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EAST TORRESDALE CIVIC ASSOCIATION v. ZONING BOARD ADJUSTMENT CITY PHILADELPHIA (08/30/84)

decided: August 30, 1984.

EAST TORRESDALE CIVIC ASSOCIATION, APPELLANT
v.
ZONING BOARD OF ADJUSTMENT OF THE CITY OF PHILADELPHIA, ET AL., APPELLEES



Appeal from the Order of the Court of Common Pleas of Philadelphia County in the case of East Torresdale Civic Association v. Zoning Board of Adjustment, No. 1715 February Term, 1983.

COUNSEL

Richelle D. Hittinger, for appellant.

Mary Rose Cunningham, Chief Assistant City Solicitor, with her, Barbara W. Mather, City Solicitor, for appellees, Zoning Board of Adjustment of the City of Philadelphia and the City of Philadelphia.

Carl K. Zucker, for intervening appellee, James Flannery.

Judges Rogers, Craig and Barbieri, sitting as a panel of three. Opinion by Judge Rogers.

Author: Rogers

[ 85 Pa. Commw. Page 13]

East Torresdale Civic Association has appealed from an order of the Court of Common Pleas of Philadelphia County upholding the grant by the Philadelphia Zoning Board of Adjustment of several dimensional variances and a use variance to the appellee,

[ 85 Pa. Commw. Page 14]

James Flannery, so that he might place what he calls a commercial condominium and seventy-six parking spaces on a vacant lot in the city's R-3 residential zoning district. The use variance, which is the essential point in this contest,*fn1 is needed because only detached and semi-detached single-family dwellings are permitted uses in the R-3 residential district and because the appellee's proposed commercial condominium consists of a row of thirteen attached stores.

The appellee's lot is in the shape of a tear drop; it is long, narrow and wider on one end than the other. It contains 1.196 acres. The long south lot line is the right-of-way of Grant Avenue upon which the proposed stores would front. Across Grant Avenue and facing the site of the proposed development are a single-family and four semi-detached dwellings, the owners of at least two of which are members of the Civic Association. The owner of one of these homes testified in opposition to the variances. The long north lot line of the lot is bounded by the Poquessing Creek. The short sides of the lot are bounded respectively by another public road on the east and a commuter railway line on the west.

The city's Department of Licenses and Inspections denied the appellee's applications for zoning permits and he applied to the zoning board for the mentioned variances, which the board granted. The court of common pleas, which received no evidence, affirmed.

The appellee's suit was, and is, bottomed on the authority of cases holding ...


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