Appeal, No. 208, Jan. T., 1957, from order of Court of Common Pleas No. 4 of Philadelphia County, March T., 1956, No. 6873, in case of Jacob S. Richman v. Philadelphia Zoning Board of Adjustment and The Saitto Co. Order reversed.
Jacob S. Richman, with him Richman & Richman, for appellant.
Matthew W. Bullock, Jr., Assistant City Solicitor, with him Robert E. Scullin Assistant Ciiy Solicitor, James L. Stern, Deputy City Solicitor, and David Berger, City Solicitor, for zoning board of adjustment, appellee.
Gordon W. Gabell, with him Saul, Ewing, Remick & Saul, for intervening party defendant, appellee.
Before Jones, C.j., Bell, Chidsey, Musmanno, Arnold, Jones and Cohen, JJ.
OPINION BY MR. JUSTICE BENJAMIN R. JONES
We are called upon to determine the validity of an order of Common Pleas Court No. 4 of Philadelphia affirming a decision of the appellee Philadelphia Zoning Board of Adjustment (hereinafter called Zoning Board) which granted a use variance to appellee, Saitto
Company, permitting it to use the first floor of a property located at 1809-1811 Spruce Street, Philadelphia - an "F" residential district - as an interior decorator's office.*fn1 This property - owned by Sirdav Realty Company and leased to appellee Saitto - consists of two four-story row buildings, the upper three stories of which are used for residential purposes. The first story was used as a dentist's office up until 1936, then as a doctor's office, and, since February 1956, appellee Saitto has used it as an interior decorator's office.
The area may be termed "residential-professional". The buildings in the block are three or four story, the upper stories being used for residential purposes and approximately fifty per cent of the first stories being used as professional offices. At the northwest and northeast corners of the block, respectively, are a one-story delicatessen store and a multi-story medical building and drug store. At the southeast and southwest corners of the block are a multi-storied apartment house and a church. In the 1700 and 1900 blocks of Spruce Street the buildings have both a commercial and/or office usage.
Appellee Saitto leased the instant premises on February 1, 1956. The written lease, providing for a monthly rental of $125.00, is for a five-year term and contains a clause expressly stating that the lessor does not warrant that lessee will be able to obtain a zoning permit for the proposed use and that, even though a permit cannot be obtained, the lease will not be ...