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JOSEPH AND FRANK PISCIONERI v. ZONING HEARING BOARD BOROUGH MUNHALL ET AL. CAROL AND MICHAEL BALABAN ET AL. (03/23/88)

decided: March 23, 1988.

JOSEPH AND FRANK PISCIONERI
v.
THE ZONING HEARING BOARD OF THE BOROUGH OF MUNHALL ET AL. CAROL AND MICHAEL BALABAN ET AL., APPELLANTS



Appeals from the Order of the Court of Common Pleas of Allegheny County, in case of Joseph and Frank Piscioneri v. The Zoning Hearing Board of the Borough of Munhall, No. SA 1675 of 1984.

COUNSEL

Joel P. Aaronson, Reed, Smith, Shaw & McClay, for appellants, Carol and Michael Balaban et al.

T. J. Kratzenberg, Kratzenberg & Shields, P.C., for appellees, Joseph and Frank Piscioneri.

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

Author: Barry

[ 114 Pa. Commw. Page 562]

Carol and Michael Balaban, among others, (objectors) appeal from an order of the Court of Common Pleas of Allegheny County*fn1 reversing a decision of the

[ 114 Pa. Commw. Page 563]

Zoning Hearing Board of the Borough of Munhall (Board) which denied the application of Frank and Joseph Piscioneri requesting a special exception. We affirm.

Messrs. Piscioneri (landowners) are the owners of a vacant lot on the corner of Main Street and Brierly Lane in the Borough of Munhall. The property is located in a district which is zoned R-2 (residential). The Borough's zoning ordinance, Article VII, Section 1, Table I, permits the following uses in an R-2 residential district: single family dwelling (detached); churches or similar places of worship, parish house, convent; elementary schools, high schools, and institutions for higher education -- public and private (non-profit); public parks and playgrounds and other municipal recreation uses; public utility structures necessary for the service of the area, provided that the plans for the design and construction of said structure shall have been approved by the Zoning Hearing Board and that there are no service yards; private garages; professional office (accessory use), provided said office is located in a dwelling and no sign or advertisement is shown other than the name and occupation of the person using said office; customary home occupations, provided that there shall be no external evidence of such occupations except a small professional sign not exceeding one (1) square foot; cemetery and the necessary incidental structures upon approval of the Zoning Hearing Board and subject to

[ 114 Pa. Commw. Page 564]

    such conditions and safeguards as deemed appropriate by such Board and upon the securing of a permit therefor; other customary accessory uses and buildings provided such uses are incidental to the principal use and do not include any activity commonly conducted as a business. Any accessory building shall be located on the same lot with the principal building; signs subject to certain requirements; fences, walls and hedges subject to certain requirements; other permitted obstructions subject to certain requirements; off-street parking subject to certain requirements; and nonconforming uses subject to certain requirements.

The landowners submitted plans for a building to include two floors of office space and a barber shop. When their application for a building permit was denied they sought a variance from the Board. Their request for a variance was denied.

Following the denial of their variance request the landowners sought a special exception from the Board. The pertinent provisions of the Munhall Zoning Ordinance with respect to special exceptions are as follows:

Article IV, Definitions

Special Exceptions -- A use that would not be appropriate generally or without restriction throughout a zoning district but which, if controlled as to number, area, location, or relation to the neighborhood, would promote the public health, safety, welfare, morals, order, comfort, convenience, appearance, prosperity, or general welfare. Such uses may be permitted in such zoning districts as special exceptions, if approved by the Zoning Hearing Board in accordance with the provision of this ordinance.

Article VII, Section 1. Permitted Uses in Residential Districts

[ 114 Pa. Commw. Page 565]

Permitted uses in the various residential districts are indicated under the appropriate district in the following table, Table I,*fn2 PERMITTED USES IN RESIDENTIAL DISTRICTS. Specific uses, not included, but related or equivalent to a listed use may be permitted, subject to ...


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