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WILLIAM PAGE v. ZONING HEARING BOARD WALKER TOWNSHIP ET AL. TOWNSHIP WALKER (03/06/84)

decided: March 6, 1984.

WILLIAM PAGE
v.
ZONING HEARING BOARD OF WALKER TOWNSHIP ET AL. TOWNSHIP OF WALKER, APPELLANT



Appeal from the Order of the Court of Common Pleas of Centre County in case of William Page v. Zoning Hearing Board of Walker Township, and Township of Walker, No. 2762 of 1982.

COUNSEL

H. Amos Goodall, Jr., Miller, Kistler & Campbell, Inc., for appellant.

Robert Bruce Manchester, for appellant, Amicus Curiae, Walker Township.

Roy K. Lisko, Delafield, Lisko & McGee, for appellee, Zoning Hearing Board of Walker Township.

Judges Craig, Doyle and Colins, sitting as a panel of three. Opinion by Judge Craig. Judge Doyle dissents.

Author: Craig

[ 80 Pa. Commw. Page 590]

The Township of Walker, intervenor in the trial court, has filed an appeal in this zoning case from the order of the Court of Common Pleas of Centre County which, reversing a zoning hearing board denial, granted landowner Page's request for a special exception to conduct a motor vehicle repair and inspection

[ 80 Pa. Commw. Page 591]

    business in a detached garage on his R-2 Residential Zone dwelling premises, as a "home occupation."

Under the scope of review applicable where, as here, the trial court has taken additional testimony in a zoning case, the determination must be whether or not the trial court abused its discretion or committed an error of law. Nardozza Zoning Case, 45 Pa. Commonwealth Ct. 482, 405 A.2d 1020 (1979).

The trial court findings of fact are well stated and well supported by the record. With respect to the special exception request to use the detached residential garage for a vehicle repair business, the findings note that the area is primarily rural in character, not intensively developed, and that various residents, as well as a neighboring farmer, periodically repair their own vehicles and farming equipment on their respective premises.

Therefore the basic question, involving an interpretation of the ordinance's special exception definition, is:

Does the repair and inspection of motor vehicles, to be conducted as a business for the public within a detached garage on dwelling premises within a residential zone by an inhabitant and one outside employee, constitute a "home occupation" under the ...


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