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SCHAUB APPEAL. (11/16/55)

November 16, 1955


Appeal, No. 105, April T., 1955, from order of County Court of Allegheny County, 1954, No. A 1240, in re appeal of Elmer P. Schaub et al. Order affirmed. Appeal by protestants to common pleas from action of board of adjustment in reversing decision of building inspector and granting to property owner the right to construct a facility or place for the parking of automobiles. Before LENCHER, P.J.


Alan D. Riester, with him Charles H. Bracken, for appellant.

Leonard Boreman, with him Solis Horwitz, Thomas L. Jones, and Boreman, Parker, Krause & Horwitz, for appellee.

Before Rhodes, P.j., Hirt, Ross, Gunther, Wright, Woodside, and Ervin, JJ.

Author: Ervin

[ 180 Pa. Super. Page 107]


On appeal the board of adjustment of Brentwood Borough reversed the decision of the building inspector and granted to Whitehall Terrace Shopping Center the right to "construct (and maintain) a facility or place for the parking of automobiles" on three lots under lease or agreement of sale to the applicant. The lower court dismissed the appeal from the board and affirmed the order of the board and directed the issue of the permit as applied for.

The three lots in question are located on the northwesterly side of Brownsville Road and at the present time are zoned partly Residential "A" and partly Residential "B" and partly Commercial "C." On two of the lots in question there are residences. There was a residence on the third property but it has been removed. To the west and northwest the lots are abutted by property zoned for commercial and industrial purposes. The property to the west and southwest is now occupied by a large shopping center. On the northeasterly side the lots in question are abutted by property zoned for residence but actually used by an Episcopal Church. Evidence was offered before the board that the church intends to build an addition to the present church structure.

Brentwood Borough is in the South Hills section of Allegheny County adjacent to the City of Pittsburgh and running through that borough is Brownsville Road, a main thoroughfare connecting with Pittsburgh. Route 51, also known as Clairton Boulevard, a high speed, four-lane highway, interses with Brownsville Road at the southerly end of the borough.

[ 180 Pa. Super. Page 108]

The applicant has its shopping center between Brownsville Road and Route 51. There is now and has been a heavily congested traffic condition on Brownsville Road necessitating the elimination of all parking on the northwesterly side thereof from Route 51 northwardly to Brentridge Avenue. For all this area there is provided total off-street parking for 769 cars at the present time and the proposed parking area would add to that an additional 237 spaces, 159 of which will be on the lots in question and 78 from redevelopment of existing facilities. The testimony shows that the Whitehall Terrace Shopping Center alone needs a minimum of 700 spaces for present requirements. The Whitehall Terrace Shopping Center has a large ground level parking area which permits parking of 168 cars. In the rear thereof there can be parking of 231 additional cars. One of the primary problems is that there is only one artery between Route 51 and Brownsville Road, which is a short, steep street known as Terrace Court, and off this street is the exit from the front parking area and the exit and entrance of the rear parking area. Persons using Route 51 turn into Terrace Court, traveling in an easterly direction and proceed to Brownsville Road, where, as is common on Thursday, Friday and Saturday nights and at all times during any heavy shopping period, the ground level parking area is completely filled. Persons then on Brownsville Road have no place to turn for parking facilities. This particular condition would be alleviated by permitting the proposal of the applicants. As a part of the owners' proposal there would be added thereto a ramp to allow access to the already existing parking areas. The owners also propose to construct a roadway from the proposed parking area to Route 51. The result of this would not only be to give additional parking area but to enable relief of traffic from the already existing

[ 180 Pa. Super. Page 109]

    parking areas by traveling the new roadway rather than using the already congested ...

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