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JOHN S. CHRISTNER AND NANCY H. CHRISTNER v. ZONING BOARD BOROUGH MOUNT PLEASANT AND ANNA MAE GEARHART (01/23/79)

decided: January 23, 1979.

JOHN S. CHRISTNER AND NANCY H. CHRISTNER, APPELLANTS
v.
ZONING BOARD OF THE BOROUGH OF MOUNT PLEASANT AND ANNA MAE GEARHART, APPELLEES



Appeal from the Order of the Court of Common Pleas of Westmoreland County in case of John S. Christner and Nancy H. Christner v. Zoning Board of the Borough of Mount Pleasant, No. 2567 of 1976.

COUNSEL

Frederick A. Boehm, with him Goehring, Rutter & Boehm, for appellants.

Milton V. Munk, Jr., for appellee.

Judges Mencer, DiSalle and Craig, sitting as a panel of three. Opinion by Judge Craig.

Author: Craig

[ 40 Pa. Commw. Page 89]

This zoning case involves interpretation of the common zoning ordinance provision which affords relief to undersized lots held in separate ownership at the inception of zoning, to let them be developed for a permitted use.

Appellees are the owners of a single lot, thirty feet wide by one-hundred-twenty feet long, located in the R-2 Two-Family Residential District of Mount Pleasant Borough, Westmoreland County. On that 3,600 sq. foot lot, owners already have a one-family (four bedroom) dwelling, conforming as to use and also in conformity with a minimum lot area requirement of 3,000 square feet per family, more fully discussed below.

Owners now propose to erect on the same lot a detached garage which would also constitute another single-family dwelling because its second story is proposed to constitute a four-room dwelling unit.

As to uses permitted in the R-2 district, Section 14-2007 of the Mt. Pleasant Borough Zoning Ordinance (Ordinance) reads:

R-2 TWO-FAMILY RESIDENTIAL DISTRICT

Permitted Uses

1. Single-Family Dwellings

2. Two-Family Dwellings

3. Public & Parochial Schools

4. Public Parks & ...


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