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CHARLES BREINIG v. ZONING HEARING BOARD UPPER MORELAND TOWNSHIP (10/09/85)

COMMONWEALTH COURT OF PENNSYLVANIA


decided: October 9, 1985.

CHARLES BREINIG, APPELLANT
v.
ZONING HEARING BOARD OF UPPER MORELAND TOWNSHIP, APPELLEE

Appeal from the Order of the Court of Common Pleas of Montgomery County in case of Charles Breinig v. Zoning Hearing Board of Upper Moreland Township, No. 80-20800.

COUNSEL

Alfred O. Breinig, Jr., for appellant.

George B. Ditter, for appellee.

Judges Rogers, Barry and Palladino, sitting as a panel of three. Opinion by Judge Palladino.

Author: Palladino

[ 92 Pa. Commw. Page 204]

Charles Breinig (Appellant) appeals from a decision of the Court of Common Pleas of Montgomery County (trial court) which affirmed a decision of the Zoning Hearing Board of Upper Moreland Township (Board) denying Appellant's application for a variance. We affirm.

Appellant is the owner of a parcel of real estate located in the commercial core district of Willow Grove. Situated upon the property is a building which is used as a combination office and private residence. Appellant purchased the property in 1977 and shortly thereafter received a variance which allowed him to provide 5 parking spaces rather than 7.5 as required by the Zoning Code of Upper Moreland Township (Code). In 1980, Appellant decided to convert a storage area into additional office space. The conversion would require Appellant to provide additional parking spaces.

Appellant sought a variance from the additional parking requirement. The variance was denied by the Board and the denial was affirmed by the trial court. On appeal to this Court, Appellant argues that the Board abused its discretion by denying the variance.*fn1

[ 92 Pa. Commw. Page 205]

Because we agree with the reasoning employed by the trial court in rejecting this argument, we affirm the trial court's order on the basis of the opinion written by Judge Lawrence A. Brown, Breinig v. Zoning Hearing Board of Upper Moreland Township, Pa. D. & C. 3d (1983).

Order

And Now, October 9, 1985, the order of the Court of Common Pleas of Montgomery County, at No. 80-20800, dated May 31, 1983, is affirmed.

Disposition

Affirmed.


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