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COHEN v. PHILADELPHIA ZONING BOARD ADJUSTMENT (04/20/71)

decided: April 20, 1971.

COHEN
v.
PHILADELPHIA ZONING BOARD OF ADJUSTMENT



Appeal from the order of the Court of Common Pleas of Philadelphia County, No. 4172 July Term, 1969, in case of Jacob H. Cohen, M.D. and Miriam Cohen, his wife v. Zoning Board of Adjustment of the City of Philadelphia. Appeal transferred September 14, 1970 to the Commonwealth Court of Pennsylvania by the Supreme Court of Pennsylvania.

COUNSEL

Carl K. Zucker, Deputy City Solicitor, with him Matthew W. Bullock, Jr., First Deputy City Solicitor, and Levy Anderson, City Solicitor, for appellant.

Martin M. Krimsky, with him Kremer, Krimsky & Luterman, for appellee.

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

Author: Bowman

[ 3 Pa. Commw. Page 51]

This appeal follows a decision of the Court of Common Pleas of Philadelphia County reversing a decision of the Zoning Board of Adjustment. The Board denied an application for a variance to construct side and rear additions to an existing single family dwelling in contravention of the requirements set forth in the Philadelphia Code. Without taking further testimony, the lower court reversed the Board's decision and ordered that the variance be granted.

The premises in question are located in a section of northeastern Philadelphia zoned "R-5" Residential. Under the Philadelphia Code provisions enumerating the permitted uses in an "R-5" district are all the uses permitted in higher residential classifications with the exception that smaller lot size and area requirements are recognized. Also, in addition to use as a single

[ 3 Pa. Commw. Page 52]

    family dwelling, occupants are permitted various accessory uses.

Dr. Jacob H. Cohen, appellee here, has occupied the premises as a single family dwelling and as a medical office for his own practice as permitted under the zoning regulations since 1954. Permitted accessory uses include:

"ยง 14-203

"(c) Office of doctors of medicine, osteopathy, dentistry, chiropractice or optometry, podiatry, minister or ...


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