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MARTIN M. BERGER ET AL. v. ZONING HEARING BOARD CHELTENHAM TOWNSHIP AND BARRY MOYERMAN. BARRY MOYERMAN (10/29/80)

decided: October 29, 1980.

MARTIN M. BERGER ET AL.
v.
ZONING HEARING BOARD OF CHELTENHAM TOWNSHIP AND BARRY MOYERMAN. BARRY MOYERMAN, APPELLANT. THE TOWNSHIP OF CHELTENHAM V. ZONING HEARING BOARD OF CHELTENHAM TOWNSHIP AND BARRY MOYERMAN. BARRY MOYERMAN, APPELLANT



Appeals from the Order of the Court of Common Pleas of Montgomery County in cases of In Re: Appeal of Barry Moyerman. Martin M. Berger, et al., Township of Cheltenham v. Zoning Hearing Board of Cheltenham Township and Barry Moyerman, No. 78-14107 and No. 78-14386.

COUNSEL

Joan B. Stuart, Wilson, Oehrle, Drayer & Furber, for appellant.

Gilbert P. High, Jr., for appellee.

President Judge Crumlish and Judges Craig and Williams, Jr., sitting as a panel of three. Opinion by Judge Williams, Jr. Judge Blatt concurs in the result only.

Author: Williams

[ 54 Pa. Commw. Page 407]

This appeal is from an order of the Court of Common Pleas of Montgomery County that reversed the grant of a zoning variance to property owner Barry Moyerman, the instant appellant.

Appellant Moyerman is the owner of a 3.52 acre parcel of land in Cheltenham Township, Montgomery County. The appellant gained title to the property in 1976 by a deed of gift from his mother, who had succeeded to ownership on the death of the appellant's father.

In its southeasterly section the parcel abuts the cul de sac of a street named Academy Lane. The northwesterly interior quarter of the parcel connects with another street, Juniper Avenue, but only by a narrow strip of land approximately 25 feet wide and 175 feet long.

Moyerman proposed to subdivide the 3.52 acre parcel into four residential lots, ranging in size from slightly under 26,000 square feet to slightly over 29,000 square feet. According to the subdivision plan, three of the four lots would front on the cul de sac of Academy Lane. The fourth lot (Lot Four) would

[ 54 Pa. Commw. Page 408]

    have frontage on a street solely by virtue of the 25 foot wide strip extending in a southwesterly direction to Juniper Avenue.

In 1978 Moyerman applied to the township building inspector for building permits for the four proposed lots. However, the building inspector denied the application because two of the proposed lots would not have seventy feet of frontage on a street, as required by Section 602 of the Cheltenham Zoning Ordinance of 1929. One of the two frontally deficient lots was on the cul de sac of Academy Lane; and the other was Lot Four, which had only 25 feet of frontage on Juniper Avenue, and that by virtue of the narrow strip of land.

Moyerman appealed the building inspector's decision to the Zoning Hearing Board of Cheltenham Township (Board). On July 25, 1978, after a hearing, the Board granted Moyerman a variance permitting the four-lot subdivision. In so deciding the Board made ...


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