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DORMONT BOROUGH APPEAL. (01/17/56)

January 17, 1956

DORMONT BOROUGH APPEAL.


Appeal, No. 212, April T., 1955, from order of County Court of Allegheny County, dated August 26, 1955, in re appeal by Borough of Dormont from decision of Board of Adjustment. Order affirmed.

COUNSEL

Clair V. Duff, Borough Solicitor, for appellant.

Arthur Wessel, Jr., for appellee.

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

Author: Gunther

[ 180 Pa. Super. Page 551]

OPINION BY GUNTHER, J.

This appeal is from an order of the lower court dismissing an appeal by the Borough of Dormont from a decision of the Zoning Board of Adjustment.

The borough's secretary, manager, and inspector were ordered by the court to issue a building permit to intervening appellees, Mr. and Mrs. Everett Brake, who made application to alter the second floor of their garage heretofore used as a pigeon coop.

The district where the Brakes reside is classed as B-2 residence area by which single family dwellings, two family dwellings, multiple and mixed occupancy buildings are permitted. The borough manager refused to grant the permit, basing his reasons on Section 30J of Article VIII of the Borough Ordinance which reads as follows:

"Lot Area Per Family. The minimum requirements as to lot area per family housed thereon shall be as follows: One family dwelling, 2500 square feet; Two family dwelling, 1500 square feet; Multiple dwelling, not exceeding three stories in height, 800 square feet provided

[ 180 Pa. Super. Page 552]

    that the required lot area per family may be reduced ten per ...


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