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RONALD J. KERN AND JOY C. KERN v. ZONING HEARING BOARD TOWNSHIP TREDYFFRIN AND BOARD SUPERVISORS TOWNSHIP TREDYFFRIN. BOARD SUPERVISORS TREDYFFRIN TOWNSHIP (08/24/82)

decided: August 24, 1982.

RONALD J. KERN AND JOY C. KERN, HIS WIFE, AND JOLLY DAY CARE CENTER AND NURSERY SCHOOL, INC.
v.
ZONING HEARING BOARD OF THE TOWNSHIP OF TREDYFFRIN AND THE BOARD OF SUPERVISORS OF THE TOWNSHIP OF TREDYFFRIN. THE BOARD OF SUPERVISORS OF TREDYFFRIN TOWNSHIP, APPELLANT



Appeal from the Order of the Court of Common Pleas of Chester County in case of Ronald J. Kern and Joy C. Kern, his wife, and Jolly Day Care Center and Nursery School, Inc. v. Zoning Hearing Board of the Township of Tredyffrin and the Board of Supervisors of the Township of Tredyffrin, No. 292 October Term, 1980.

COUNSEL

William H. Lamb, Lamb, Windle & McErlane, P.C., for appellant.

Harry F. Dunn, Jr., Dunn and Miller, for appellees.

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

Author: Craig

[ 68 Pa. Commw. Page 397]

The Board of Supervisors of Tredyffrin Township (township) appeals an order of the Court of Common Pleas of Chester County reversing the decision of the township zoning hearing board (board) which denied Ronald and Joy Kern's application for a special exception.

The Kerns are equitable owners of a lot and large house located at the intersection of Old Eagle School and Crestline roads in Tredyffrin Township. Under the township's zoning ordinance, the property is in the R-1 residential district. The Kerns applied for a special exception to use the property for a nursery

[ 68 Pa. Commw. Page 398]

    school and day care center,*fn1 uses permitted by special exception in the R-1 district.*fn2

Old Eagle School Road (Old Eagle School) is a heavily trafficked state highway which runs north and south. Crestline Road (Crestline) is, for the most

[ 68 Pa. Commw. Page 399]

    part, a lightly traveled local residential road, which terminates at its intersection with Old Eagle School.*fn3 Parking facilities for Amtrak's Strafford passenger station are located on the south corner of the intersection, directly across Crestline from the Kerns' proposed school site. Crestline provides access to the Amtrak parking.

At the board's hearing, the Kerns testified that the proposed school would have approximately seventy-five students*fn4 and fifteen staff members and would be open from 7:30 a.m. to 6:00 p.m. The Kerns presented the testimony of a traffic expert, who opined that the existing road system could accommodate the ...


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