Appeal from the Order of the Court of Common Pleas of Delaware County in the case of Radnor Industries, Ltd. v. Zoning Hearing Board of Radnor Township, No. 79-17629.
Mary R. Barr, with her Douglas D. Royal, Greenwell, Porter, Smaltz and Royal, for appellant.
Eugene H. Evans, Goldberg and Evans, for appellee.
Judges Blatt, Craig and Doyle, sitting as a panel of three. Opinion by Judge Blatt.
[ 75 Pa. Commw. Page 397]
Radnor Industries, Ltd., (Radnor) appeals here from an order of the Court of Common Pleas of Delaware County which affirmed an order of the Zoning
[ 75 Pa. Commw. Page 398]
Hearing Board of Radnor Township (Board) denying Radnor's application for a variance pursuant to Section 912 of the Pennsylvania Municipalities Planning Code (MPC).*fn1 Radnor has alternatively and unsuccessfully challenged the substantive validity of the Residential (R-3) zoning of a portion of its property pursuant to Section 1004 of the MPC, 53 P.S. § 11004.
Radnor is the equitable owner of a tract of land which is zoned R-3 in its southern half and Commercial-Office (C-O) in its northern half and which has been dual-zoned since 1928. It is improved with an office building of approximately 21,000 square feet, 9,900 square feet being in the Commercial District and 11,000 square feet in the Residential District.*fn2 There are presently 60 parking spaces available, 38 of which are in the Commercial District and 22 in the Residential District.
Desiring to expand its business, Radnor made application to the Board for a variance to add 65 parking spaces and one truck unloading berth in the R-3 portion of the lot. These additions are requested in conjunction with the proposed addition of 15,400 square feet of office space in the C-O half of the lot.
The Board denied Radnor's request for a variance because "there was no proof of hardship as required for the grant of a variance" pursuant to Section 912 of the MPC, 53 P.S. § 10912. This conclusion was based on the Board's finding that:
10. The only hardship proved at the hearing was a personal ...