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ROBERT C. BOSS AND MARCELLA M. BOSS v. ZONING HEARING BOARD BOROUGH BETHEL PARK (12/09/85)

decided: December 9, 1985.

ROBERT C. BOSS AND MARCELLA M. BOSS, HIS WIFE, APPELLANTS
v.
ZONING HEARING BOARD OF THE BOROUGH OF BETHEL PARK, APPELLEE



Appeal from the Order of the Court of Common Pleas of Allegheny County in case of Robert C. Boss and Marcella M. Boss, his wife v. Zoning Hearing Board of the Borough of Bethel Park, No. SA 136 of 1977.

COUNSEL

Nathaniel B. Smith, with him, John Daley, Brennan, Robins & Daley, for appellants.

Victor R. Delle Donne, with him, Joel P. Aaronson, Baskin and Sears, P.C., for intervening appellee, Municipality of Bethel Park.

President Judge Crumlish, Jr. and Judge Colins, and Senior Judge Kalish, sitting as a panel of three. Opinion by Senior Judge Kalish.

Author: Kalish

[ 93 Pa. Commw. Page 375]

Appellants are the owners of a dwelling located in an R-3 district on Highland Road, in an area zoned for one-family dwellings. Townhouses are not permitted

[ 93 Pa. Commw. Page 376]

    in the R-3 district but are permitted in the R-T Townhouse Dwelling district.

Appellants contested the validity of the Zoning Ordinance and also requested a rezoning of their property from R-3, which restricts the use of Highland Avenue on which the property was located, to R-T, which would permit the construction of Townhouses. The Zoning Board upheld the validity of the ordinance and denied appellants' request.

After appeal to the Common Pleas Court, the only new evidence were answers of the Borough to interrogatories propounded by appellants. The trial court found for the appellees, but since no findings were made it was remanded by this court for such findings. Boss v. Zoning Hearing Board of Bethel Park, 66 Pa. Commonwealth Ct. 89, 443 A.2d 871 (1982). The trial court, based on its original opinion, again found for the appellees.

While the trial court made no specific findings as such, findings may be gleaned from its opinion.

Appellants challenge the validity of the Zoning Ordinance in that it does not provide for sufficient Townhouse usage in the Borough and that the classification of its property as R-3 was arbitrary and discriminatory.

The appellees contend that the ordinance is not exclusionary since the ordinance provides for specific and substantial zoning districts ...


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