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ALEXANDER YARNALL v. DR. SAMUEL D. ALLEN (05/12/82)

decided: May 12, 1982.

ALEXANDER YARNALL, APPELLANT
v.
DR. SAMUEL D. ALLEN, JR. AND RADNOR TOWNSHIP ZONING HEARING BOARD, APPELLEES



Appeal from the Order of the Court of Common Pleas of Delaware County in case of Alexander Yarnell v. Dr. Samuel D. Allen, Jr. and Radnor Township Zoning Hearing Board, No. 812418.

COUNSEL

Henry B. Fitzpatrick, Jr., Liebert, Short, Fitzpatrick & Lavin, for appellant.

Joseph A. Damico, Jr., Petriken, Wellman, Damico & Carney, for appellee, Dr. Samuel D. Allen, Jr.

Charles B. Burr, II, for appellee, Radnor Township Zoning Hearing Board.

Judges Rogers, Craig and MacPhail, sitting as a panel of three. Opinion by Judge Craig. This decision was reached prior to the resignation of Judge Mencer.

Author: Craig

[ 66 Pa. Commw. Page 472]

Alexander Yarnell (objector) appeals from an order of the Court of Common Pleas of Delaware County which affirmed a decision by the Radnor Township Zoning Hearing Board granting a special exception for the establishment of an alcoholic rehabilitation center at a site formerly used as a junior college.

The applicant has an option to purchase the land, zoned "Institutional." The use regulations for that classification, found at Section 135-72(D) of the township's ordinance, allow:

Any institutional use similar to a use specifically permitted above, such as a museum or art gallery or an institution or home for children, the aged, the indigent or the handicapped, or a hospital (general, medical or surgical), sanatorium, medical or health center, convalescent home, nursing home or similar health facility, when authorized as a special exception by the Zoning Hearing Board, subject to the general standards prescribed in ยง 135-123. (Emphasis supplied.)

[ 66 Pa. Commw. Page 473]

Section 135-123*fn1 requires the board to determine that eight lettered "standards and criteria are met before granting" a request for a special exception or variance.

[ 66 Pa. Commw. Page 474]

After finding that the applicant's intended use of the premises was a "sanatorium," authorized by special exception, the board determined that "no proof" existed that the proposed use "would in anyway be contrary to the standards" set forth in the ordinance, or that the special exception would be detrimental to the public health, safety, morals and general welfare of the township. The board granted ...


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