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MILL-BRIDGE REALTY v. ZONING BOARD ADJUSTMENT AND AMISH-DUTCH INNS (01/17/72)

decided: January 17, 1972.

MILL-BRIDGE REALTY, INC.
v.
ZONING BOARD OF ADJUSTMENT AND AMISH-DUTCH INNS, INC., ADDITIONAL PARTY



Appeal from the Order of the Court of Common Pleas of York County, in case of Mill-Bridge Realty, Inc., v. Manchester Township Zoning Board of Adjustment, No. 190 May Term, 1970.

COUNSEL

Peter J. Mangan, with him Markowitz, Kagen & Griffith, for appellant.

Wayde P. Seidensticker, for appellee.

Edward C. Roberts, with him Kain, Brown & Roberts, for additional party.

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

Author: Bowman

[ 4 Pa. Commw. Page 158]

The appeal involves the propriety of the granting of two special exceptions by the Board of Adjustment of

[ 4 Pa. Commw. Page 159]

Manchester Township for the construction of a motel and restaurant complex and the statutory duty of that Board to support its grant with findings of fact and conclusions of law.

Amish-Dutch Inns, Inc., intervening appellee here, submitted plans with its application to the Board which requested a use permitted only by special exception and height variations permitted only by separate special exception. The proposed use as a motel and restaurant, in the I-Industrial District where the subject property is located, is not here challenged but rather it is the proposed exception to the township height limitations which generated this appeal.

The applicant wants to build a multi-story motel facility which will have an above-ground height of 105 feet and a maximum of nine stories in one section. The "Building Height Limit" contained in Section 703(1) of the township zoning ordinance stipulates: "No building shall exceed three stories in height, or 35 feet, unless authorized as a special exception." [Emphasis ours] After complying with the procedural requirements of notice and hearing, the Board rendered a decision granting the requested special exceptions as to use and height, attaching three conditions to the grant relating to the engineering feasibility of the structure, provisions for ground water drainage of the land, and the requirement that the facility be attached to existing public water and sewer lines.

From that decision, Mill-Bridge Realty, Inc., the owner of an adjacent Howard Johnson's motel facility and a protestant before the Board, filed an appeal in the Court of Common Pleas of York County which sustained the decision of the local Board ...


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