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RICHARD P. ADAIR v. ZONING HEARING BOARD MANHEIM BOROUGH AND BOROUGH MANHEIM (04/07/77)

decided: April 7, 1977.

RICHARD P. ADAIR, APPELLANT
v.
THE ZONING HEARING BOARD OF MANHEIM BOROUGH AND BOROUGH OF MANHEIM, APPELLEES



Appeal from the Order of the Court of Common Pleas of Lancaster County in case of Richard P. Adair v. The Zoning Hearing Board of Manheim Borough and Borough of Manheim, Trust Book 43, Page 230.

COUNSEL

Lawrence J. Keating, with him James F. Heinly, and Morgan, Hallgren & Heinly, for appellant.

W. Jeffrey Sidebottom, with him Barley, Snyder, Cooper & Barber, for appellee.

Judges Crumlish, Jr., Kramer and Rogers, sitting as a panel of three. Opinion by Judge Rogers.

Author: Rogers

[ 29 Pa. Commw. Page 517]

This is the appeal of Richard P. Adair, a landowner, from an order of the Court of Common Pleas of Lancaster County affirming the action of the Zoning Hearing Board of Manheim Borough denying his application for a variance.

In December, 1966, Adair and three neighboring landowners filed a plan of subdivision with Manheim Borough which was approved by Borough Council in January, 1967. The plan as it concerns Adair, showed a numbered lot measuring 218 feet by 112.5 feet bounded on the south by what appears to be an existing street called East Adele Avenue. Lying to the north of the numbered lot is a tract in which the following legend appears: "Remaining Lands of Richard P. Adair 0.54 acre." The plan also shows a proposed North Oak Street adjacent to and along all of the east boundary of Adair's land, both the numbered lot and

[ 29 Pa. Commw. Page 518]

    the "Remaining Lands of Richard P. Adair 0.54 acre." The width of proposed North Oak Street is shown as 35 feet; however, the bed of proposed North Oak Street is wholly within the boundaries of Adair's and fellow subdividers' lands only from its intersection with East Adele Avenue to a point 15 feet north of the northern boundary line of the numbered lot. From this point northwardly and along all except the most southerly 15 feet of the 200 feet length of Adair's "Remaining Lands" only 17 1/2 feet of the proposed North Oak Street is on Adair's land. The other 17 1/2 feet is on lands of a neighbor, not one of the subdividers, and is, moreover, in another municipality.

In September 1967, the Borough of Manheim adopted a zoning ordinance. Section 1607 of that ordinance provided, inter alia, that no dwelling might be built on a lot which did not front on a street at least 30 feet in width.

On September 11, 1968, one year after the zoning ordinance was adopted, Adair conveyed to one Clinton L. Hoffman the numbered lot above mentioned and in addition the southerly portion of his "Remaining Lands" measuring 39 feet in the north-south dimension. The east side of the land left in Adair's ownership after this conveyance fronted entirely on that portion of proposed North Oak Street, which had only 17 1/2 feet of its proposed width on Adair's land and in the Borough of Manheim. The southern boundary of the lot is about 25 feet north from the northernmost point where the entire 35 feet of the proposed width of North Oak Street is on Adair's land and in the Borough of Manheim.

In 1975 Adair applied to the authorities of Manheim Borough for a permit to build a dwelling house on the remainder of his land just described. His application was refused by the zoning officer whose ...


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