Appeal from the Order of the Court of Common Pleas of Montgomery County, in case of JALC Real Estate Corporation and Shiloh of Berks County, Inc. v. Zoning Hearing Board of Lower Salford Township and Lower Salford Township, No. 83-02169.
Sondra K. Slade, with her, Ronald M. Agulnick and Patricia T. Brennan, Pitt, Agulnick, Supplee & Slade, for appellants.
Marc D. Jonas, Silverman, Jonas & Lawrence, for appellee, Zoning Hearing Board of Lower Salford Township.
Thomas M. Garrity, Wisler, Pearltine, Talone, Craig and Garrity, for appellee, Lower Salford Township.
Judges MacPhail and Colins, and Senior Judge Kalish, sitting as a panel of three. Opinion by Judge MacPhail. Judge Colins dissents.
[ 104 Pa. Commw. Page 606]
JALC Real Estate Corporation and Community Foundation for Human Development (Appellants)*fn1 appeal from an order of the Court of Common Pleas of Montgomery County which affirmed an order of the Zoning Hearing Board of Lower Salford Township (Zoning Hearing Board). We reverse.*fn2
[ 104 Pa. Commw. Page 607]
Appellants requested relief from a cease and desist order issued by the Lower Salford Township Zoning Officer. The officer felt that Appellants' use of a house in an area zoned "R-3 Medium-Density Residence District" was not permitted by the township's zoning ordinance. The Zoning Hearing Board made the following undisputed relevant findings of fact:
11. The proposed use is to house four (4) mentally retarded women between the ages of thirty-two (32) and forty-six (46) with an intelligence I.Q. ranging from one (1) to six (6) years of age.
12. The residents of the building require around-the-clock supervision in the nature of professionally trained employees including a Resident Manager and various full-time and part-time employees, none of whom sleep or permanently reside in the home.
13. The individuals who live at the property reside at no cost to them, but the operation is funded by the United States Government (fifty-five [55%] percent) and by the Commonwealth of Pennsylvania (forty-five [45%] percent).
14. The operation ceased on October 1, 1982 because of inadequate staff, but a resumption of the use is contemplated based upon the securing of adequate staff and the receipt of necessary approvals from the Township.
15. The full staff complement constitutes ten (10) full-time and part-time employees with ...