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EDWARD C. GRIFFITH AND JUNE M. GRIFFITH v. ZONING HEARING BOARD EXETER TOWNSHIP AND KIM AND KATHY BRAUTIGAN (09/17/87)

decided: September 17, 1987.

EDWARD C. GRIFFITH AND JUNE M. GRIFFITH, APPELLANTS
v.
THE ZONING HEARING BOARD OF EXETER TOWNSHIP AND KIM AND KATHY BRAUTIGAN, APPELLEES



Appeal from the Order of the Court of Common Pleas of Berks County in case of Edward C. Griffith and June M. Griffith v. The Zoning Hearing Board of Exeter Township and Kim and Kathy Brautigan, No. 225 September, 1983, AD.

COUNSEL

Charles K. Serine, Miller and Murray, for appellant.

Kim Brautigan, pro se.

Judges MacPhail and Doyle, and Senior Judge Blatt, sitting as a panel of three. Opinion by Judge Doyle.

Author: Doyle

[ 109 Pa. Commw. Page 383]

Edward C. Griffith and his wife (Appellants) appeal from an order of the Court of Common Pleas of Berks

[ 109 Pa. Commw. Page 384]

County that affirmed a decision of the Zoning Hearing Board of Exeter Township (Board) granting a variance to Kim Brautigan and his wife (Brautigans). We reverse.

The Brautigans purchased a vacant lot*fn1 in Exeter Township (Township) in 1983 and subsequently placed a $20,000 mobile home on the property to be used as a residence. The property is located within an R-6 residential zone, and Section 206-2 of the Township Zoning Ordinance requires that all properties over 5,000 square feet in an R-6 district must be served by public water and sewer.

The Brautigans purchased the property with knowledge of this requirement. In order to comply with Section 206-2, the Brautigans had the Glen Alsace Water Company (Water Company), the public utility with a water main nearest the Brautigans' property, prepare an estimate of the cost of providing water service to the property. The water company estimated that it would have to lay 760 linear feet of pipe and that the total cost would be $23,680.

The Brautigans then filed for a variance from the public water requirement, asking that they be allowed to use a well already on the property. After a hearing, the Board granted a variance to the Brautigans. Appellants appealed, and due to some procedural irregularities

[ 109 Pa. Commw. Page 385]

    not relevant here, the common pleas court remanded the case to the Board for the taking of additional evidence. The Board held another hearing and again granted the variance. Appellants again appealed, and the trial court, without taking ...


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