Appeal from the Order of the Court of Common Pleas of Delaware County in case of In Re: Appeal of Robert B. Surrick from the Findings and Order of the Zoning Hearing Board of the Township of Upper Providence, Delaware County, Pennsylvania, No. 11932 of 1972.
Harry F. Dunn, Jr., with him Class, Saulnier, Dunn and Abel, and, of counsel, Jan Z. Krasnowiecki, for appellant.
John P. Trevaskis, Jr., with him Trevaskis, Doyle, Currie, Nolan and Bunting, for appellee.
John W. Nilon, Jr., with him Kassab, Cherry and Archbold, for intervenors.
President Judge Bowman and Judges Crumlish, Jr., Kramer, Wilkinson, Jr., Mencer, Rogers and Blatt. Opinion by Judge Blatt.
[ 11 Pa. Commw. Page 609]
Robert B. Surrick is the equitable owner of 12.25 acres of vacant ground in Upper Providence Township (Township), Delaware County, and the legal owner (with his wife) of an adjacent 10.5 acres.
On March 10, 1972, Surrick sought a building permit to erect 187 apartment units*fn1 on the 12.25 acres and 4 of the adjacent acres, making the subject tract
[ 11 Pa. Commw. Page 61016]
.25 acres in total, which was described by the Township's Zoning Hearing Board (Board) as follows:
"The subject tract is a level, fairly open piece of ground bounded on the East by Providence Road, on the South by Rose Tree Road, on the West by Sycamore Mills Road and on the North by the remaining 6.5 acres owned by the Appellant and his wife.
"The Media By-Pass is a depressed highway running generally parallel to Rose Tree Road and about 500 feet South of it, with entrance and exit ramps onto Providence Road.
"In the area surrounding the subject tract are single family residences on 1 acre lots or greater, except for a Sunoco Station at 100 feet South on the Southeast Corner of Rose Tree Road and Providence Road, a new Junior High School North of the 6.5 acre parcel owned by Appellant and his wife, the County Park ...