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RICHARD WENGERT v. ZONING HEARING BOARD UPPER MERION TOWNSHIP. UPPER MERION TOWNSHIP (04/29/80)

decided: April 29, 1980.

RICHARD WENGERT
v.
ZONING HEARING BOARD OF UPPER MERION TOWNSHIP. UPPER MERION TOWNSHIP, APPELLANT



Appeal from the Order of the Court of Common Pleas of Montgomery County in case of Richard Wengert v. Zoning Hearing Board of Upper Merion Township, No. 76-19836.

COUNSEL

Gregory J. Dean, of Meneses & Dean, for appellant.

Lois Reznick, with her George J. Miller, Dechert, Price & Rhoads, for appellees.

Judges Wilkinson, Jr., Mencer and Rogers, sitting as a panel of three. Opinion by Judge Wilkinson, Jr.

Author: Wilkinson

[ 51 Pa. Commw. Page 80]

This zoning appeal involves the question of whether a foster home for troubled adolescents who are referred by the courts, limited to six foster children,*fn1 attended by two foster parents and one or more assistants, can qualify as a permitted use in a R-2 residential district as a single family residential use. The zoning ordinance defines single family detached dwelling, family and dwelling as follows:

Dwelling, Single-Family Detached -- A building designed for and occupied exclusively as a residence for only one family and having no party wall in common with an adjacent building.

Family -- Any number of individuals living together as a single non-profit housekeeping unit and doing their cooking on the premises, excluding, however, occupants of a club, fraternity house, lodge, residential club or rooming house.

Dwelling -- A building designed for and occupied exclusively for residence purposes, excluding

[ 51 Pa. Commw. Page 81]

    hotel, rooming house, tourist home, institutional home, residential club, motor lodge, and the like.

The matter arose on a request for a special exception. The Zoning Hearing Board (Board) denied the request. On appeal, the court of common pleas remanded the case to the Board, reserving judgment on the question of a special exception and directing it to consider whether this was a permitted use. The Board decided it ...


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