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PAUL E. KOLESAR v. ZONING HEARING BOARD BOROUGH BELL ACRES AND JOHN SCHWARTZ. JOHN SCHWARTZ (06/24/88)

decided: June 24, 1988.

PAUL E. KOLESAR
v.
THE ZONING HEARING BOARD OF THE BOROUGH OF BELL ACRES AND JOHN SCHWARTZ. JOHN SCHWARTZ, APPELLANT



Appeal from the Order of the Court of Common Pleas of Allegheny County in the case of Paul E. Kolesar v. The Zoning Hearing Board of the Borough of Bell Acres and John Schwartz, No. SA 659 of 1984.

COUNSEL

Frederick A. Boehm, with him, Patrick J. Clair, Goehring, Rutter & Boehm, for appellant.

Joseph Sabino Mistick, Mistick & Sittig, with him, John Tumolo, for appellee, Paul E. Kolesar.

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

Author: Craig

[ 117 Pa. Commw. Page 300]

John Schwartz appeals an order of the Court of Common Pleas of Allegheny County reversing a decision of the Zoning Hearing Board of Bell Acres Borough that granted John Schwartz's request for a variance to continue operation of his automobile repair and towing business. We reverse.

The relevant facts as found by the Board are as follows:

1. Applicant, John Schwartz, operated an auto repair and towing business from a garage adjacent to his residence, on property across Camp Meeting Road from his present location, from 1957 to 1972. Bell Acres Borough, then Sewickley Township, had no zoning regulations in 1957.

2. John Schwartz and his wife, in 1972, acquired a 19-acre tract of land fronting on Camp Meeting Road on which they constructed a

[ 117 Pa. Commw. Page 301]

    single family dwelling and attached double garage.

3. On August 23, 1972, John Schwartz applied for and was issued by the Borough Building Inspector a Building Permit for construction of a 30 foot X 30 foot garage considerable distance behind the new home and garage serving same, and approximately 100 yards from Camp Meeting Road, the basic shell costing about $3,000.

4. On May 27, 1980, John Schwartz applied for and was issued by the Borough Building Inspector a Building permit for a 32 foot X 32 foot extension to the garage at an estimated cost of $8,000.

5. Applicant, John Schwartz, has continuously operated an auto repair and towing business from the aforementioned garage building.

6. At the time both permits were issued, the subject property was classified as 'R-1 Residential' under ...


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