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HIGHLAND PARK COMMUNITY CLUB PITTSBURGH ET AL. v. ZONING BOARD ADJUSTMENT CITY PITTSBURGH (05/14/84)

decided: May 14, 1984.

THE HIGHLAND PARK COMMUNITY CLUB OF PITTSBURGH ET AL., APPELLANTS
v.
THE ZONING BOARD OF ADJUSTMENT OF THE CITY OF PITTSBURGH, APPELLEE



Appeal from the Order of the Court of Common Pleas of Allegheny County in the case of The Highland Park Community Club of Pittsburgh, David Goldhammer, Blair Crawford, Harriet Crawford, Bela Kovach and Jeanne Shaffer v. The Zoning Board of Adjustment of the City of Pittsburgh, No. SA 31 of 1983.

COUNSEL

R. Dell Ziegler, Buchanan, Ingersoll, Rodewald, Kyle & Buerger, for appellants.

No appearance for appellee.

Edward C. Leckey, for intervenor, Jack Holzapfel.

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

Author: Macphail

[ 82 Pa. Commw. Page 381]

The Highland Park Community Club of Pittsburgh and several named members of the club (Appellants) appeal from a decision of the Court of Common Pleas of Allegheny County. The Court affirmed the decision of the Zoning Board of Adjustment of the City of Pittsburgh (Board), finding that Jack Holzapfel (Owner) had a vested right in the continued use of his property for six family occupancy in an area zoned R-2, two family residential.

[ 82 Pa. Commw. Page 382]

The court of common pleas took no additional evidence; therefore we must determine whether the Board committed an error of law or abused its discretion. Hipwell Manufacturing Co. v. Zoning Board of Adjustment, 70 Pa. Commonwealth Ct. 83, 452 A.2d 605 (1982).

That part of the Board's decision labeled "Findings of Fact" is a summary of much of the testimony and the documents admitted into evidence. We must presume that the Board found credible the information it chose to so record.

The Board found that the property in question is in an area which was zoned "B" from 1923-1958,*fn1 and R-2 from 1958 to the present, one or two family occupancy. The Owner purchased the property in 1971, at which time the building contained six units. In January, 1976, the Owner applied for an occupancy permit following an inspection by the Bureau of Building Inspection (Bureau). The permit was granted for zoning only. In June, 1976, the Bureau advised the Owner that certain work was needed before the occupancy would be approved.*fn2 The Owner promptly secured a permit for enclosure of the furnace. In February, 1977, the Bureau notified the Owner that one unit must be removed from the basement to bring the total number of units in the building to

[ 82 Pa. Commw. Page 383]

    six. The Owner replied in October, 1977, agreeing to remove ...


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