Appeal from the Order of the Court of Common Pleas of Delaware County in the case of In Re: Appeal of William D. Johnston from the decision of the Borough Council of the Borough of Lansdowne, Delaware County, Pennsylvania, No. 80-19150.
Robert S. Bennett, Jr., of counsel: Trevaskis, Calhoun, Bennett & Slama, for appellant.
George S. Saulnier, for appellee.
F. D. Hennessey, Jr., for intervening appellee, The Greater Lansdowne Civic Association.
President Judge Crumlish, Jr. and Judges Rogers and MacPhail, sitting as a panel of three. Opinion by President Judge Crumlish, Jr. Judges Rogers and MacPhail concur in the result only.
[ 69 Pa. Commw. Page 221]
William D. Johnston appeals from a Delaware County Common Pleas Court order affirming the denial by the Lansdowne Borough Council (Council) of his application for subdivision approval. We affirm.
Johnston, the Lansdowne Borough Mayor, sought Council approval to subdivide his one-acre property into seven (7) attached duplex lots and submitted a preliminary subdivision plan therewith. The lot is located in an "R-3" area which, under the Lansdowne Zoning Ordinance,*fn1 does not permit attached dwellings. Both the local and county planning commissions informed Johnston that his subdivision proposal did not comply with the local zoning requirements, after which
[ 69 Pa. Commw. Page 222]
the Council denied his application. The Greater Lansdowne Civic Association intervened on the Borough's behalf when Johnston appealed to common pleas court.
Our scope of review, where the court below received no additional evidence, is limited to a determination of whether the Council committed a legal error or an abuse of discretion in its denial of the subdivision application. See Noll v. Stewart, 57 Pa. Commonwealth Ct. 559, 561-62, 427 A.2d 710, 711 (1981).
Johnston contends that the Borough, in notifying him of its decision, failed to comply with certain requirements of Section 508 of the Municipalities Planning Code, Act of July 31, 1968, P.L. 805, as amended, 53 P.S. § 10508, and, thus, that his application should be ...