Appeal from the Order of the Court of Common Pleas of Chester County in case of Ralph J. Fazio and Mary G. Fazio v. East Marlborough Township, No. 201 November Term, 1972.
Randy L. Sebastian, with him William J. Gallagher, and MacElree, Harvey, Gallagher & Kean, Ltd., for appellants.
John S. Halstead, with him Gawthrop & Greenwood, for appellee.
Judges Crumlish, Jr. and Wilkinson, Jr., sitting as a panel of two. Opinion by Judge Wilkinson, Jr.
[ 32 Pa. Commw. Page 245]
This is an appeal from a decision by the Court of Common Pleas of Chester County affirming the denial of a variance or special exception by the Zoning Hearing Board (Board) of East Marlborough Township (Township).
Appellants are the owners of an 8.9 acre tract in the Township where they have grown mushrooms for sale since 1927. In 1960 the Township enacted a zoning ordinance which permitted mushroom plants to be located in the Township. Section 305 of the Township Zoning Ordinance provides in relevant part:
Special Regulations Concerning Mushroom Plants. Mushroom plants may be located in East Marlborough Township subject to the following regulations:
1. Front Yard. There shall be a front yard on each street on which a lot abuts, the depth of which shall be at least two hundred and fifty (250) feet, measured from the center line of the
[ 32 Pa. Commw. Page 246]
right of way to the nearest point of any part of the mushroom plant including the wharf.
2. Side and Back Yards. Any mushroom plant shall be located at least one hundred (100) feet from all property lines.
At the time, appellants had mushroom houses abutting Street Road which constituted a non-conforming use in that they were located 70 feet from the center line of the road. On July 11, 1972 appellants filed applications on forms captioned "special exception or variance" to construct an addition to the existing mushroom house, also 70 feet from Street Road and 136 feet from the middle of Northbrook Road and a soil shed adjacent to the new mushroom house 116 feet from the center of Northbrook Road and 140 feet from the center of Street Road. A ...