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Orie v. Zoning Hearing Board of the Borough of Beaver

A landowner has standing to appeal a zoning hearing board decision even though he failed to state an objection during the public hearing on the decision, because he is 'aggrieved' by or in regard to the matter as an adjacent property owner, and submitted written objections to the zoning hearing board.

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Submitted: December 6, 2000

James and Heidi Orie appeal the order of the Court of Common Pleas of Beaver County quashing their land use appeal on the ground that they failed to appear before the Borough of Beaver’s (Borough) zoning hearing board to object to the grant of variances requested by the local library, which is located on the lot adjacent to the Ories’ home.

The Beaver County Memorial Library (Library), a nonconforming use in an R-1 residential area, applied for a zoning permit to expand the library’s existing 7,600-square foot building by an additional 4,200 square feet. The Borough denied the permit, stating that the zoning hearing board would have to act on any request to enlarge the library building. The Library subsequently applied for variances for waiver of the zoning ordinance’s provisions for rear yard setbacks, allowable lot coverage, and off-street parking requirements. *fn1

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