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CAMARON APARTMENTS v. ZONING BOARD ADJUSTMENT CITY PHILADELPHIA (08/12/74)

decided: August 12, 1974.

CAMARON APARTMENTS, INC., APPELLANT,
v.
ZONING BOARD OF ADJUSTMENT OF THE CITY OF PHILADELPHIA, APPELLEE



Appeal from the Order of the Court of Common Pleas of Philadelphia County in case of Camaron Apartments, Inc. v. Zoning Board of Adjustment, No. 1948 April Term, 1968.

COUNSEL

Irvin Stander, for appellant.

Barbara S. Gilbert, Assistant City Solicitor, with her John Mattioni, Deputy City Solicitor, and Martin Weinberg, City Solicitor, for appellee.

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

Author: Blatt

[ 14 Pa. Commw. Page 572]

Camaron Apartments, Inc. (appellant) has appealed from the lower court's order denying its application

[ 14 Pa. Commw. Page 573]

    for a variance, which order had affirmed a denial of the variance by the Zoning Board of Adjustment (Board). When the apartment building concerned was constructed in 1957, the Department of Licenses and Inspection (Department) had issued a building permit for the erection of a 40-unit dwelling with accessory parking, which at that time was a permitted use under the zoning code. The code was subsequently changed, however, in 1962 so as to prohibit all multifamily dwellings in the area where the building was erected.

For some reason not indicated in the record, the building was actually constructed with 42 units. When an investigation by the Department in 1964 revealed the existence of the 42 units, the owner was informed, and it was then that relief by variance was first sought from the Zoning Board of Adjustment. When a variance was refused, the owner appealed to the lower court, which granted a remand.

Before the remand came up for consideration before the board, the stock of the appellant corporation was acquired by the present owner, who then pursued the request for variance before the Board, and on denial there, before the court below.

Here the lower court took no additional evidence in affirming the Board, and our review is thus limited to a determination of whether or not the zoning board abused its discretion or committed an error of law. AFSO Builders, Inc. and Frank Aleardi v. The Zoning Hearing Board of the Township of Upper Darby, 12 Pa. Commonwealth Ct. 100, 314 A.2d 860 (1974). We find that it did not.

The present owner of the appellant corporation contends that "the rights here are almost similar to the rights of nonconforming rights." Admittedly, however, the two ...


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