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BJM URBAN DEVELOPMENT CORPORATION v. FAYETTE COUNTY ZONING HEARING BOARD (03/29/71)

decided: March 29, 1971.

BJM URBAN DEVELOPMENT CORPORATION
v.
FAYETTE COUNTY ZONING HEARING BOARD



Appeal from the order of the Court of Common Pleas of Fayette County at No. 303 March Term, 1970, Civil Action -- Law, in case of In re: Appeal from Fayette County Zoning Hearing Board, Resolution 70-5, BJM Urban Development Corporation.

COUNSEL

Fred C. Adams, with him Conrad B. Capuzzi, for appellant.

George L. Hallal, with him Joseph E. Ferens, for appellee.

President Judge Bowman, and Judges Crumlish, Jr., Kramer, Wilkinson, Jr., Manderino, Mencer, and Rogers. Opinion by Judge Wilkinson.

Author: Wilkinson

[ 1 Pa. Commw. Page 535]

BJM Urban Development Corporation filed a petition on January 27, 1970, with the Fayette County Zoning Hearing Board to grant a variance from the minimum lot size requirement for a lot designated as Lot No. 2 (block 31), of Fayette County zoning district map K7-NE3, which tract is zoned as "R-1" residential. If the variance were granted, BJM planned to construct an eight-unit townhouse structure.

On February 19, 1970, a hearing was held. The record does not show whether testimony was offered and certainly there is no transcript. The record contains a letter from one of the appellants to the Board objecting to the petition, and also contains a petition asserting the objections of many signators.

On March 9, 1970, by resolution without any findings of fact, the Board granted the variance with conditions. On March 25, 1970, an appeal was filed to the Common Pleas Court of Fayette County. A de novo hearing was held by the Common Pleas Court on June 5, 1970, at which 73 pages of typewritten testimony were offered. Thereafter, on September 2, 1970, the court filed its opinion which, after a short recitation of the history of the case, stated:

"A careful review of this testimony convinces us that the Board's action in granting this variance was proper and amply justified. Accordingly, we enter the following

Conclusions of Law

1. The action of the Fayette County Zoning Hearing Board in granting the aforementioned variance was valid and proper.

2. The decision of the Fayette County Zoning Hearing Board in granting the aforementioned ...


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