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DAVID DEWALD v. BOARD ADJUSTMENT (06/12/74)

decided: June 12, 1974.

DAVID DEWALD, JR. AND HELEN DEWALD, APPELLANTS,
v.
BOARD OF ADJUSTMENT, CITY OF PITTSBURGH, APPELLEE



Appeal from the Order of the Court of Common Pleas of Allegheny County in case of In Re: Appeal of David Dewald, Jr., and Helen Dewald, his wife, from the Board of Adjustment of the City of Pittsburgh, No. SA 93 of 1970.

COUNSEL

David W. Craig, with him Robert N. Hackett and Baskin, Boreman, Wilner, Sachs, Gondelman & Craig, for appellants.

D. R. Pellegrini, Assistant City Solicitor, with him Ralph Lynch, Jr., City Solicitor, for appellee.

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

Author: Wilkinson

[ 13 Pa. Commw. Page 304]

The issue in this zoning case is whether the appellants, owners of property in a wooded section of Pittsburgh, are entitled to a variance to operate a trailer park. Appellants' property is located in two zoning districts. Part of the property is within an "S" -- Special District in which trailer parks are allowed as a conditional use. The testimony shows that appellants filed for a conditional use, but later withdrew the application. The other part of the property is within an "R 1" Residential District in which trailer parks are not permitted.

In 1961, appellants applied for and received eight building permits for house trailers to be placed on individual lots in the R-1 District. Appellants at this time

[ 13 Pa. Commw. Page 305]

    also applied for and received from the City of Pittsburgh two sewer accessibility permits for the eight house trailers. In 1966, appellants received two health certificates from the Allegheny County Health Department for the operation of "trailer & trailer courts 17" and of "trailer & trailer courts 5." In 1967, the county health certificate gave approval of "trailer & trailer courts 25." In 1968, the certificate stated "trailer & trailer courts 29." During this entire period, appellants spent approximately $31,000 for water, sewage, and electric facilities and for the paving of streets and sidewalks.

On February 15, 1968, the City of Pittsburgh directed appellants to remove all trailers until permits were obtained for their use.*fn1 Applications for the necessary permits were made and refused. Appellants applied for a variance to operate a trailer park. A hearing of the Zoning Board of Adjustment was held and on January 9, 1970, the Board ruled that "the continuation of existing trailer park is detrimental to adjacent properties and that it would not be an undue hardship on the appellant to be denied same."

Without hearing additional evidence, the lower court dismissed the appeal. This appeal followed.

In this application for a variance, where the court below took no additional testimony, review by this Court is limited to a determination of whether the Zoning Board committed an abuse of discretion or an error of law. Filanowski v. Zoning Board of Adjustment, 439 Pa. 360, 266 A.2d 670 (1970); Campbell v. Zoning ...


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