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ZONING BOARD ADJUSTMENT HANOVER TOWNSHIP v. DONALD M. KOEHLER (06/15/71)

decided: June 15, 1971.

ZONING BOARD OF ADJUSTMENT OF HANOVER TOWNSHIP, NORTHAMPTON COUNTY
v.
DONALD M. KOEHLER, ET AL.



Appeal from the order of the Court of Common Pleas, Civil Division, of Northampton County, No. 225 January Term, 1970, in case of In Re: Appeal of Donald M. Koehler et al. v. Zoning Board of Adjustment of Hanover Township, Northampton County.

COUNSEL

Thomas J. Maloney, with him Paul C. Hensel and Maloney & Goodman, for appellant.

Jackson M. Sigmon, with him Sigmon, Briody, Littner & Ross, for appellee.

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

Author: Wilkinson

[ 2 Pa. Commw. Page 261]

This is an appeal from the refusal of the Zoning Board of Adjustment of Hanover Township to grant a variance from the provisions of the zoning ordinance to permit the erection of a gasoline station on property owned by appellants and located in an M-Light Manufacturing District. A de novo hearing was held before us and from the testimony taken we make the following

Findings of Fact

1. Sometime between February 1969 and January 1970, the appellants became the owners of a 1.15 acre parcel located at the northwest corner of Route 512 and Stokes Park Road, Hanover Township, Northampton County, in accordance with the provisions of the will of Preston Koehler.

2. On January 18, 1963, the Board of Supervisors of Hanover Township adopted a zoning ordinance which, as revised, remains in effect.

3. The parcel in question is trapezoidal in shape with a frontage of 192.19 feet on the west side of Pennsylvania Route 512 and 191.75 feet on the north side of Stokes Park Road. The northern edge of the property is approximately 177.62 feet and the western edge of the property is approximately 317.11 feet in length.

4. The grade at the northeast corner of the parcel is four feet five inches below the grade at the center line of Route 512. Since the parcel abuts a superelevated curve of Route 512 at this point, the northeast corner is six and one-half feet below the grade of the western edge of Route 512.

5. It would cost approximately $16,000 to bring the depressed area to the ...


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