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EDWARD W. HILL AND DOLORES HILL v. LOWER SAUCON TOWNSHIP ZONING HEARING BOARD AND LOWER SAUCON TOWNSHIP COUNCIL (03/01/83)

decided: March 1, 1983.

EDWARD W. HILL AND DOLORES HILL, APPELLANTS
v.
LOWER SAUCON TOWNSHIP ZONING HEARING BOARD AND LOWER SAUCON TOWNSHIP COUNCIL, APPELLEES



Appeal from the Order of the Court of Common Pleas of Northampton County in the case of Edward W. Hill and Dolores Hill, his wife v. Lower Saucon Township Zoning Hearing Board and Lower Saucon Township Council, No. 1980-C-6779.

COUNSEL

Jay Meyers, for appellants.

George A. Heitczman, for appellee, Lower Saucon Township Zoning Hearing Board.

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

Author: Williams

[ 72 Pa. Commw. Page 382]

Before us in this case is an order of the Court of Common Pleas of Northampton County dismissing the zoning appeal of Edward W. Hill and Dolores Hill, husband and wife. The Hills had appealed to the trial court from a decision of the Lower Saucon Township Zoning Hearing Board (Board) denying them a variance and other zoning relief.

Mr. and Mrs. Hill own a vacant parcel of land located in an "R-12" zoning district of Lower Saucon Township, Northampton County. Their parcel consists of about two and three-quarter acres. Mr. Hill is in the paving, excavating and landscaping business; and he desired to use their vacant property for business storage purposes. Because such a use was not a permitted one in an "R-12" district, the Hills applied to the Board for a zoning variance. By that application, they sought permission to erect a building for the storage of business materials, and to use the land for the parking of business vehicles and other equipment.

The Board held a hearing on June 16, 1980; at that time, the Hills amended their application to include a request for a special exception, and a claim of prior nonconforming use. On that same date, upon the completion of the hearing, the Board voted to deny the zoning relief sought by the Hills.

On July 7, 1980, Mr. and Mrs. Hill appealed from the Board's decision to the Court of Common Pleas. Their filed "Notice of Appeal" was, in pertinent part, as follows:

TO THE PROTHONOTARY:

Kindly file this Appeal from the decision of the Lower Saucon Township Zoning Hearing

[ 72 Pa. Commw. Page 383]

Board, Lower Saucon Township, made on ...


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