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EMIDIO VAGNONI v. ZONING HEARING BOARD EXETER TOWNSHIP (05/24/83)

decided: May 24, 1983.

EMIDIO VAGNONI, APPELLANT
v.
ZONING HEARING BOARD OF EXETER TOWNSHIP, APPELLEE



Appeal from the Order of the Court of Common Pleas of Berks County in the case of Emidio Vagnoni v. The Zoning Hearing Board of Exeter Township, No. 2 February, 1981.

COUNSEL

Adam B. Krafczek, Austin, Boland, Connor and Giorgi, for appellant.

Paul T. Essig, for appellee.

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

Author: Doyle

[ 74 Pa. Commw. Page 432]

Emidio Vagnoni appeals an order of the Court of Common Pleas of Berks County affirming a decision of the Exeter Township Zoning Hearing Board (Board) which denied several variances requested for two contiguous properties Vagnoni owns. We affirm.

One of the parcels in question fronts on Perkiomen Avenue (U.S. Route 422) for approximately 173 feet and is undeveloped. The other parcel lies to the rear of the first and is improved with a residential dwelling in which Vagnoni and his family live. Both parcels are zoned C-7, the designation for a shopping center, and uses permitted in the zone include retail sales of goods, prepared foods and/or services. Vagnoni proposed

[ 74 Pa. Commw. Page 433]

    to lease the parcel which abuts Perkiomen Avenue for development of a Roy Rogers fast food, family restaurant.

The proposed size, shape and placement of the developer's building on the front lot required variances from the provisions of the Exeter Township Zoning Ordinance as follows:

(1) Reduction in minimum lot width from 400 feet to 173-188 feet.

(2) Reduction in open area from 15% to 9%

(3) Increase in the maximum paved area from ...


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