Appeal, No. 251, Jan. T., 1955, from order of Court of Common Pleas No. 2 of Philadelphia County, Sept. T., 1954, No. 1817, in case of Alfred T. Novello, et ux., et al., v. Zoning Board of Adjustment, et al. Order affirmed.
Raymond J. Porreca, for appellants.
David E. Pinsky, Assistant City Solicitor, with him Matthew W. Bullock, Jr., Assistant City Solicitor, and Abraham L. Freedman, City Solictor, for Zoning Board of Adjustment, appellees.
Herbert S. Levin, for intervenor-appellee.
Before Stern, C.j., Stearne, Jones, Bell, Chidsey, Musmanno and Arnold, JJ.
OPINION BY MR. CHIEF JUSTICE HORACE STERN
The question is whether the Board of Adjustment was authorized, under the Philadelphia Zoning ordinance, to issue a certificate for permission to use a building as a "Car Wash" in an area zoned "A Commercial."
The building is located at the southwest corner of Broad and Reed Streets in Philadelphia. A church edifice which had stood there was abandoned by the church a few years ago. The four corners of the intersection are all zoned "A Commercial" and there are many stores and other non-residential establishments in the immediate vicinity. The appellants, who protested the issuance of a permit to the intervening defendant, Michael Felt, are owners and occupiers of properties on the east and west sides of the block between Reed and Dickinson Streets.
The Philadelphia Zoning Ordinance of August 10, 1933, section 16, as amended, after setting forth some 27 permitted uses in an "A Commercial" district, provides that "The following uses will be permitted only if a Board of Adjustment certificate, as hereinafter provided, is obtained:" The uses thus referred to are numbered from 28 to 36 inclusive. Number 32 embraces 3 types of garages, one of which is "A public or commercial garage or repair shop, gas and oil service
station, ...". Number 36 reads: "Uses customarily accessory and incidental to the permitted uses." A final number 37 provides that "A Use of the same general character as Uses 28 to 36 of this section may be permitted when authorized by a Board of Adjustment certificate as hereinafter provided."
The Zoning Board of Adjustment, after a public hearing, issued a certificate permitting Felt to demolish the church structure, erect a one-story building, and operate a car wash on the premises, subject to the qualification that the entrance and exit should be from Broad Street only, that the ground should be hard surfaced, that a suitable barrier should be erected, that no banners should be strung across the lot, and that lights should be focused downwards so as to ...