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JAMES K. OVERSTREET AND EVELYN OVERSTREET v. ZONING HEARING BOARD SCHUYLKILL TOWNSHIP. SCHUYLKILL TOWNSHIP (02/22/80)

decided: February 22, 1980.

JAMES K. OVERSTREET AND EVELYN OVERSTREET
v.
ZONING HEARING BOARD OF SCHUYLKILL TOWNSHIP. SCHUYLKILL TOWNSHIP, APPELLANT. JAMES K. OVERSTREET AND EVELYN OVERSTREET, APPELLANTS V. ZONING HEARING BOARD OF SCHUYLKILL TOWNSHIP, APPELLEE



Appeals from the Order of the Court of Common Pleas of Chester County in case of James K. Overstreet and Evelyn Overstreet v. Zoning Hearing Board of Schuylkill Township, No. 162 July Term, 1970.

COUNSEL

Roger E. Legg, of Gawthrop & Greenwood for Township.

William J. C. O'Donnell, of O'Donnell and O'Donnell, with him Thomas W. Andrews for applicants.

Judges Mencer, Blatt and Craig, sitting as a panel of three. Opinion by Judge Craig. President Judge Bowman did not participate in the decision in this case. Judge DiSalle did not participate in the decision in this case.

Author: Craig

[ 49 Pa. Commw. Page 398]

These zoning cross-appeals come to us from the Court of Common Pleas of Chester County, which adopted a referee's report and denied application of the Overstreets (owners) for permission to extend their mobilehome park in Schuylkill Township.

The subject property is a roughly rectangular tract of about 15.5 acres, bisected by a minor stream trending northwest to southeast, which generally divides the northeast portion from the remainder.

In the late 1940's Clyde Kahler, an early predecessor in interest, established a mobilehome park in the westerly portion of the tract, with about 45 mobilehome spaces at the time the township enacted its

[ 49 Pa. Commw. Page 399]

    zoning ordinance in 1955. That ordinance placed the subject tract, in its entirety, within an R-3 Residential District, where a mobilehome operation was, and is, not among the permitted uses.

The present owners acquired the tract at auction in 1965 from the Yashuras, their immediate predecessors in interest. In 1969, owners requested permission to improve the easterly portion of the tract, by placing 70 mobilehome spaces there, along with grading and paving for access, and necessary utility and sanitary facilities.

Following the township zoning hearing board's denial of their request, owners appealed to common pleas court setting forth the following bases of appeal:

1. The Appellant's [sic] entire tract (the subject of the zoning application) was a nonconforming use at the time of the first ...


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