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IRVING ROTH v. ZONING HEARING BOARD SPRINGFIELD TOWNSHIP AND SPEEDY MUFFLER KING (08/30/85)

decided: August 30, 1985.

IRVING ROTH, APPELLANT
v.
ZONING HEARING BOARD OF SPRINGFIELD TOWNSHIP AND SPEEDY MUFFLER KING, INC., APPELLEES



Appeal from the Order of the Court of Common Pleas of Delaware County in the case of Irving Roth and Jerome Sauls v. Zoning Hearing Board of Springfield Township and Speedy Muffler King, Inc., No. 84-640.

COUNSEL

Ronald M. Agulnick, Pitt, Agulnick, Supplee, Johnson & Slade, for appellant.

Joseph A. Damico, Jr., with him, Denis M. Dunn, Petrikin, Wellman, Damico, Carney & Brown, for appellee, Speedy Muffler King, Inc.

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

Author: Barbieri

[ 91 Pa. Commw. Page 446]

Irving Roth (Roth) appeals the order of the Court of Common Pleas of Delaware County affirming the grant of dimensional variances to Speedy Muffler King, Inc. (Speedy) by the Zoning Hearing Board of

[ 91 Pa. Commw. Page 447]

Springfield Township (Board). Also before us, is Speedy's motion to quash Roth's appeal for failure to reduce the order of the common pleas court to judgment.

Speedy is the equitable owner of a corner lot (the property) located in Springfield Township (Township) at the intersection of Baltimore Pike and Woodland Avenue. The property is located in an E-Business Zone under the Township's Zoning Ordinance (Ordinance). Prior to the adoption of the Ordinance, the property, which is 15,170 square feet, was created by the subdivision of a larger tract. Lots in the E-Business Zone are required to be at least 50,000 square feet in size and have at least 175 feet of road frontage. Besides being greatly undersized, the property has less than 100 feet of frontage on both Baltimore Pike and Woodland Avenue. Consequently, the property has always been non-conforming in size under the Ordinance. Moreover, the existing building on the property, formerly a gasoline service station and repair shop, does not meet the Ordinance's fifty foot rear yard setback as it has only a sixteen foot six inch setback from the back of the property.

Speedy proposes to build a muffler repair shop on the property which is a permitted use in the E-Business Zone. Speedy intends to raze the existing building and replace it with a larger structure. In order to accomplish its plans, Speedy required, and requested, from the Board dimensional variances to reduce the rear yard setback to a line varying from nine feet six inches from the property line to six feet six inches, to permit erection of a structure and improvements on the non-conforming lot, to permit reduced side yards and to permit the storage of trash outside the building. After a public hearing, the Board granted Speedy's variance requests over

[ 91 Pa. Commw. Page 448]

Roth's protest*fn1 and on appeal, the common pleas court, taking no additional evidence, affirmed.*fn2

Before this Court, Roth primarily questions*fn3 the legality of the Board's grant of the variances on the ground that Speedy did not demonstrate the requisite ...


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