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KENNETH DECH AND JANICE DECH v. ZONING HEARING BOARD LYNN TOWNSHIP AND DAVID L. DAVIS (07/29/86)

decided: July 29, 1986.

KENNETH DECH AND JANICE DECH
v.
THE ZONING HEARING BOARD OF LYNN TOWNSHIP AND DAVID L. DAVIS, II. DAVID L. DAVIS, II, APPELLANT



Appeals from the Order of the Court of Common Pleas of Lehigh County in the case of Kenneth Dech and Janice Dech v. The Zoning Hearing Board of Lynn Township and David L. Davis, II, No. 83-C-1173.

COUNSEL

Stuart T. Shmookler, for appellant.

Charles A. Waters, Steckel & Stopp, for appellees.

Judges MacPhail and Colins, and Senior Judge Rogers, sitting as a panel of three. Opinion by Judge MacPhail.

Author: Macphail

[ 99 Pa. Commw. Page 296]

David L. Davis, II (Appellant) appeals here from an order of the Court of Common Pleas of Lehigh County which reversed in part a decision of the Zoning Hearing Board of Lynn Township (Board). We will affirm.

Appellant applied for and received a building permit for the erection of a mobile home and an adjacent pole barn building which was to be used for the storage of vehicles utilized in Appellant's catering and concession business. These improvements were to be located in a conservation district.*fn1

[ 99 Pa. Commw. Page 297]

Mr. and Mrs. Dech, adjoining landowners, protested the issuance of a permit and requested a hearing before the Board. On April 4, 1983, the Board issued a written decision revoking the permit solely because the proposed construction failed to comply with township requirements in a high water table area. The Board specifically held that the pole barn building was not commercial in nature and, therefore, the proposed use of that building did not violate the Ordinance.

On April 27, 1983, the Dechs appealed from the Board's decision to the court of common pleas, contending that the pole barn building was commercial in nature and, therefore, not a permitted use in the district and that the size of the pole building was such as to prohibit it from being classified as an accessory use under the Ordinance.

While that appeal was pending, Appellant revised his plans for the location of the improvements including the pole barn to satisfy the high water table requirements, whereupon the zoning officer on May 23, 1983, issued a new permit permitting construction of the improvements. No appeal to the Board was taken from that action.

Appellant argued to the trial court and argues here that the Dechs are precluded from obtaining any relief because they lack standing in that they failed to ...


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