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JOSEPH L. TORAK v. BOARD ADJUSTMENT UPPER MERION TOWNSHIP (05/05/71)

decided: May 5, 1971.

JOSEPH L. TORAK, MARY LOU TORAK, HELEN BORKOWSKI AND EUGENE BORKOWSKI
v.
BOARD OF ADJUSTMENT OF UPPER MERION TOWNSHIP



Appeal from the order of the Court of Common Pleas of Montgomery County, No. 68-14928, 1969, in case of Joseph L. Torak, Mary Lou Torak, Helen Borowski and Eugene Borowski v. Upper Merion Township Board of Adjustment. Appeal transferred September 14, 1970, to the Commonwealth Court of Pennsylvania by the Supreme Court of Pennsylvania.

COUNSEL

Joseph L. Torak, with him E. William Heuser, for appellants.

James E. Meneses, with him Gregory J. Dean, for appellee.

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

Author: Per Curiam

[ 2 Pa. Commw. Page 50]

The order affirming the Board of Adjustment of Upper Merion Township in denying appellants' request for a variance is affirmed upon the opinion of Judge William W. Vogel, written for the Court of Common Pleas of Montgomery County, reported at 92 Montg. Co. L.R. 136 (1970).

Disposition

Affirmed.

[EDIT ]

Concurring Opinion by Judge Kramer:

The realty involved in this case is an island completely surrounded by the asphalt and concrete of roads, one of which is the Pennsylvania Turnpike. The only building on this one and one-third acre plot is occupied by appellants' restaurant business, which covers about five per cent of the total land area. The remainder is used for parking and other restaurant purposes.

According to the record, the only property owner who could be affected adversely by the granting of the full variance requested would be the neighboring country club, insofar as it too may operate restaurant facilities.

I find the record devoid of any explanation as to the reasons for which the realty in question ...


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