25 Pa. Commw. 451 | Pa. Commw. Ct. | 1976
Opinion by
Dr. William Updegrave and his wife Sara Jane (appellants) sought a variance from the Philadelphia
Where, as in this ease, the lower court took no additional evidence, our scope of review is limited to determining whether the Board committed a manifest abuse of discretion or an error of law. Harper v. Zoning Hearing Board of Ridley Township, 21 Pa. Commonwealth Ct. 93, 343 A.2d 381 (1975). The law with respect to the grant of a variance is well settled. In order to obtain a variance, the applicant must sustain the burden of proving that (1) the proposed use is not contrary to the public interest and (2) the property involved is subjected to an unnecessary hardship unique or peculiar to the property itself. Sposato v. Radnor Township Board of Adjustment, 440 Pa. 107, 270 A.2d 616 (1970).
In Richman v. Zoning Board of Adjustment, 391 Pa. 254, 259-60, 137 A.2d 280, 283-84 (1958), the Pennsylvania Supreme Court stated:
“He who seeks a variance has the burden of proving justification for its grant. The ‘hardship’ which must be proven must be an ‘unnecessary,’ not a ‘mere’ hardship, as well as ‘unique or peculiar to [the propc.-tx involved] as distinguished from the impact of the zoning regulations on the entire district.’ The fact that an increase or decrease in value will result from the grant or refusal of a variance will not, standing alone, constitute a sufficient hardship.” (Footnotes omitted.)
. In the case at bar, testimony by Dr. Updegrave at the first' hearing and by his attorney in a remand hearing tended to show only that Dr. Updegrave felt it would be difficult to find another dentist to buy or lease his property, that it -would be costly to integrate the office area with the existing living spacé, and that the Updegraves desired to have friends live in the proposed apartment to act as caretakers when appellants were away from home. There is, however, absolutely no evidence in this record which would show a hardship or deprivation of the required magnitude. Assuming, arguendo, that the proposed conversion would not result in any prejudice to the public interest, we hold that the court below was correct in its refusal to, reverse the board since appellants had not met their burden of proving “unnecessary hardship.” See Szmigiel v. Zoning Board of Adjustment, 6 Pa. Commonwealth Ct. 632, 298 A.2d 629 (1972).
Order affirmed.
Order
Now, this 13th day of July, 1976, the order of the Court of Common Pleas of Philadelphia County af