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ERNEST MIHAL ET AL. v. ZONING BOARD CITY HAZLETON AND JOSEPH LOMBARGO (08/18/88)

decided: August 18, 1988.

ERNEST MIHAL ET AL., APPELLANTS
v.
THE ZONING BOARD OF THE CITY OF HAZLETON AND JOSEPH LOMBARGO, APPELLEES



Appeal from the Order of the Court of Common Pleas of Luzerne County, in the case of Ernest Mihal and Helen Mihal, his wife; Thomas Mihal and Mary Ann Mihal, his wife; David Sirkot and Dorothy Sirkot, his wife; Charles Brogan and Catherine Brogan, his wife; Lillian Smith; Vera Oberman; and Joseph Gombeda v. the Zoning Board of the City of Hazleton and Joseph Lombargo, No. 4805-C of 1986.

COUNSEL

Anthony P. Sidari, Bigelow, Gillespie & Cooper, for appellants.

Bart E. Ecker, Laputka, Bayless, Ecker & Cohn, P.C., for appellee, Joseph Lombargo.

Thomas M. Marsilio, for appellee, Zoning Board of City of Hazleton.

Judges Doyle, Barry and McGinley, sitting as a panel of three. Opinion by Judge McGinley. Concurring Opinion by Judge Barry.

Author: Mcginley

[ 118 Pa. Commw. Page 614]

Ernest Mihal and Helen Mihal, his wife; Thomas Mihal and Mary Ann Mihal, his wife; David Sirkot and Dorothy Sirkot, his wife; Charles Brogan and Catherine Brogan, his wife; Lillian Smith, Vera Oberman and Joseph Gombeda (Appellants) appeal an order of the Court of Common Pleas of Luzerne County, granting the Motion of Joseph Lombargo (Appellee) dismissing their appeal from the decision of the Zoning Hearing Board (Board) of the City of Hazleton. We vacate the order of the trial court and remand.

Initially, after conducting a public hearing on July 24, 1986, the Board granted the requests of Appellee Lombargo for five variances which were necessary for the issuance of a Zoning Permit to permit the construction of a residential garage on a lot not abutting the Appellee's residence. The Board approved (1) a front yard variance; (2) a side yard variance; (3) a rear yard variance; (4) a lot coverage variance; and (5) a variance to the Ordinance provision allowing a residential garage only upon a parcel of land where a dwelling exists. Appellants Ernest and Helen Mihal, and Thomas and

[ 118 Pa. Commw. Page 615]

Mary Ann Mihal appeared as protestors and their attendance was noted of record.*fn1

On August 14, 1986, at No. 117-86 of 1986 the Board approved the application as follows:*fn2

Whereas, applicant effected his/her application at a duly advertised, public hearing of the Hazleton Zoning Hearing Board held July 24, 1986, at Hazleton City Hall, Church and Green Streets by appearing before the Board in person or through a representative, offering ...


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