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HENRY BERK ET AL. v. WILKINSBURG ZONING HEARING BOARD AND WILKINSBURG-PENN JOINT WATER AUTHORITY. HENRY BERK (01/16/80)

decided: January 16, 1980.

HENRY BERK ET AL.
v.
WILKINSBURG ZONING HEARING BOARD AND THE WILKINSBURG-PENN JOINT WATER AUTHORITY. HENRY BERK, JOSEPH P. WALLACE, SYLVIA MARTIN, GEORGE HETZEL, WILMA PIPER, N. C. DAVIC, JR., PAUL T. MAGAN AND MILTON W. LAMPROPLOS, APPELLANTS



Appeal from the Order of the Court of Common Pleas of Allegheny County, Civil Division in case of Henry Berk et al. v. Wilkinsburg Zoning Hearing Board and The Wilkinsburg-Penn Joint Water Authority, No. SA-580.

COUNSEL

Milton W. Lamproplos, for appellants.

Charles I. Ziegler, with him James M. McElfish, for appellee.

Judges Wilkinson, Jr., Rogers and Craig, sitting as a panel of three. Opinion by Judge Rogers. This decision was reached prior to the expiration of the term of office of Judge DiSalle.

Author: Rogers

[ 48 Pa. Commw. Page 497]

This is an appeal by eight landowners (Appellants) from an order of the Court of Common Pleas of Allegheny County affirming the decision of the Wilkinsburg Zoning Hearing Board (Board) granting permission to The Wilkinsburg-Penn Joint Water Authority (Authority) to construct an elevated water tank in the Borough of Wilkinsburg (Borough).

The Authority filed an application with the Board for a Special Permit Use, seeking allowance to replace an existing water tower on Authority property. The Authority's lot is on a street on which the appellants' homes abut. The area is zoned for low density residential development.

The Authority was required to proceed pursuant to Section 61.30 of the Borough Zoning Ordinance which provides that public utility substations or other facilities necessary to render adequate service are permitted Special Permit Uses in low density residential areas. The same Section provides that Special Permit Uses "shall be landscaped in keeping with the character of the neighborhood. . . ." Additionally, Section 70.33 of the Ordinance provides that

No special use shall be granted by the Board of Adjustment unless the Special Use:

A.1. is necessary for the public convenience,

[ 48 Pa. Commw. Page 4982]

. is so designed, located and proposed to be operated that the public health, safety and welfare will be protected;

B. will not cause substantial injury to the value of other property in the neighborhood in which ...


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