Apartment Building Which Consists of Floor Space Much Higher Than Permitted Under Zoning Regulations

Should an Individual Seek Rezoning and Not Variance if the Apartment Building Consists of Floor Space Much Higher Than Permitted Under Zoning Regulations ? In O'Neill v. Zoning Board of Adjustment, 434 Pa. 331, 254 A.2d 12 (1969), the Court refused to uphold the grant of variances to an applicant who wished to construct a twenty-six story apartment building consisting of 225,809 square feet of floor space.... The property was located in a C-3 commercial district which permitted the construction of apartment buildings but limited the allowable floor space to 86,646 square feet.... This Court found that O'Neill was not the appropriate case to apply a less strict standard for the grant of a dimensional variance because the "apartment building would be more than a mere technical and superficial deviation from the space requirements. the building would contain approximately two and one half times as much floor space as is now permitted under the zoning regulation. In such a situation, petitioner's remedy would appear to be a rezoning and not a variance." O'Neill, 434 Pa. at 338, 254 A.2d at 16.