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TOWNSHIP HAVERFORD v. ZONING HEARING BOARD HAVERFORD TOWNSHIP ET AL. JOSEPH J. BURROWES (12/09/80)

decided: December 9, 1980.

TOWNSHIP OF HAVERFORD
v.
ZONING HEARING BOARD OF HAVERFORD TOWNSHIP ET AL. JOSEPH J. BURROWES, HELEN BURROWES, I. HOWARD CARSON, GERALDINE CARSON, JOSEPH G. MELVIN AND VIRGINIA MELVIN, APPELLANTS



Appeal from the Order of the Court of Common Pleas of Delaware County in case of Township of Haverford v. Zoning Hearing Board of Haverford Township and Delchester Development Co. and Joseph J. Burrowes and Helen Burrowes, I. Howard Carson, D.D.S. and Geraldine Carson, Joseph G. Melvin and Virginia Melvin, Intervening Appellants, No. 79-4704.

COUNSEL

John T. Mulligan, Lord & Mulligan, for appellants.

Harry F. Dunn, Jr., Class, Saulnier, Dunn, Abel and Miller, for appellee.

Judges Blatt, Craig and Williams, Jr., sitting as a panel of three. Opinion by Judge Craig.

Author: Craig

[ 55 Pa. Commw. Page 210]

Appellants, as objectors, bring this case from the Court of Common Pleas of Delaware County, which affirmed the action of the Zoning Hearing Board of

[ 55 Pa. Commw. Page 211]

Haverford Township (board) granting variances to Delchester Development Company.

The subject property is a tract of about 1.5 acres located on Township Line Road in Haverford Township; the R-4 zoning classification permits only single-family dwellings. A sewer easement crosses the western part of the tract, which portion slopes rather steeply to a stream which traverses the property. Because of the limited capacity of the conduit through which the stream flows under Township Line Road, parts of the property flood periodically.

Considering the property unsuitable for development conforming to the R-4 zoning classification, Delchester applied for a variance to permit the use of the property for the development of a medical office building. Delchester also sought variances with respect to off-street parking requirements, in terms of both quantitative and spatial location criteria of the zoning ordinance.*fn1

Over objectors' protests, the board granted the requested variances, subject to certain conditions unrelated to the issues here.

[ 55 Pa. Commw. Page 212]

Because the common pleas court affirmed the board without taking new evidence, our review is to determine whether the board abused its discretion, committed errors of law, or made findings unsupported by substantial evidence in the record. McCarron v. Zoning Hearing Board of the ...


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