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JOHN PENROSE v. PHILADELPHIA ZONING BOARD ADJUSTMENT (05/19/76)

decided: May 19, 1976.

JOHN PENROSE, APPELLANT
v.
PHILADELPHIA ZONING BOARD OF ADJUSTMENT, APPELLEE, AND CHILDREN'S AID SOCIETY OF PENNSYLVANIA, INTERVENING APPELLEE



Appeal from the Order of the Court of Common Pleas of Philadelphia County in case of John Penrose v. Zoning Board of Adjustment, No. 229 August Term, 1973.

COUNSEL

A. Martin Herring, with him, of counsel, Teitelman, Sagot, Herring, Jennings & Luber, for appellant.

Barbara S. Gilbert, Deputy City Solicitor, with her Raymond Kitty, Deputy City Solicitor, and Sheldon L. Albert, City Solicitor, for appellee.

Peter M. Mattoon, with him Vincent Hatton, and, of counsel, Ballard, Spahr, Andrews & Ingersoll, for intervening appellee.

Judges Kramer, Wilkinson, Jr., and Blatt, sitting as a panel of three. Opinion by Judge Wilkinson. Judge Kramer did not participate in the decision in this case.

Author: Wilkinson

[ 24 Pa. Commw. Page 527]

This is an appeal from an order of the Court of Common Pleas of Philadelphia County which summarily affirmed a decision by the Philadelphia Zoning Board of Adjustment (Board) granting the Children's Aid Society of Pennsylvania (Society) a certificate and variance to use certain premises as a foster home and accessory administrative offices.*fn1 Since the court did not take additional evidence, our scope of review is limited to a determination whether the Board abused its discretion or committed an error of law. Pollock v. Zoning Board of Adjustment, 20 Pa. Commonwealth Ct. 641, 342 A.2d 815 (1975).

On April 11, 1973, the Society applied to the Philadelphia Department of Licenses and Inspections (L & I) for a zoning permit to utilize a three-story stone dwelling located in an R-2 residential district in Germantown as a group foster home for ten children and four supervising adults, and a rear semi-detached garage with a second floor apartment as accessory administrative offices. The garage is not attached to the stone dwelling but shares a common party wall with an adjacent residence. L & I referred the application to use the dwelling as a foster home to the Board on the basis that such use required a Board certificate, and refused the use of the garage as accessory offices on the ground that such use was not permitted in an R-2 district. The Society appealed to the Board.

[ 24 Pa. Commw. Page 528]

FOSTER HOME

Pursuant to Section 14-203(2)(b) of the Philadelphia Code (Code), the Board granted the Society a certificate allowing the use of the stone dwelling as a group foster home. Section 14-203(2)(b) provides:

"(2) The following non-residential uses shall be permitted [in an R-2 residential district] only if a Board of Adjustment certificate is obtained and provided that they are ...


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