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CHARLES GOHN ET AL. v. ZONING BOARD ADJUSTMENT BOROUGH COLUMBIA (11/04/83)

COMMONWEALTH COURT OF PENNSYLVANIA


decided: November 4, 1983.

CHARLES GOHN ET AL.
v.
ZONING BOARD OF ADJUSTMENT OF THE BOROUGH OF COLUMBIA, PA. ET AL. POLLOCK COLUMBIA, APPELLANT

Appeal from the Order of the Court of Common Pleas of Lancaster County in the case of Charles Gohn, William M. Gorrecht, Amos Groon, Lewis Bachman, Paul Market, John Achhammer, Isaac Getz, Wilbur Houck, James Gable and Thomas Gable v. Zoning Board of Adjustment of the Borough of Columbia, Pennsylvania, Trust Book No. 47, Page 361.

COUNSEL

David T. Mountz, Mountz & Reinaker, for appellant.

Joanne C. Betlem, with her Lavere C. Senft, Liverant, Senft and Cohen, for appellees.

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

Author: Macphail

[ 78 Pa. Commw. Page 228]

Pollock-Columbia (Appellant) has appealed from an order of the Court of Common Pleas of Lancaster County which reversed a decision of the Zoning Board of Adjustment of the Borough of Columbia (Board) and denied Appellant's variance application.

Appellant is the lessee of a 5.6 acre tract of land which it proposes to use as a junkyard. Since junkyards are prohibited as a use in the industrial zoning district where the subject property is located, Appellant applied for a variance from the terms of the ordinance. The Board's decision granting the variance was reversed by the common pleas court, which did not take additional evidence, on the ground that the Board failed to find and Appellant failed to demonstrate, that denial of the variance would result in unnecessary hardship.

Having reviewed the briefs and record in this case, we find ourselves in agreement with the disposition by the common pleas court of the issues presented. We accordingly, will affirm on the basis of the able opinion of Judge Buckwalter, Gohn v. Zoning Board of Adjustment of the Borough of Columbia, Pa. D. & C.3d (1982).*fn1

[ 78 Pa. Commw. Page 229]

Order

The order of the Court of Common Pleas of Lancaster County, dated November 16, 1982, is hereby affirmed.

Disposition

Affirmed.


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