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WILLEY APPEAL. (04/18/60)

April 18, 1960

WILLEY APPEAL.


Appeal, No. 123, March T., 1960, from order of County Court of Allegheny County, No. A721 of 1959, in re appeal of Hawcrest Association by Frederick W. Willey, trustee ad litem et al. Order affirmed.

COUNSEL

Loyal H. Gregg, with him Harry Shapera, and Gregg & Price, for appellants.

H. S. Dunn, Assistant City Solicitor, with him David Stahl, City Solicitor, for Pittsburgh, appellee.

D.W. Craig, for property owner, appellee.

Before Jones, C.j., Musmanno, Jones, Cohen, Bok and Eagen, JJ.

Author: Cohen

[ 399 Pa. Page 85]

OPINION BY MR. JUSTICE COHEN.

This is an appeal by residents of the 14th Ward of the City of Pittsburgh (appellants) from an order of the County Court of Allegheny County, affirming a decision of the Zoning Board of Adjustment of the City of Pittsburgh and permitting the Pittsburgh Golf Club to construct an outdoor swimming pool, bathhouse and a canteen pursuant to § 1401-4 of the 1958 Zoning Ordinance of the City of Pittsburgh (Ordinance No. 192, approved May 10, 1958).

The zoning ordinance in question was introduced in City Council on March 10, 1958, and was referred to the Committee on Public Works. On March 11, 1958, the Committee on Public Works read the Bill and directed that notices of hearing on April 1, 1958, be advertised. Such notices were accordingly advertised and from March 19, 1958, to March 31, 1958, there were eight hearings held on the proposed zoning law in various sections of the city. On April 1, 1958, City Council held its formal hearing on the Bill as advertised.

Throughout all of these hearings, Section 1401-4 of the proposed provision governing permitted uses in an "I" Institutional-Civic District read as follows: "Club, private with limited membership and social activities,

[ 399 Pa. Page 86]

    provided the major purpose is of civic nature and non-commercial."

On April 29, 1958, the Committee on Public Works, without public notice or a hearing, amended Paragraph 4 of § 1401 to read as follows: "Club, private and non-commercial, with limited membership having on the premises facilities structurally designed to provide accommodations for residential use, for sports and athletic events, or for civic or ...


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