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CITY PLANNING COMMISSION CITY GREENSBURG v. THRESHOLD (02/05/74)

decided: February 5, 1974.

THE CITY PLANNING COMMISSION OF THE CITY OF GREENSBURG, PENNSYLVANIA, AND THE CITY OF GREENSBURG, APPELLANTS, AND WILLIAM R. WAUGAMAN, INTERVENING APPELLANT,
v.
THRESHOLD, INC., APPELLEE



Appeal from the Order of the Court of Common Pleas of Westmoreland County in case of Threshold, Inc., a nonprofit corporation organized and existing under and by virtue of the laws of the Commonwealth of Pennsylvania, v. The City Planning Commission of the City of Greensburg, Pennsylvania, Agency of a municipal corporation, and The City of Greensburg, a municipal corporation, No. 1071, January Term, 1972.

COUNSEL

Joseph B. Mitinger, City Solicitor, for appellants.

Thomas P. Cole, II, with him Scales and Shaw, for appellee.

President Judge Bowman and Judges Kramer, Wilkinson, Jr., Mencer, Rogers and Blatt. Judge Crumlish, Jr. did not participate. Opinion by Judge Blatt.

Author: Blatt

[ 12 Pa. Commw. Page 105]

Threshold, Inc. (Threshold), applied to the Planning Commission of the City of Greensburg (City) for a conditional use permit for the operation of a transitory living service, Threshold having been established to provide such a facility for the County mental health

[ 12 Pa. Commw. Page 106]

    and mental retardation program. After conducting several hearings, the Planning Commission voted 3-3 to recommend the proposed use to the City Council. The application for the conditional use when submitted to the City Council, however, was unanimously rejected. Threshold then appealed to the Court of Common Pleas of Westmoreland County,*fn1 which held a full hearing on the matter, made a view of the property in question and held that the application should be approved.

Section 603 of the Municipalities Planning Code, 53 P.S. ยง 10603, provides that zoning ordinances may contain: "Provisions for conditional uses to be allowed or denied by the governing body after recommendations by the planning agency, pursuant to express standards and criteria set forth in the ordinances. . . ." The City has provided certain categories of conditional uses in Section 1601 of its zoning ordinance, which are:

"1. Uses publicly operated or traditionally affected with a public interest;

"2. Uses entirely private in character, but of such an unusual nature that their operation may give rise to unique problems with respect to their impact upon neighboring property or public facilities;

"3. Developments, either public or private, consisting of a multiplicity of units or uses, controlled and ...


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