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NICHOLSON v. ZONING BOARD ADJUSTMENT. (04/21/58)

April 21, 1958

NICHOLSON, APPELLANT,
v.
ZONING BOARD OF ADJUSTMENT.



Appeal, No. 97, Jan. T., 1958, from order of Court of Common Pleas of Lehigh County, April T., 1957, No. 216, in case of Robert Nicholson et al. v. Zoning Board of adjustment of the City of Allentown, Pennsylvania. Order affirmed.

COUNSEL

John F. Stine, Jr., with him W. F. Steigerwalt, for appellants.

Harry A. Dower, with him James D. Christie, Perkins, Twining & Dower, and George H. Sacks, City Solicitor, for appellee.

Before Jones, C.j., Bell, Chidsey, Musmanno, Jones and Cohen, JJ.

Author: Chidsey

[ 392 Pa. Page 279]

OPINION BY MR. JUSTICE CHIDSEY:

This is an appeal from the order of the court below affirming the action of the Zoning Board of Adjustment of the City of Allentown. The owner of the premises

[ 392 Pa. Page 280]

    involved, Terminals, Inc., and its lessee, Modern Transfer Company, determined by the court below to be the real party in interest, sought to use two adjacent tracts of land, separated by an unopened alley, which for convenience will be respectively designated as Tracts I and II,*fn1 for the parking and storage of tractors, trailers, trucks and other motor vehicles. Tract I is located in an area zoned Business B, while Tract II is located in a district zoned B Residential. The Board, after a public hearing, found that the proposed use was a permitted use within a B Business District, and accordingly issued a permit for Tract I. It also found that an unnecessary hardship would result if Modern Transfer was prohibited from using Tract II for the requested use, and granted a variance from the ordinance for that tract. The court below, without taking any additional testimony, affirmed the Board's action. Residents of the immediate neighborhood have appealed.

Both Tract I and II are 250' in length and 125' in width and are bounded on the north by Tilghman Street and on the south by Dent Street. They are separated by an unopened alley twenty feet in width, known as Meade Street. Tract I, the westerly lot, fronts on Maxwell Street, while Tract II, the easterly

[ 392 Pa. Page 281]

    lot, fronts on Nelson Street. Dent Street, the southern boundary for both lots, extends only from Maxwell to Nelson Streets.

From at least five blocks west of Meade Street, the dividing line between the residential and business districts is Tilghman Street, the northern boundary of both tracts. To the north of Tilghman, the area is zoned residential, while on the south, the area is zoned commercial. The line separating the commercial and residential districts after thus running east along Tilghman to Meade, the unopened alley separating the two tracts, then turns directly sough along Meade Street to Dent Street, the southern boundary of both tracts, where it again turns and continues in an easterly direction along Dent Street to Nelson Street. It then continues in a slightly northeasterly direction for at least another five or six blocks. Since the dividing line between the commercial and residential districts runs south along Meade Street ...


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