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JACKSON v. YORK CITY ZONING BOARD (05/01/72)

decided: May 1, 1972.

JACKSON, ET AL.
v.
YORK CITY ZONING BOARD



Appeal from the Order of the Court of Common Pleas of York County in case of In Re: Appeal of Rachel Jackson and John H. Jackson, No. 780 August Term, 1971.

COUNSEL

Allen H. Smith, for appellant.

Jay V. Yost, Assistant City Solicitor, for appellee.

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

Author: Kramer

[ 5 Pa. Commw. Page 271]

This is an appeal from an Opinion and Order, dated December 14, 1971, of the Court of Common Pleas of York County, affirming an adjudication of the York City Zoning Board of Adjustment (Board). Rachel

[ 5 Pa. Commw. Page 272]

    and John H. Jackson (appellants) filed an application with the Zoning Officer of York City requesting issuance of a building permit to "alter" an existing two-car frame garage for use as a "beauty salon." The garage is located to the rear of appellants' residence. The Zoning Officer denied the request and upon appeal to the York City Zoning Board, the action of the Zoning Officer was sustained.

The record discloses that the property is located within an R-3 Zoning District, wherein commercial usages, such as that of a beauty salon, are prohibited. The garage fronts upon an alley sixteen feet in width and in which parking is permitted on only one side. The Zoning Ordinance of the City of York provides for "beauty or similar shop" usage in its C-1 Commercial District. The appellants' garage has been used for the parking of automobiles and for the storage of a boat to the time the application was made.

Section 1113 of the Ordinance provides the procedures for special exception and variance applications.

Section 1401 of the Ordinance provides:

"Powers. The Board of Adjustment shall have the following powers: . . .

"3. To authorize upon requests for adjustment in specific cases such variance from the terms of this Ordinance as will not be contrary to the public interest where owing to special conditions, a literal enforcement of the provisions of this Ordinance will result in unnecessary hardships, so that the ...


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