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DALE K. BERGER v. ZONING HEARING BOARD BOROUGH MIFFLINBURG (10/16/84)

decided: October 16, 1984.

DALE K. BERGER, APPELLANT
v.
ZONING HEARING BOARD OF THE BOROUGH OF MIFFLINBURG, APPELLEE



Appeal from the Order of the Court of Common Pleas of Union County in case of Dale K. Berger v. Zoning Hearing Board of the Borough of Mifflinburg, No. 220, 1983.

COUNSEL

Wayne A. Bromfield, Brann & Bromfield, for appellant.

Preston L. Davis, Davis, Davis & Kaar, for appellee.

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

Author: Rogers

[ 85 Pa. Commw. Page 481]

Dale K. Berger has appealed from an order of the Court of Common Pleas of Union County affirming

[ 85 Pa. Commw. Page 482]

    an order of the Mifflinburg Borough Zoning Hearing Board.

The appellant applied for a special exception to convert his single family residence to a three-family dwelling, one unit having an area of about 1,016 square feet, and the other two respectively, 736 and 767 square feet.

As the Union County Court of Common Pleas received no evidence, our review is solely of the zoning hearing board order.

The appellant's dwelling is located in the R-1B Urban Residential zoning district, where two-family and multi-family dwellings are allowed by special exception. Both the zoning officer and the chairman of the Mifflinburg Borough Planning Commission recommended the grant of the special exception as requested. No one appeared in opposition to the appellant's application at the zoning hearing board hearing and there was no evidence presented tending to show that the exception as applied for would threaten the health, safety or general welfare of the neighbors.

The board granted the special exception, but with a limitation of the number of units to two, each to have an area ...


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