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MARTIN GREEN AND SYLVIA GREEN v. ZONING BOARD ADJUSTMENT CITY PITTSBURGH (04/03/85)

decided: April 3, 1985.

MARTIN GREEN AND SYLVIA GREEN, HIS WIFE, 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 case of Martin and Sylvia Green, his wife v. City of Pittsburgh. Zoning Board of Adjustment of Pittsburgh, No. SA 353 of 1983.

COUNSEL

Harlan S. Stone, Stone and Stone, for appellants.

Kellen McClendon, Assistant City Solicitor, with her, D. R. Pellegrini, City Solicitor, for appellee.

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

Author: Craig

[ 88 Pa. Commw. Page 470]

Dr. and Mrs. Martin Green appeal an order of the Court of Common Pleas of Allegheny County which upheld a decision of the City of Pittsburgh Zoning Board of Adjustment granting an occupancy permit for four dwelling units in the landowners' building*fn1 at 623 North Negley Avenue, but denying a permit

[ 88 Pa. Commw. Page 471]

    for a dentist's office on the first floor of that main building. We must determine*fn2 whether the zoning board correctly concluded that a dental office use of the property lost whatever legitimate status it may have had when Dr. Green moved his residence from the premises in 1953.

Before 1953, Dr. Green and his wife had used part of the building as their residence, and Dr. Green had maintained an office for his dental practice on the first floor. In 1953, the Greens moved their residence elsewhere, but Dr. Green continued to use a portion of the building for his dental practice. The Greens rented the remainder of the building as apartments. That combined use of the building for apartments and Dr. Green's dental office has continued unchanged from 1953 to the present. In 1983, the Greens, in anticipation of placing the property on the market, sought an occupancy permit to confirm that combination of dwelling unit and professional office uses.

Under the Pittsburgh Zoning Ordinance of 1923, the Greens' property had been zoned B residential, which permitted the following uses (in addition to other uses not involved here):

(1) One family dwelling;

(2) Two family ...


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