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ANDREW NOWAK AND LORRAINE NOWAK v. ZONING BOARD BRIDGEVILLE BOROUGH (12/04/87)

decided: December 4, 1987.

ANDREW NOWAK AND LORRAINE NOWAK, APPELLANTS
v.
THE ZONING BOARD OF BRIDGEVILLE BOROUGH, APPELLEE



Appeal from the Order of the Court of Common Pleas of Allegheny County in the case of Andrew Nowak and Lorraine Nowak v. Zoning Hearing Board of Bridgeville Borough, No. SA 1522 of 1985.

COUNSEL

Charles E. Boyle, Campbell, Sherrard & Burke, P.C., for appellants.

Robert L. Campbell, Brenlove & Campbell, for appellee.

Gilbert S. Merritt, Jr., Merritt and Purcell, for applicant, Dawson C. Wright, Sr.

Judges Craig and Barry, and Senior Judge Narick, sitting as a panel of three. Opinion by Judge Barry.

Author: Barry

[ 111 Pa. Commw. Page 471]

This is an appeal brought by Andrew Nowak and Lorraine Nowak, his wife (Nowaks), from an order of the Court of Common Pleas of Allegheny County*fn1 affirming the decision of the Zoning Hearing Board of Bridgeville Borough (Board), dated August 21, 1985, which determined that a neighboring landowner (Wright) has acquired a vested right in a building permit issued to him by the Borough's zoning officer. We affirm.

This case has been before this Court on three previous occasions.*fn2 The facts are essentially as follows.

[ 111 Pa. Commw. Page 472]

On July 28, 1980, Mr. Wright filed an application for a building permit with the Borough of Bridgeville setting forth the proposed construction of a garage on his lot contained in an R-2 residential zone. Under the Bridgeville Zoning Ordinance a side yard of eight feet is required.

The side yard of Mr. Wright's property abuts the rear yard of the Nowaks' parcel. The Nowaks' predecessor in title was a grantee to whom Mr. Wright

[ 111 Pa. Commw. Page 473]

    originally conveyed that parcel with a rear yard seven feet shorter than at present. Some time following the original conveyance of the parcel and prior to the enactment of the Borough's Zoning Ordinance, Mr. Wright conveyed a seven foot strip to the Nowaks' predecessor in title for the purpose of creating a larger rear yard. This conveyance operated to ...


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