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ZONING HEARING BOARD MAHONING TOWNSHIP v. WALTER J. ZLOMSOWITCH AND CAROL K. ZLOMSOWITCH (01/17/85)

decided: January 17, 1985.

THE ZONING HEARING BOARD OF MAHONING TOWNSHIP, APPELLANT
v.
WALTER J. ZLOMSOWITCH AND CAROL K. ZLOMSOWITCH, APPELLEES



Appeal from the Order of the Court of Common Pleas of Carbon County in the case of Walter J. Zlomsowitch and Carol K. Zlomsowitch v. The Zoning Hearing Board of Mahoning Township, No. 81 S 484.

COUNSEL

Thomas S. Nanovic, with him, Roger N. Nanovic, Thomas S. McCready and George T. Dydynsky, for appellant.

Daniel F. Zeigler, Garfield & Zeigler, for appellees.

Judges Williams, Jr., MacPhail and Senior Judge Barbieri, sitting as a panel of three. Opinion by Judge MacPhail.

Author: Macphail

[ 87 Pa. Commw. Page 124]

The Zoning Hearing Board of Mahoning Township (ZHB) and the Mahoning Township Board of Supervisors (Supervisors) appeal the orders of the Court of Common Pleas of Carbon County.*fn1 We affirm.*fn2

On February 3, 1981, Walter J. Zlomsowitch and Carol K. Zlomsowitch (Appellees) applied for a permit to build a stable on their property in Mahoning Township. The permit was issued that same day, but on April 15, 1981, the Supervisors notified Appellees that their permit had been issued in error and was to be revoked. The permit was revoked on June 2, 1981.

Appellees appealed to the ZHB and filed a request for a variance. A public hearing was held on August 4, 1981, at which time testimony was taken on both the appeal and the variance. By decision

[ 87 Pa. Commw. Page 125]

    dated September 29, 1981, the ZHB affirmed the revocation of Appellee's building permit.*fn3

Appellee appealed the ZHB decision to the Court of Common Pleas of Carbon County which sustained the appeal.*fn4 After the ZHB petitioned for reconsideration, the court filed a supplemental opinion on October 14, 1983, denying the petition. The instant appeal followed.

Our scope of review in a zoning case where, as here, the court below did not receive additional evidence is to determine whether the ZHB abused its discretion, committed an error of law, or made findings of fact which were not supported by substantial evidence. Ramsey v. Zoning Hearing Board of the Borough of Dormont, 77 Pa. Commonwealth Ct. 456, 466 A.2d 267 (1983).

The lot in question is located in an R-2 low density residential zone and is therefore governed by Article VII of the Mahoning Township ...


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