Appeal from the Order of the Court of Common Pleas of York County, in the case of Fred E. Snyder and Norma R. Snyder, his wife v. York City Zoning Hearing Board, No. 86-SU-3983-08.
Robert P. Kane, with him, Timothy E. Kane, Kane and Kane, for appellants.
David Schaumann, Blakey, Yost, Bupp & Schaumann, for York College of Pennsylvania.
Rodney Edward Rexrode, Assistant City Solicitor, for appellee.
Judges MacPhail, Colins, and Senior Judge Narick, sitting as a panel of three. Opinion by Judge Colins.
[ 115 Pa. Commw. Page 69]
Fred E. Snyder and Norma R. Snyder (appellants) appeal the decision of the Court of Common Pleas of York County which affirmed the decision of the York City Zoning Hearing Board (Board) granting York College of Pennsylvania (applicant) two variances: one for a use variance to place a 121-car parking lot for students in the RS-2 Zone and a second variance to allow excess impervious surface to be placed on that lot.
The pertinent facts are as follows:
The subject property is owned by the applicant and is an irregularly shaped parcel consisting of 1.986 acres of land and is unimproved, except for an abandoned garage building. It is encumbered by three separate street easements.*fn1
The city ordinance vacating the streets stipulates that no construction can be made anywhere on the easements
[ 115 Pa. Commw. Page 70]
which account for approximately twenty-seven percent (27%) of the lot area. In addition, approximately thirty-two percent (32%) of the total area of the property is located within the 100-year flood plain.*fn2
On September 18, 1986, the Board heard the matter and, approving requested variances, issued a short summary opinion stating its reasons for granting the request. Appellants appealed this order on October 15, 1986, to the Court of Common Pleas of York County. The Board's September 18, 1986, order was later ...