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THOMAS BROWN AND LILLIAN R. BROWN v. ZONING HEARING BOARD UPPER DUBLIN TOWNSHIP (01/23/74)

decided: January 23, 1974.

THOMAS BROWN AND LILLIAN R. BROWN, HIS WIFE, MICHAEL KWORTNIK AND MARLENE KWORTNIK, HIS WIFE, LUTHER MILLER AND VIVIAN MILLER, HIS WIFE, A. E. FRICKER, JR. AND LORRAINE J. FRICKER, HIS WIFE, HENRY E. ZIEGLER AND HIS WIFE, WILLIAM HUTTLIN AND LYNNE HUTTLIN, HIS WIFE, APPELLANTS,
v.
ZONING HEARING BOARD OF UPPER DUBLIN TOWNSHIP, APPELLEE, AND RITA SMITH, INTERVENING APPELLEE



Appeal from the Order of the Court of Common Pleas of Montgomery County in case of Thomas Brown and Lillian R. Brown, his wife; Michael Kwortnik and Marlene Kwortnik, his wife; Luther Miller and Vivian Miller, h/w; A. E. Fricker, Jr. and Lorraine J. Fricker, his wife; Henry E. Ziegler and his wife; William Huttlin and Lynne Huttlin, his wife, v. Zoning Hearing Board of Upper Dublin Township, No. 72-1148.

COUNSEL

Catherine Gallagher Barone, for appellants.

Raymond Jenkins, for appellee.

J. Peirce Anderson, for intervenor.

Judges Crumlish, Jr., Wilkinson, Jr. and Mencer, sitting as a panel of three. Opinion by Judge Crumlish, Jr.

Author: Crumlish

[ 11 Pa. Commw. Page 583]

The Zoning Hearing Board of Upper Dublin Township granted the application of Mrs. Rita Smith which sought to change the existing nonconforming use on certain land*fn1 situated in Jarrettown, Montgomery County, to enable the premises to be operated as a restaurant with takeout food provisions (another nonconforming use). The Common Pleas Court of Montgomery County affirmed the Board.

Thomas Brown and wife (Appellants) who are owners and residents of adjoining, adjacent or contiguous premises, appeal to us. Their position is without merit.

Rita F. Smith (Applicant) has operated a business known as "The Barn" in Jarrettown for approximately seven years. "The Barn" is an eating establishment which serves pizzas, sandwiches and various snacks, with both eat-in and take-out facilities.

Applicant acquired the property, a Class "A" Residential District use, for the purpose of relocating her restaurant.

[ 11 Pa. Commw. Page 584]

The prior owners, Mr. and Mrs. George Curtis, bought the property in 1942 (prior to the adoption of any zoning laws) and through the years used the premises for a varied number of enterprises, all of which were nonconforming uses under the subsequent Upper Dublin Township Zoning Ordinance. The Curtis' had used the property as what has been described as a "general store," selling livestock, clothing, hardware, and canned goods over the counter. In 1956, the store became the Jarrettown Post Office, serving some seventy (70) families in the area.

Mr. and Mrs. Curtis also sold kerosene from a pump on the back porch, and dispensed gasoline from two pumps located in the circular driveway in front of the two story dwelling. Hanging over the pumps ...


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