Appeal from the Order of the Court of Common Pleas of Montgomery County in case of V.C. Finisdore, Inc. v. Township of Lower Merion Zoning Appeal, No. 75-2301.
Robert James Jackson, with him Michael R. Sweeney, and Kassab, Cherry and Archbold, for appellant.
Parker H. Wilson, with him Wilson, Oehrle & Drayer, for appellee.
President Judge Bowman and Judges Crumlish, Jr., and Wilkinson, Jr., sitting as a panel of three. Opinion by Judge Crumlish, Jr.
[ 27 Pa. Commw. Page 599]
V.C. Finisdore, Inc. (Appellant) has appealed an order of the Court of Common Pleas which affirmed the Board of Commissioners of Lower Merion Township (Commissioners) in its denial of Appellant's application for subdivision approval.
[ 27 Pa. Commw. Page 600]
Appellant owns a parcel of land situate in Lower Merion Township (Township) consisting of approximately 3.806 acres in an area zoned R-4 Residential (single-family detached dwellings on lots of not less than 6,000 square feet). The land is improved with a residence, a swimming pool and outbuildings.
On June 7, 1974, Appellant submitted a plan to subdivide the parcel into eleven lots for the construction of ten houses (a house already existed on one of the lots). The plan was subsequently revised by reducing the number of lots to eight for the proposed construction of seven additional houses. The revised plan was submitted to Commissioners at a public meeting on January 15, 1975. Commissioners denied the plan in a letter dated January 16, 1975, setting forth their reasons as follows:
"On January 15, 1975, the Board of Commissioners of the Township of Lower Merion reviewed a Lot Location Plan of the subject property dated November 27, 1974, revised to December 26, 1974 prepared by Yerkes Associates, Inc. submitted by you showing 8 lots. The Board of Commissioners denied the application for subdivision for the following reasons:
"1. Nature of the development in relation to the land.
"2. House and Road locations are not satisfactory in view of the contours ...