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HIPWELL MANUFACTURING COMPANY v. ZONING BOARD ADJUSTMENT CITY PITTSBURGH (11/18/82)

decided: November 18, 1982.

HIPWELL MANUFACTURING COMPANY, APPELLANT
v.
THE ZONING BOARD OF ADJUSTMENT OF THE CITY OF PITTSBURGH, TOM MISTICK AND SONS, INC. AND ALLEGHENY WEST CIVIC COUNCIL, APPELLEES



Appeal from the Order of the Court of Common Pleas of Allegheny County in case of Hipwell Manufacturing Company v. The Zoning Board of Adjustment of the City of Pittsburgh and Tom Mistick and Sons, Inc., Intervenor, No. SA663 of 1981.

COUNSEL

John H. Bingler, Jr., with him Sheryl L. Anderson, Thorp, Reed & Armstrong, for appellant.

D. R. Pellegrini, for appellee, Zoning Board of The City of Pittsburgh.

David M. Priselac, for appellee, Tom Mistick & Sons, Inc.

Frederick R. Nene, for appellee, Allegheny West Civic Council.

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

Author: Craig

[ 70 Pa. Commw. Page 84]

This zoning appeal involves the classic variance issue: Where a zoning board has granted area and yard variances with respect to a permissible multiple-dwelling use, are the variances supported by record evidence demonstrating any unique circumstances of the property which would result in hardship -- unusability of the property -- if the variances were not granted?

As well summarized by the common pleas court opinion, the landowner's property on Beech Avenue in the Allegheny West neighborhood of Pittsburgh has a width of ninety-two feet and a length of one hundred feet. It is in a district zoned R-4 where the permitted uses include one-family dwellings, two-family dwellings, certain types of row dwellings and multiple-family dwellings. The neighborhood has been classified in the federal register of historic places as the

[ 70 Pa. Commw. Page 85]

"Allegheny West Historic District" but is not subject to any historic district zoning under local ordinance or state law.

The landowner has proposed to erect a multiple dwelling containing units for ten families, two and three stories in height, 82 feet long by 48.6 feet wide, with 10 off-street parking spaces.

On appeal to it, the Pittsburgh Zoning Board of Adjustment granted the following variances:

Reduction of minimum lot area per family: 9,200 square feet per family instead of 10,000 ...


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