Appeal from the Order of the Court of Common Pleas of Allegheny County in case of Bessie Layne v. Zoning Board of Adjustment of the City of Pittsburgh, No. SA 1239 of 1980.
E. J. Strassburger, Strassburger, McKenna, Messer, Shilobod & Gutnick, for appellant.
D. R. Pellegrini, Deputy City Solicitor, with him, Mead J. Mulvihill, Jr., City Solicitor, for appellee.
Judges Rogers, Blatt and Craig, sitting as a panel of three. Opinion by Judge Craig. Judge Palladino did not participate in the decision in this case.
[ 64 Pa. Commw. Page 259]
Bessie Layne appeals from an order of the Court of Common Pleas of Allegheny County affirming a decision of the Zoning Board of Adjustment of the City of Pittsburgh (board), which denied her application
[ 64 Pa. Commw. Page 260]
for an occupancy permit to use a building as a boarding house.
The applicant is the lessee of a two-and-one-half story, five-bedroom building which is occupied by seventeen boarders, to whom the applicant provides meals, lodging, clothes and personal care on a long-term basis. The boarders range in age from 50 to 101 years.
Under the Pittsburgh Zoning Ordinance, the building is located in the R-4 Multiple-Family Residence District, the location having been zoned for multiple-family residential use since 1923. Rooming houses and nursing homes are permitted in the R-4 zone, but boarding houses are not. Boarding houses are permitted in the C3 and C4 Commercial Districts and in the A1 Commercial-Residential Associated District.
The ordinance defines boarding houses, rooming houses and nursing homes as follows:
'Boarding house' means a building or portion thereof, other than a hotel, containing not more than one dwelling unit, if any, where meals and lodging are provided for persons not residing in the dwelling unit. . . .
'Nursing home' means a proprietary facility, licensed by the Commonwealth, for the accomodation of convalescents or chronically ill persons, in which such nursing care and medical services are prescribed by or are performed under the general direction of persons licensed to provide such care or services in accordance with Commonwealth laws. . . .
'Rooming house' means a building or portion thereof, other than an apartment hotel or a hotel, containing not more than one dwelling unit, if any, where lodging is provided without ...