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DI SANTO v. ZONING BOARD ADJUSTMENT. (03/19/63)

March 19, 1963

DI SANTO, APPELLANT,
v.
ZONING BOARD OF ADJUSTMENT.



Appeal, No. 48, Jan. T., 1963, from order of Court of Common Pleas of Montgomery County, No. 61-4736, in case of Leonard Di Santo v. Zoning Board of Adjustment of Lower Merion Township. Order affirmed.

COUNSEL

Thomas J. Burke, with him Haws & Burke, for appellant.

John E. Forsythe, Township Solicitor, with him Wright, Spencer, Manning & Sagendorph, for appellees.

Philip D. Weiss, with him Desmond J. McTighe, and Duffy, McTighe & McElhone, for intervenor-appellee.

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

Author: Eagen

[ 410 Pa. Page 332]

OPINION BY MR. JUSTICE EAGEN

This is an appeal from an order of the court below affirming the action of the Zoning Board of Adjustment of Lower Merion Township in refusing to grant a variance. No additional testimony was taken and the court decided the issue on the record developed before the board.

The facts are not in serious dispute.

Appellant is presently the owner of an unimproved piece of land located on the northwest corner of Coulter Avenue and Llanfair Road in Ardmore, Montgomery County. It has a frontage of 130 feet on Coulter Avenue, 167 feet on Llanfair Road and contains approximately 21,833 square feet. In 1955, appellant purchased the land, which at that time was improved with

[ 410 Pa. Page 333]

    a single frame dwelling house designated as 137 Coulter Avenue, and which since was condemned as a fire hazard and was demolished. It is and has consistently been classified as R-7 Residential, which under the existing zoning ordinance permits the erection of single family and two-family residences and apartments, but not buildings for commercial use.

The properties on the north side of Coulter Avenue, immediately west of the property involved, are classified Commercial. Until recent years, these properties were also classified as R-7 Residential, but an application for change of classification was granted. Appellant's request to so reclassify his property was denied, despite the fact that the Township Planning Commission at least indicated that it thought ...


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