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PEARL EIBS v. ZONING BOARD ADJUSTMENT CITY PITTSBURGH AND JOHN G. KAUFER (06/09/88)

decided: June 9, 1988.

PEARL EIBS, APPELLANT
v.
ZONING BOARD OF ADJUSTMENT OF THE CITY OF PITTSBURGH AND JOHN G. KAUFER, APPELLEES



Appeal from the Order of the Court of Common Pleas of Allegheny County in the case of Pearl Eibs v. The Zoning Board of Adjustment of the City of Pittsburgh, No. S.A. 710 of 85.

COUNSEL

Albert G. Feczko, Jr., Feczko and Seymour, for appellant.

No appearance for appellees.

Judges Craig and Palladino, and Senior Judge Barbieri, sitting as a panel of three. Opinion by Senior Judge Barbieri.

Author: Barbieri

[ 117 Pa. Commw. Page 58]

Pearl Eibs (Appellant) appeals an order of the Allegheny County Court of Common Pleas affirming the decision of the Zoning Board of Adjustment of the City of Pittsburgh (Board), which granted a variance to John G. Kaufer.

In December of 1984, Kaufer appealed to the Board from a decision by the Zoning Administrator for the City of Pittsburgh (City) that the application for a building permit at 437 Bailey Avenue failed to comply with the lot area, rear yard and side yard setbacks required by the City's zoning ordinance.

Kaufer originally proposed to erect a row of five townhouses, each with a two car integral garage, on a lot measuring 50 feet by 200 feet. The property abuts

[ 117 Pa. Commw. Page 59]

Grandview Park on one side and Appellant's residence on the other side.*fn1 The property is zoned R3 and the proposed use as a multiple family dwelling is a permitted one.

The Board held a hearing on January 3, 1985, to consider the requested variances. Appellant and other neighboring property owners testified at the hearing and expressed opposition to the proposed development.

Complying with a request by the Board, Kaufer submitted a revised plot plan for a four-unit structure which eliminated the need for the lot area and rear yard variances. The Board was left with the issue of whether to grant the side yard variances. The zoning ordinance requires 30 foot side yards for the type of structure proposed. Kaufer's revised plan showed a 25 foot side yard on the side abutting Appellant's property and no side yard on the side abutting Grandview Park. The proposed development would extend to the edge of the property line between 437 Bailey Avenue and Grandview Park.

In a decision dated April 4, 1985, the Board concluded that the four-unit multiple family dwelling would not be detrimental to the abutting properties or the neighborhood, that the side yard variances requested were minimal and that to deny these variances would be to subject Kaufer to an undue hardship. The Board ...


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