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SANDRA K. ANDREUCCI v. ZONING HEARING BOARD LOWER MILFORD TOWNSHIP (02/26/87)

decided: February 26, 1987.

SANDRA K. ANDREUCCI, EXECUTRIX OF THE ESTATE OF MERRITT A. PETERS, APPELLANT
v.
THE ZONING HEARING BOARD OF LOWER MILFORD TOWNSHIP, APPELLEE



Appeal from the Order of the Court of Common Pleas of Lehigh County in the case of Sandra K. Andreucci, Executrix of the Estate of Merritt A. Peters v. The Zoning Hearing Board of Lower Milford Township, No. 85-C-907.

COUNSEL

Joseph A. Holko, Butz, Hudders, Tallman, Stevens & Johnson, for appellant.

Edward H. McGee, for appellee.

Mark Malkames, with him, William G. Malkames, for intervenor, Richard A. Powell, Jr.

Judges Barry and Palladino, and Senior Judge Kalish, sitting as a panel of three. Opinion by Judge Palladino.

Author: Palladino

[ 104 Pa. Commw. Page 224]

This is an appeal by Sandra K. Andreucci*fn1 (appellant), from an order of the Court of Common Pleas of Lehigh County (trial court) affirming the grant of a dimensional variance by the Zoning Hearing Board of

[ 104 Pa. Commw. Page 225]

Lower Milford Township (Zoning Hearing Board), appellee, to Richard A. Powell, Jr.,*fn2 owner of the subject parcel of land. For the reasons which follow, we reverse.

Powell owns an irregularly shaped parcel of land zoned A-Agriculture. His deed description shows an area measuring approximately 94,967 square feet. However, on his subdivision plan, Powell shows only 83,039 square feet to the legal right-of-way line. The lot is fronted by roadway on three sides and a single-family dwelling is located at its western end.

Powell submitted a minor subdivision plan to the Lower Milford Township Planning Commission (Planning Commission) proposing to subdivide and sell a 45,000 square foot residential building lot and to retain the remaining 38,039 square feet. Section 534 of the Lower Milford Township Zoning Ordinance*fn3 requires 45,000 square feet per dwelling unit and, thus, Powell's subdivision would create a non-conforming lot. Because Section 301.1(c) of the Lower Milford Township subdivision ordinance requires compliance with the Township's zoning ordinance, a subdivision plan creating a non-conforming lot could not be approved by the Planning Commission. The Planning Commission, without

[ 104 Pa. Commw. Page 226]

    acting on Powell's subdivision application, suggested that he try to obtain a variance ...


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