Appeal from the Order of the Court of Common Pleas of Chester County in case of West Bradford Township v. Hanson M. Evans, Jr. and Mary C. Evans, his wife; and the Zoning Hearing Board of West Bradford Township, No. 136 October Term, 1975.
Patrick C. O'Donnell, with him John E. Good, for appellant.
John S. Halsted, with him Gawthrop & Greenwood, for appellees.
Judges Wilkinson, Jr., Blatt and DiSalle, sitting as a panel of three. Opinion by Judge Wilkinson, Jr.
[ 35 Pa. Commw. Page 168]
West Bradford Township (Township) appeals to this Court from a decision of the Court of Common Pleas of Chester County which affirmed the Township Zoning Hearing Board's (Board) decision to grant a variance to the appellees. We affirm.
Appellees own two tracts of land in the Township village known as Marshallton. These tracts are located in a commercial district possessing a one acre minimum lot size requirement. Lot number one encompasses between five and six acres of land, and has
[ 35 Pa. Commw. Page 169]
on it a house and a barn. Appellees reside on this tract of land. Lot number two, which contains .847 acres, has on it a duplex dwelling, a garage and a swimming pool. Lot number two is "L-shaped," with a narrow frontage and a rear yard which widens out and runs the width of two other lots, numbers three and four, located to the east of lot number two. The rear yard of lot number two abuts on the rear portion of the west side of lot number one. Lots three and four separate the front portions of lot number one and lot number two.
Appellees went before the Township Board of Supervisors to ask for permission to subdivide lot number two into two smaller lots. One of these smaller lots would contain .5 acres and would include the duplex, the garage and the swimming pool. The other lot would contain .347 acres, and would be completely open space. Appellees wanted to retain the .347 acre tract, while remaining free to convey the .5 acre tract. The Supervisors denied the requested subdivision, due mainly to possible sewage problems arising from the lack of public sewage.
The appellees then went before the Board to request a variance, and a hearing was held. The record developed at the hearing demonstrates that appellees desire to retain as open space the .347 acre tract, which is the portion of lot number two which adjoins lot number one. Appellees currently use this portion of lot number two for a garden. Appellees informed the Board that they would be willing to refrain from building on the .347 acre tract, and further that they would be willing to burden this tract with a sewage easement in favor of the .5 acre tract. Based on this record, the Board granted the requested variance, but expressly incorporated into the grant a number of conditions, including a restriction against building on the .347 acre tract without prior approval from the
[ 35 Pa. Commw. Page 170]
Board or its successor, and also requiring that the .347 acre tract be burdened with a sewage easement in favor of the .5 acre tract until such ...