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ALLEGHENY WEST CIVIC COUNCIL v. ZONING BOARD ADJUSTMENT (06/03/82)

decided: June 3, 1982.

ALLEGHENY WEST CIVIC COUNCIL, INC., APPELLANT
v.
ZONING BOARD OF ADJUSTMENT, CITY OF PITTSBURGH, APPELLEE



Appeal from the Order of the Court of Common Pleas of Allegheny County in case of Allegheny West Civic Council, Inc. v. Zoning Board of Adjustment of the City of Pittsburgh v. Community College of Allegheny County, No. SA 605 of 1981.

COUNSEL

Frederick R. Nene, for appellant.

David J. Greenberg, Assistant County Solicitor, with him James H. McLean, Legal Counsel, for intervenor, Community College of Allegheny County.

No appearance for appellee.

Judges Rogers, Craig and Doyle, sitting as a panel of three. Opinion by Judge Craig.

Author: Craig

[ 67 Pa. Commw. Page 55]

Allegheny West Civic Council, Inc. appeals from an order of the Allegheny County Court of Common Pleas affirming the decision of the Zoning Board of Adjustment of the City of Pittsburgh which granted the Community College of Allegheny County (CCAC) a special exception to use an existing building for administrative office use.

CCAC recently purchased a building located in an A-1 District under the Pittsburgh Zoning Ordinance,*fn1 and containing five stories previously used as offices by the Holy Childhood Association, a charitable organization.

After the board granted CCAC's special exception request to use the building for "administrative and clerically related uses" (with three-car garage and nine parking stalls), Allegheny West appealed to the court of common pleas, which rejected its contention that occupancy could be granted only by means of a "conditional use," which requires review by the city

[ 67 Pa. Commw. Page 56]

    planning commission and approval by the city council, rather than by the zoning board.

Section 971.03 of Pittsburgh's Zoning Ordinance, which regulates permitted uses in an A-1 District, provides for (a) conditional uses, (b) uses permitted only as special exceptions, and (c) other categories not germane to this case.

Uses permitted only as special exceptions, pursuant to Section 971.03(b), include "[u]se of land and the erection, alteration or enlargement of structures for any use permitted in Section 955.02 of the C-3 district. . . ." Section 971.03(b)(3). Section 855.02 lists fifty-three classifications of uses; public educational use is not in that listing, but it does include No. 10, "Business college or ...


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