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FOODARAMA'S ZONING APPLICATION APPEAL NEFF AND KAISERMAN (08/13/71)

decided: August 13, 1971.

FOODARAMA'S ZONING APPLICATION: APPEAL OF NEFF AND KAISERMAN


Appeal from the order of the Court of Common Pleas of Montgomery County, Civil Action, No. 70-7636 Law, in case of In re: Application of Foodarama Supermarkets, Inc., for a special exception under the Plymouth Township Zoning Ordinance.

COUNSEL

Milton S. Lazaroff, with him Techner, Rubin & Shapiro, for appellants.

Arthur Lefkoe, with him Lefkoe & Beeghley, for appellee.

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

Author: Rogers

[ 3 Pa. Commw. Page 12]

We are required in this zoning case to decide the question of which of two provisions of a township zoning ordinance is controlling of the number of parking spaces necessary to be provided in the construction of a supermarket.

[ 3 Pa. Commw. Page 13]

In the year 1958, George W. Neff and Kevy K. Kaiserman, intervenors herein, acquired a parcel of land containing about nine acres in Plymouth Township, Montgomery County. The tract fronted on Germantown Pike, a principal thoroughfare of the township, for a distance of about 590 feet. In 1960, a zoning ordinance was adopted by the township supervisors which placed the frontage of intervenors' parcel of land to a depth of 200 feet in a district in which commercial uses were permitted. In 1961, the ordinance was amended so as to locate the frontage to the depth of 365 feet, comprising about four acres of land, in a district called Shopping Center,*fn1 the pertinent provisions of which are:

"ARTICLE XI. Shopping Center Districts.

"In the Shopping Center Districts the following regulations shall apply:

"Section 1100. Use Regulations: A building or combination of buildings may be erected, altered or used, and a lot may be used or occupied, for any of the following purposes, and no others:

"A. Retail Store . . .

"Section 1101. Development Requirements . . .

"F. Off-Street Parking and Loading Space Requirements:

"(1) The following regulations on off-street parking spaces and loading space requirements shall apply to Shopping Center Districts and shall be in lieu of the requirements specified in Section 1700.

"(a) The parking and loading spaces shall be physically separated from public streets.

[ 3 Pa. Commw. Page 14]

"(b) The size of a parking space for one vehicle shall consist of a rectangular area having dimensions not less than eight feet six inches (8'6") wide and eighteen feet (18') long.

"(c) Parking spaces may consist of enclosed areas such as basements, attached or detached garages, or open space parking areas including open lot, deck and roof parking areas.

"(d) The front, side and rear yards may, subject to the provisions of Paragraph B of this Section 1101, be used for parking and loading space.

"(e) The land upon which the off-street parking and loading spaces are located shall be owned or controlled by the same entity which owns or controls the land on which the principal use is located unless the conditions of Section 1701 are met or unless the Shopping Center consists of a Lot as defined in Paragraph A of Section 1103.

"(f) Required parking spaces for individual establishments need not be provided separately but may be made a component part of such space ...


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