Appeal from the Order of the Court of Common Pleas of Centre County in the case of Edward McMullen and Kenneth Smith v. The Zoning Hearing Board of Harris Township, No. 1983-53.
H. Amos Goodall, Jr., Miller, Kistler & Campbell, Inc., for appellants.
Benjamin Novak, Benjamin Novak & Associates, for appellee.
Judges Rogers, MacPhail and Palladino, sitting as a panel of three. Opinion by Judge Rogers.
[ 90 Pa. Commw. Page 120]
Edward McMullen and Kenneth Smith (appellants), who describe themselves as interested in leasing a building in Harris Township, have appealed from an order of the Court of Common Pleas of Centre County, affirming the township zoning hearing board's (board) denial of their application for a variance.*fn1 The variance would have permitted the appellants to use a building located in an R-1 Residential Zoning District as a store for the display and sale of antique model trains.
The building is a one-room concrete block structure about 20 feet wide by 45 feet long. The building has no running water and is located on a parcel of land on which there is located an occupied single-family detached dwelling.
[ 90 Pa. Commw. Page 121]
The following uses are permitted in the R-1 Residential Zoning District:
1. Single family detached dwellings.
3. Churches and other places of worship, parish houses and convents.
4. Public and private nursery, kindergarten, elementary and secondary schools, and ...