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BRENNEN v. ZONING BOARD ADJUSTMENT. (01/08/63)

January 8, 1963

BRENNEN, APPELLANT,
v.
ZONING BOARD OF ADJUSTMENT.



Appeals, Nos. 92, 93 and 94, March T., 1962, from order of Court of Common Pleas of Fayette County, June T., 1959, No. 681, in case of William J. Brennen, Jane Gans Brennen, his wife, and Thomas D. Newmyer v. Zoning Board of Adjustment of City of Connellsville. Order affirmed.

COUNSEL

Herman M. Buck, with him Ray, Buck & John, for appellants.

Lewis M. D'Auria, City Solicitor, for Zoning Board of Adjustment, appellee.

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

Author: Bell

[ 409 Pa. Page 377]

OPINION BY MR. CHIEF JUSTICE BELL

The Court below affirmed the Order of the Board of Adjustment which had reversed the Planning Commission and allowed the owners of a funeral home to erect over the entrance of the home a canopy 25' X 21', which would extend on to their own parking lot. From the Court's Order, the present appeal was taken by two neighboring property owners.

We shall briefly summarize the facts:

Clyde Brooks and Maude Brooks, his wife, are the owners of property located at No. 111 East Green

[ 409 Pa. Page 378]

Street, in the City of Connellsville. In 1954 this property and the surrounding area were zoned residential. This property is presently occupied and used as a funeral home by Clyde Brooks and his son, Samuel C. Brooks, morticians, trading as Brooks Funeral Service. This use of the property is permitted as a non-conforming use.

In 1958, subsequent to the enactment of the zoning ordinance, Samuel Brooks and Maude Brooks purchased the adjoining property, No. 113 East Green Street. Prior to their purchase, this property had been used for residential purposes.

On October 13, 1958, Brooks applied for a building permit to demolish two buildings located on premises 113 East Green Street, and (a) convert premises 113 into a parking lot and (b) make a side entrance from the parking lot into the funeral home. The Planning Commission granted this permit, which included other structural changes. Brooks then changed, at a cost of approximately $11,000, the premises into a parking lot with an entrance therefrom into ...


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