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HART APPEAL. (03/19/63)

March 19, 1963

HART APPEAL.


Appeal, No. 24, Jan. T., 1963, from order of Court of Common Pleas of Montgomery County, No. 61-9444, in re appeal of Francis F. Hart, Marie N. Hart, his wife, George A. Robbins et al. Order affirmed.

COUNSEL

Philip R. Detwiler, for appellants.

Alan E. Boroff, with him Morris Gerber, for appellees.

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

Author: Roberts

[ 410 Pa. Page 440]

OPINION BY MR. JUSTICE ROBERTS

This is an appeal from the affirmance by the Court of Common Pleas of Montgomery County, of an order of the Zoning Board of Adjustment of Upper Dublin [Board], granting, as a special exception, permission to operate a non-commercial swim club.

Appellants are residents and taxpayers of the township and unsuccessful protestants before the Board.

[ 410 Pa. Page 441]

Appellees are the equitable owners (under an agreement of sale) and applicants for the special exception. Three public hearings were held before the Board, and after receiving and considering the testimony of appellants and protesting township residents, the Board granted the application.

The special exception permits the operation of a non-commercial swim club and related facilities on a 5.15 acre portion of a larger (9.13 acre) tract, known as the "Royal Oaks" property located in a district zoned "A" residential. The land proposed to be used is at the rear of the main building or tavern (known as Royal Oaks Tavern, Restaurant, or Inn) and abuts a portion of a public highway by-pass. Embankments along some of the by-pass border are approximately 25 feet above the premises. No homes are closer than several hundred feet from the intended swim club site.

In the operation of the swim club, it is proposed to utilize facilities already on the premises, a restaurant, club room, bath house with locker rooms, showers, snack bar, swimming pool, wading pool, and a new swimming pool 30 by 75 feet in area with an additional 25 by 25 feet diving well to be constructed.

The Royal Oaks tract has been zoned residential since the initial zoning ordinance became effective on June 20, 1939. The tavern (or restaurant) has been in operation since at least 1945. In 1952, the township granted a building permit for the construction of locker rooms and showers on the site in question. Although the application for the building permit described the use of the building as an "Inn", it was for ...


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