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COLEMAN v. ZONING BOARD ADJUSTMENT. (01/07/64)

THE SUPREME COURT OF PENNSYLVANIA


January 7, 1964

COLEMAN, APPELLANT,
v.
ZONING BOARD OF ADJUSTMENT.

Appeal, No. 243, Jan. T., 1963, from order of Court of Common Pleas No. 6 of Philadelphia County, June T., 1962, No. 2575, in case of Leon Coleman, individually and trading as Eureka Roofing and Heating Works, v. Zoning Board of Adjustment of City of Philadelphia. Order affirmed.

COUNSEL

Albert J. Makler, for appellant, submitted a brief.

Levy Anderson, First Deputy City Solicitor, with him Carl K. Zucker, Assistant City Solicitor, Matthew W. Bullock, Jr., Deputy City Solicitor, and Edward G. Bauer, Jr., City Solicitor, for appellee.

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

Author: Bell

[ 413 Pa. Page 104]

OPINION BY MR. CHIEF JUSTICE BELL

This is an appeal from an Order of the Court of Common Pleas No. 6 of Philadelphia County which, without taking any additional testimony, affirmed the findings and conclusions of the Zoning Board of Adjustment. The Board had denied the use permit which Coleman sought.

On October 16, 1958, Coleman, the appellant here, obtained a Use Registration Permit from the Department of Licenses and Inspections (Zoning Section) of the City of Philadelphia to use property at 4957-59 Kershaw Street for "Roofing Contractor's Office, Garage & Accessory Storage of Solvents." Since that time, appellant has actively conducted this business on his premises.

On April 6, 1962, the Department of Licenses and Inspections served on appellant*fn* a notice of violation of the Philadelphia Code of General Ordinances (Zoning). The specific violation averred in the notice was "Storage of roofing contractor's supplies without obtaining a Use Registration Permit as required by the Philadelphia Zoning Ordinance." Appellant then applied

[ 413 Pa. Page 105]

    to the Zoning Board for the required permit. At the public hearing the Board treated this as an application for a variance and denied appellant the relief sought.

We find no clear abuse of discretion or error of law by the Board of Adjustment. Valley Forge Industries Inc. Appeal, 406 Pa. 387, 177 A.2d 450; Brennen v. Zoning Board of Adjustment, 409 Pa. 376, 187 A.2d 180.

Disposition

Order affirmed.


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