Xavier rudd remix3/2/2023 Just as in the present case, the lot, which had been in existence prior to the enactment of the zoning ordinance, was too small to build upon without violating a number of dimensional requirements. In Jacquelin, the landowner owned a parcel of property in a zoning district that permitted only single family detached dwellings, and agricultural, conservational and recreational uses. The appellant makes a number of allegations of error, none of which in our view are meritorious. The trial court held that the Board's denial of the variance was violative of the holding in Jacquelin v. Zoning Hearing Board of Bern Township, 508 Pa. Where the trial court, as here, takes no additional evidence, our scope of review is limited to determining whether the Board committed an abuse of discretion or an error of law. The Township then sought review by this Court. Rudd appealed to the Court of Common Pleas which reversed the Board. Following a hearing, the Board denied the request for a variance, finding that Rudd had failed to prove his entitlement thereto. O'Donnell and Rudd subsequently entered into an agreement of sale for the lot and partially completed building, contingent upon Rudd obtaining a variance to build a single family detached dwelling. The Township then issued a cease and desist order. When he was told that his building permit would be issued, he commenced construction. According to O'Donnell's testimony, he had submitted plans to local zoning officials for the construction of a garage. Sometime thereafter, O'Donnell began construction of a building on the lot. That request was denied and no appeal was taken. At a hearing held on the application, the Board was informed that the O'Donnell's had applied for a similar variance in 1985. In July of 1988, Rudd sought variances for the undersized lot and to permit him to build with a side yard of eight and one-half feet as opposed to the required fifteen feet as well as a rear yard of thirty feet rather than fifty feet. The minimum lot size under the ordinance is 10,000 square feet the parcel, held in single and separate ownership since 1929 has less than 5,000 square feet. Permitted uses within that district are single family detached dwellings, farming, municipal uses and accessory uses. The parcel is presently zoned "C Residential". That ordinance provided that a lot, held in single and separate ownership since the effective date of ordinance and which was too small under the ordinance's terms, could be built upon if a variance was obtained. The Township's first zoning ordinance, enacted in 1947, made the lot nonconforming. He has entered into a sales agreement to purchase the parcel from David and Valerie O'Donnell the sale is contingent upon Rudd obtaining the necessary variances. Rudd is the equitable owner of a parcel of property located in the Township. Lower Gwynedd Township (the Township) appeals an order of the Court of Common Pleas of Montgomery County which reversed a decision of the Lower Gwynedd Township Zoning Hearing Board (the Board) and granted a variance to Floyd Rudd (Rudd). I decided to give it away for free in these special times where we could all use a little more love. I remixed this beautiful track by the incredible Xavier Rudd last year and since then it has been a secret weapon of mine.
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