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UPPER ST. CLAIR TOWNSHIP APPEAL. (09/25/62)

September 25, 1962

UPPER ST. CLAIR TOWNSHIP APPEAL.


Appeal, No. 55, March T., 1962, from order of County Court of Allegheny County, No. A. 452 of 1961, in re appeal of Nick Valicenti from decision of Board of Adjustment of Upper St. Clair Township. Order affirmed.

COUNSEL

C. Francis Fisher, with him Brenlove and Fisher, for appellant.

Howard V. Heck, with him Neely & Will, for appellee.

Before Bell, C.j., Musmanno, Jones, Cohen, Eagen and O'brien, JJ.

Author: O'brien

[ 408 Pa. Page 417]

OPINION BY MR. JUSTICE O'BRIEN

The Township of Upper St. Clair appeals from the order of the County Court of Allegheny County directing the township to issue a building permit to Nick Valicenti for the erection of a dwelling house on a lot owned by him within the township. Valicenti's application for a building permit was denied by the township's

[ 408 Pa. Page 418]

    secretary-manager for the reason that it allegedly did "not conform to [the] Township Sub-division and Zoning Ordinance". This refusal was affirmed by the township board of adjustment and, on appeal by Valicenti, the court below reversed and ordered the permit to issue, thereby giving rise to the instant appeal by the Township.

Nick Valicenti is the owner of a lot having a frontage of 100.09 feet on Orr Road in the township. He acquired this property by deed from his father and mother in 1957. His parents in turn had acquired the property as part of a larger tract in 1956. The said larger tract was conveyed to the elder Valicenti by one Beinhauer who had taken title to it in 1943, prior to the enactment of the township's zoning ordinance. The land in question is in an area known as the Trotwood Acres North Plan, an unrecorded plan, and is comprised of parts of lots 25 and 26 in said plan.

The zoning ordinance of the township, Ordinance No. 1, provides in its pertinent parts as follows: "The First Area District (District A-1) shall comprise all property laid out in the following plans of lots in said Township:" (There follows a list of plans and a reference to the plan book where the same are recorded)

"Trotwood Acres North Plan ....

"(1) In the First Area District (District A-1) the minimum area of lot required for each single family house thereon shall be the number of square feet, as designated on plans described in preceding paragraph (a) with the following exceptions, namely, any acreage within said plan, not laid out and recorded as a building lot at the time this act goes into effect and any lot in the present recorded plans with the frontage of three hundred (300) feet or more, shall comply with the requirements set ...


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