Appeal from the Order of the Court of Common Pleas of Chester County in the case of Appeal of Louis and Frances Jaffe from the Decision of West Vincent Township Zoning Hearing Board, No. 394 January Term, 1983.
Daniel P. Mannix, V., Butler and Griffen, for appellants.
A. Bruce Niccolo, Moorshead and Niccolo, for appellee.
Judges Barry and Colins, and Senior Judge Blatt, sitting as a panel of three. Opinion by Judge Barry. Judge Colins dissents.
[ 100 Pa. Commw. Page 499]
This is an appeal by Louis and Frances Jaffe, appellants, of an order of the Chester County Court of Common Pleas. The trial court dismissed the Jaffes' appeal from a decision of the appellee, the Zoning Hearing Board of West Vincent Township (ZHB), which denied the Jaffes' application for a use and occupancy permit for a caretaker's apartment within a building, recently constructed to board horses on the Jaffes' property.
The Jaffes, residents and property owners in a district zoned R-2 Residential in West Vincent Township, applied for a building permit to construct a house and a building designed to board horses. This application was granted on September 2, 1980. In December of 1981,
[ 100 Pa. Commw. Page 500]
appellants sought a variance from the ZHB for an apartment located within this building to house a caretaker or groom for the horses. The request for a variance was denied. The Jaffes appealed to the Chester County Court of Common Pleas but abandoned this appeal. On October 14, 1982, the Jaffes applied for a use and occupancy permit pursuant to Sections 603.c and 603.f of the West Vincent Township Zoning Ordinance (Ordinance), which read:
603.c Farming and agricultural use, including horticultural and nursery, provided proper techniques are utilized to minimize erosion and sedimentation, stream pollution and preservation of existing woodlands and a lot area of no less than five (5) acres is provided.
603.f Accessory buildings and uses customarily incidental to the above uses.
This application was refused on November 15, 1982 by the zoning hearing officer. The Jaffes appealed to the ZHB. After holding two hearings, the ZHB ruled against the Jaffes, finding that since the Jaffes' property was principally residential the building was an accessory use and the apartment was, under the ordinance, an impermissible accessory use to an accessory use. The Jaffes' appeal to the Chester County Court of Common Pleas was denied but on different grounds. The ...