![]() ![]() On appeal to the Common Pleas Court additional evidence was introduced. The Board further found that the adjacent commercial uses, which were said to make residential development inappropriate, had been built by or on land purchased from Dager and that any resulting hardship was self-inflicted. It found that one or more residential units could be built on the site and that Dager had offered no evidence other than his opinion that such units would be unmarketable. The Board, noting that Dager was not without self-interest and that no supporting evidence of unnecessary hardship had been presented, denied the variance. At the hearing before the Board, Dager testified that certain characteristics of the property, including a slope and the presence of a flood plain, and the proximity of the lot to commercial uses on adjacent properties made residential development, permitted by right under the zoning ordinance, impractical. American Medical Centers and Dager sought to obtain a variance from the 20 acre lot size requirement. ![]() ![]() The township zoning ordinance permits nursing homes only by special exception and only on parcels containing at least 20 acres. Dager, respectively the equitable and legal owners of a parcel of land in Lower Gwynedd Township, have petitioned for review of an order of the Court of Common Pleas of Montgomery County affirming the township Zoning Hearing Board's (Board) denial of their application for a variance.Īmerican Medical Centers desires to build a nursing home on a 5.5 acre parcel of land which it has conditionally agreed to purchase from Dager. ![]()
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