cost, claimed by the <br />[landowner] to be financially Impracticable" [d. at 384, 120 A.2d at 904 (emphasis In original). The <br />Court went on to state: <br /> <br />While It Is true that a board of adjustment may only grant a variance If ordinance alleged hardship Is <br />substantial and of compelling force, we are of the opinion that the appellants have shown singular <br />circumstances which would Justify a departure from ordinance strict letter of the zoning regulations. <br />The Board's discretion Is not so circumscribed as to require a property owner to reconstruct a building <br />a conforming use regardless of the financial burden that would be Incident thereto. Especially is this <br />true where the change sought is from one nonconforming use to another more desirable <br />nonconforming used that will not adversely affect but better the neighborhood.... We have repeatedly <br />held that the decision of a zoning board should be reversed only where It has fiagrantly abused its <br />discretion. In the Instant case the court below based Its decision solely upon the nonexistence of <br />'unnecessary hardships'. As before Indicated, In our opinion the conclusion Is not Justified. <br /> <br />*l72 [d. at 386, 120 A.2d at 904-05. Accord LOQan Square NeiQhborhood Association v. ZoninQ <br />Board of Adjustment, 32 Pa.Commonwealth 277, 379 A.2d 632 (1977) . <br /> <br />We believe the similarities between O'Neill and the present case are such that O'Neill controls and <br />requires us to reject appellant's argument that the hospital failed to prove an unnecessary hardship. <br />While appellant argues that O'Neill Is distinguishable because the renovations there were much more <br />substantial than would have been required In the present case, that attempted distinction 15 <br />unwarranted. A building which had been used as a banquet hall would require substantial renovation <br />to return to a single family residence. Furthermore, Ault, the hospital's vice president, testified that <br />extensive Interior work would be needed to convert to a single family residence. As the former use <br />was nonconforming, substantial expenditure need not be made In light of O'Neill. <br /> <br />U1l ~ Appellant next argues that the grant of a variance would alter the essential character of the <br />neighborhood. Appellant argues that use as an office would create so much traffic that It would alter <br />the present residential character. There was testimony In the record that an office housing seven <br />employees would require less traffic that a motel's banquet hall, especially when the employees work <br />only from 8:00 A.M. to 5:00 P.M., Monday through Friday. The Board found that the proposed use <br />would not have a detrimental effect on the neighborhood. We believe this factual finding is supported <br />by evidence In the record. <br /> <br />70f8 <br /> <br />12/29120064:56 PM <br />