Appeal from the Order of the Court of Common Pleas of Montgomery County, in case of In Re: Appeal of Jerome Tieger from decision of Springfield Township Zoning Board of Adjustment, No. 84-07524.
Joseph M. Gindhart, with him, Pamela B. Gagne, Marshall, Dennehey, Warner, Coleman & Goggin, for appellant.
Robert O. Baldi, Baldi & Cepparulo, P.C., for appellees.
Thomas M. Garrity, with him, Thomas F. Oeste, Wisler, Pearlstine, Talone, Craig & Garrity, for intervenor, Springfield Township.
Judges Barry and Colins, and Senior Judge Blatt, sitting as a panel of three. Opinion by Judge Barry.
[ 100 Pa. Commw. Page 102]
This is an appeal by Jerome Tieger, appellant, from an order of the Montgomery County Court of Common Pleas affirming the decision of the Springfield Township Zoning Board of Adjustment (Board) denying his application for a special exception to convert a building on his property to a multiple family dwelling.
Upon appellant's application for a special exception under Sections 114-133 and 114-41E of the Zoning Code of Springfield Township (Springfield Code), the Board made the following factual findings:
1. The property contains some 70,700 square feet with a house, an apartment and a barn, all connected physically but the barn portion of which is separated from the rest of the structure by a wall of some 18".
2. The Structures may have some historical property listed on the National Register.
3. The owner applicant intends to convert the barn portion into five separate and independent two story living quarters for immediate rental and possible future condominium division.
4. The applicant asks that the Board grant a special exception under Section 114-133 of the Code.
5. In addition, applicant asks for a special exception under Section 114-41E for permission to establish a professional office within the present residence for himself to conduct his business as a consultant mechanical engineer.
6. The development of this property into five individual living units would have no adverse effect
[ 100 Pa. Commw. Page 103]
on the utilities supplying the property or have a serious effect on the ...