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COOPER v. BOARD ADJUSTMENT. (11/12/63)

November 12, 1963

COOPER, APPELLANT,
v.
BOARD OF ADJUSTMENT.



Appeal, No. 208, March T., 1963, from order of County Court of Allegheny County, No. A5 of 1963, in case of Mel C. Cooper v. The Board of Adjustment of the Borough of Brentwood. Order affirmed.

COUNSEL

Joseph I. Lewis, for appellant.

David Stahl, with him Charles H. Bracken, Audrey O. Bracken, and Wilner, Wilner & Kuhn, for appellee.

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

Author: Jones

[ 412 Pa. Page 430]

OPINION BY MR. JUSTICE BENJAMIN R. JONES

This is an appeal in a zoning case from an order of the County Court of Allegheny County which, after the taking of additional testimony upon an appeal from an order of the Board of Adjustment of Brentwood Borough (Bretwood), refused the requested grant of a variance.

In 1961, Mel C. Cooper (Cooper), purchased a 2 1/2 acre tract of unimproved land in Brentwood Borough, Allegheny County. For eight years prior to Cooper's acquisition thereof, this land had been zoned as a "B" residential district, a district wherein only single or

[ 412 Pa. Page 431]

    two family dwellings were permitted.*fn1 On three sides of this land - to the north, east and west - was this same "B" residential district wherein single and two family dwellings were erected and on the south of this land was a multiple family apartment district.

Approximately 60% of this land, constituting the northern portion thereof, is fairly level; the southern portion of the land, approximately 40% thereof, slopes downward toward a hollow which abuts on the multiple family apartment district. The entire tract lies in a valley the approach to which from the east and the west is by streets which slope downward toward the land at fairly sharp grades. According to Cooper, only 60% of the acreage can be built upon for single and double dwelling occupancy because existing sewers are 60-70 feet above the hollow on the south end of the land, the property to the south is "completely sewerlocked", and, if this portion of the land were to be filled, it could not be drained nor could lateral support be furnished.

Cooper wants to erect on this tract of land a 48 bed nursing home which would occupy approximately 1/2 acre of the entire tract and, to that end, requested the zoning and building committee of the Borough Council for a permit. Upon being refused such permit, Cooper appealed to the Board which, after a hearing, refused to permit the construction of the nursing home. On appeal to the County Court, the record of what transpired before the Board and additional ...


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