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

January 8, 1963

MARKEY, APPELLANT,
v.
ZONING BOARD OF ADJUSTMENT.



Appeal, No. 273, Jan. T., 1962, from order of Court of Common Pleas No. 6 of Philadelphia County, March T., 1961, No. 894, in case of Joseph E. Markey, Eva Schutz and Birdwood Farms' Civic Association v. Zoning Board of Adjustment. Order affirmed.

COUNSEL

Anthony J. Mazullo, Jr., with him Frank J. Montemuro, Jr., for appellants.

Levy Anderson, First Deputy City Solicitor, with him Carl K. Zucker and Matthew W. Bullock, Jr., Assistant City Solicitors, James L. Stern, Deputy City Solicitor, and David Berger, City Solicitor, for appellee.

Reuben E. Cohen, and Cohen, Shapiro and Cohen, for intervenor-appellee.

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

Author: Musmanno

[ 409 Pa. Page 431]

OPINION BY MR. JUSTICE MUSMANNO

The Northeast Convalescent Home, Inc. owns 152,400 square feet (approximately 3 1/2 acres), of land, zoned "A Residential", in the northeast section of Philadelphia where it proposes to erect a convalescent home with an area for accessory parking. It applied to the Philadelphia Zoning Board of Adjustment for appropriate certificates which in due time were granted. For ease in geographical description the land of the applicants was known as Lot No. 1 and Lot No. 2, the intention of the owners being to erect the building for the home on Lot No. 1 and to use Lot No. 2 for the accessory parking.

In issuing the certificates, the board stated: "Provided that Lot No. 2 be used for parking only and that if there is ever a deviation from this use, permit is to be revoked."

Joseph E. Markey, Eva Schutz and the Birdwood Farms' Civic Association, representing landowners occupying land in the immediate vicinity of the controverted property, opposing the granting of the certificates,

[ 409 Pa. Page 432]

    appealed from the board's decision to the Court of Common Pleas No. 6 of Philadelphia County, which affirmed the action of the board. They then appealed to this Court.

Section 14-203(3)(a) of the Philadelphia Zoning Code provides: "(a) Occupied Area. Not more than 30% of the lot area ...


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