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D.E. STREET v. ZONING HEARING BOARD BOROUGH WEST YORK AND CAROL FEESER (01/09/87)

decided: January 9, 1987.

D.E. STREET, INC. AND DENNIS STREET, APPELLANTS
v.
ZONING HEARING BOARD OF THE BOROUGH OF WEST YORK AND CAROL FEESER, APPELLEES



Appeal from the Order of the Court of Common Pleas of York County, in case of D.E. Street and Dennis Street v. Zoning Hearing Board of the Borough of West York and Carol Feeser, No. 85-SU-01893-08.

COUNSEL

Daniel L. Carn, Carn & Vaughn, for appellants.

John W. Stitt, Stitt and Stitt, for intervenor, Carol Feeser.

Judges Craig and Colins and Palladino, sitting as a panel of three. Opinion by Judge Palladino.

Author: Palladino

[ 103 Pa. Commw. Page 128]

Dennis Street (Appellant) appeals from an order of the York County Court of Common Pleas affirming a decision

[ 103 Pa. Commw. Page 129]

    of the Zoning Hearing Board of the Borough of West York (Board) which found that Appellant's use of the premises at 1046 West Market Street exceeded the scope of the permitted office use. We reverse.

Appellant is a roofing and siding contractor. In the spring of 1984 he sought and was given oral permission to use the first floor of his property at 1046 West Market Street as an office by the West York zoning officer. This property was located in a C-Commercial District.*fn1 Section 7.02B of the West York's Zoning Ordinance lists "office" as a permitted use in this district and Section 10.07B.3*fn2 requires one off-street parking space for each 400 square feet of office floor area, which Appellant provided.

During December 1984, Appellant began parking his business vehicles on South Dewey Street, a public

[ 103 Pa. Commw. Page 130]

    street, without metered spaces, adjacent to his property. Complaints were made to the zoning officer about this practice. At the February 18, 1985 meeting of the West York Borough Council, neighboring property owners appeared to complain about Appellant's vehicles being continually parked on South Dewey Street. It was at this meeting that Appellant's permit to use his property as an office was made known to the public.

On February 21, 1985 Carol Feeser (Intervenor) challenged the validity of Appellant's use of his property. A hearing on the challenge was held at which Appellant contested Intervenor's standing ...


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