Appeal from the Order of the Court of Common Pleas of Bucks County in case of In Re: Appeal of Forrest R. Gable and Gloria J. Gable, husband and wife, from the Springfield Township Zoning Hearing Board, No. 72-11223-08-6.
Samuel A. Litzenberger, for appellants.
Victor S. Jaczun, for appellee.
President Judge Bowman and Judges Crumlish, Jr., Wilkinson, Jr., Mencer, Rogers and Blatt. Judge Kramer did not participate. President Judge Bowman and Judges Crumlish, Jr., Kramer, Wilkinson, Jr., Mencer, Rogers and Blatt. Opinion by Judge Rogers.
[ 18 Pa. Commw. Page 382]
This is the appeal of Forrest R. Gable and Gloria J. Gable, his wife, from an order of the Court of Common
[ 18 Pa. Commw. Page 383]
Pleas of Bucks County, affirming the decision of the Springfield Township Zoning Hearing Board denying the appellants' application for a variance and dismissing their appeal from a zoning officer's refusal to issue permits for the construction of apartment houses in a single-family dwelling zoning district.
The court below not having received additional evidence, our review is limited to determining whether the Zoning Hearing Board abused its discretion or committed an error of law. Township of Abington v. Rocks Associates, Inc., 11 Pa. Commonwealth Ct. 95, 312 A.2d 98 (1973).
The facts which it is necessary to detail are as follows: Mr. and Mrs. Gable purchased the land which is the subject of this litigation in July of 1965. Their tract contains approximately 21 1/2 acres, of which about 9 1/2 acres is located in Springfield Township, Bucks County, and the remainder in Lower Saucon Township, Northampton County. They constructed a four-unit apartment house in 1967 which, except for a corner of the building, is located entirely in Lower Saucon Township, Northampton County.
On or about July 29, 1968, the Gables filed with the Bucks County Planning Commission and the municipal authorities of Springfield Township a preliminary plan or plat of subdivision of the 9 1/2 acres of their land located in Springfield Township, on which plan were plotted about 15 four-unit apartment houses. On August 8, 1968, the Bucks County Planning Commission deferred action on the plan. On January 31, 1969, the Springfield Township Planning Commission recommended its approval.
In April 1969, the Gables renewed their application for approval of the plan to the Bucks County Planning Commission, this time as a final plan. It is not clear what, if any, changes of the original plan were made between July ...