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WILKINS TOWNSHIP AND WILKINS TOWNSHIP BOARD COMMISSIONERS v. ORGAN GRINDER PIZZA PARLOR (05/07/85)

decided: May 7, 1985.

WILKINS TOWNSHIP AND THE WILKINS TOWNSHIP BOARD OF COMMISSIONERS, APPELLANTS
v.
ORGAN GRINDER PIZZA PARLOR, INC., A CORPORATION, THOMAS J. REILLY AND BARBARA REILLY, HIS WIFE, APPELLEES



Appeal from the Order of the Court of Common Pleas of Allegheny County in case of Organ Grinder Pizza Parlor, Inc., a corporation and Thomas J. Reilly and Barbara Reilly, his wife v. Wilkins Township and The Wilkins Township Board of Commissioners, No. SA 368 of 1982.

COUNSEL

John M. Means, Markel, Schafer & Means, P.A., appellants.

David C. Allison, with him, Edward P. Zemprelli, for appellees.

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

Author: Macphail

[ 89 Pa. Commw. Page 150]

Wilkins Township appeals*fn1 here from an order of the Court of Common Pleas of Allegheny County which directed the Township to issue a Street Excavation/Curb Permit to Organ Grinder Pizza Parlor, Inc. (Organ Grinder) and Thomas and Barbara Reilly (landowners).

The record shows that the subject property is located at the intersection of U.S. Route 22 and Hawthorne Drive. Route 22 runs east and west in front of the restaurant located on the property. Hawthorne

[ 89 Pa. Commw. Page 151]

Drive is a residential street which originates at Route 22 and runs north, immediately west of the property. There is no traffic signal at this intersection.

Organ Grinder filed an application for a driveway dated March 23, 1981, seeking access from the restaurant parking lot onto Hawthorne Drive. At that time, there were two curb cuts permitting access to the parking lot from Route 22; however, Route 22 was a four lane highway and left hand turns into the property were not permitted.*fn2 In addition, vehicles exiting the parking lot were not permitted to turn left.*fn3

The Township building inspector denied Organ Grinder's application pursuant to Section XIII(A)(1) of Ordinance 621 of Wilkins Township.*fn4 Organ Grinder and the landowners then appealed to the Township Board of Commissioners (Commissioners), and filed a request for a variance. After a hearing, the Commissioners issued an adjudication containing findings of fact and conclusions of law. The Commissioners affirmed the denial of the permit and refused to grant a variance.

Organ Grinder and the landowners subsequently appealed to the Court of Common Pleas of Allegheny County which heard the matter pursuant to Section 754(b) of ...


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