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APPLETREE LAND DEV. v. ZONING HEARING BD.

834 A.2d 1214 (2003)

APPLETREE LAND DEVELOPMENT, Appellant, v. ZONING HEARING BOARD OF YORK TOWNSHIP, York County, v. York Township.

Commonwealth Court of Pennsylvania.

Decided October 28, 2003.

Attorney(s) appearing for the Case

Gary E. French, Harrisburg, for appellant.

David A. Jones, II, York, for appellees.

BEFORE: COHN, Judge, and LEAVITT, Judge, and FLAHERTY, Senior Judge.

OPINION BY Judge LEAVITT.

Appletree Land Development Company, LLC (Appellant) appeals from an order of the York County Court of Common Pleas (trial court) affirming the decision of the York Township Zoning Hearing Board (Board) to deny Appellant's request for a de minimis variance. The requested variance was sought to allow a 1.19-foot variance to a dimensional zoning requirement, i.e., a set back.

This case began in 2001 when Appellant constructed...

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