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JOHN R. ROGERS AND HELEN ROGERS v. ZONING HEARING BOARD EAST PIKELAND TOWNSHIP (02/04/87)

decided: February 4, 1987.

JOHN R. ROGERS AND HELEN ROGERS, HIS WIFE, APPELLANTS
v.
ZONING HEARING BOARD OF EAST PIKELAND TOWNSHIP, APPELLEE



Appeal from the Order of the Court of Common Pleas of Chester County in the case of John R. Rogers and Helen Rogers, his wife v. Zoning Hearing Board of East Pikeland Township, No. 84-01054.

COUNSEL

Ronald F. Brien, for appellants.

John D. Snyder, with him, James E. McErlane, Lamb, Windle & McErlane, P.C., for appellee.

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

Author: Craig

[ 103 Pa. Commw. Page 479]

John R. Rogers and Helen Rogers, equitable owners of property in Chester County, appeal from an order of Court of Common Pleas of Chester County which affirmed a decision of the Zoning Hearing Board of East Pikeland Township denying their application for variances from dimensional requirements of the East Pikeland Township Ordinance, sought so that the landowners could erect a single modular dwelling on an undersized lot. We affirm.

Section 502 of the ordinance, requiring a minimum lot size of 25,000 square feet, also requires that the landowners maintain two side yards aggregating 40 feet, neither side yard being less than 15 feet, and that front and rear yards be at least 50 feet in depth.

The landowners' property, located in an R-2 residential district, is roughly trapezoidal in shape, with frontage of approximately 215 feet along the road right-of-way, a rear line just 80 feet in length, and a net lot area of 9853.3 square feet. Variances from the lot area and

[ 103 Pa. Commw. Page 480]

    yard requirements are needed because those dimensional requirements would prevent construction of the proposed modular dwelling measuring 68 feet by 21 feet, to be positioned with a rear yard of 15 feet and a front yard of 25 feet.

Because the common pleas court took no additional evidence, this court's scope of review is limited to determining whether the board abused its discretion or committed an error of law. The board's findings cannot be disturbed if they are supported by substantial evidence. Falls Township v. Zoning Hearing Board of Falls Township, 91 Pa. Commonwealth Ct. 551, 498 A.2d 13 (1985).

Although the board's decision in this case (which incorporated some findings from an earlier decision in the same case) tended to confuse the distinctions between findings of fact and conclusions of law, and to include some of each in the discussion portion of the ...


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