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HENRY JACQUELIN v. ZONING HEARING BOARD HATBORO BOROUGH (05/11/89)

decided: May 11, 1989.

HENRY JACQUELIN, APPELLANT,
v.
ZONING HEARING BOARD OF HATBORO BOROUGH, APPELLEE



Appeal from Common Pleas Court, Montgomery County; Honorable S. Gerald Corso, Judge, Honorable William W. Vogel, Pres. Judge.

COUNSEL

Donald A. Semisch, Scot W. Semisch, Semisch, Semisch and Semisch, Willow Grove, for appellant.

Bernard A. Moore, David B. Beeghley, Beeghley, Moore and Beeghley, Conshohocken, Adrian L. Meyer, Doylestown, for appellee.

Doyle and Palladino, JJ., and Barbieri, Senior Judge.

Author: Barbieri

[ 126 Pa. Commw. Page 21]

Henry Jacquelin (Jacquelin) appeals the order of the Montgomery County Court of Common Pleas affirming the decision of the Zoning Hearing Board of the Borough of Hatboro (Board) which denied Jacquelin's request for a dimensional variance to construct a single-family residence.

[ 126 Pa. Commw. Page 22]

The trial court also affirmed the Board's determination that the property in question is zoned R-1 Residential. The trial court's order is affirmed.

At issue is property located at 101 Crooked Billet Road in Hatboro, Montgomery County, consisting of lots 443 and 444. Lot 443 is fifty feet wide while lot 444 is seventy-five feet wide.

In 1938, Frederick and Lillian Tomlinson purchased lot 444 which was developed with a residence, and in 1945, also purchased the adjacent vacant lot 443 which they essentially treated as a side yard. The Tomlinsons included both lots in a single deed which described the lots as Premises "A" and Premises "B".

In 1972, Hatboro amended its zoning ordinance to require a seventy foot lot width to construct a residence in the R-1 Residential District and a fifty foot lot width to do so in the R-2 Residential District. Eleven years later, Joseph and Carol Clever purchased the property at issue from the executor of Lillian Tomlinson's estate. Again, the property was described in a single deed with reference to lots 443 and 444 as Premises "A" and Premises "B". In 1985, Carol Clever deeded her interest in the property to Joseph Clever vis-a-vis a single deed which again described lots 443 and 444 as Premises "A" and Premises "B".

Joseph Clever entered into two separate agreements of sale in 1987. One agreement of sale was for the purchase of lot 444. The other agreement of sale was with Jacquelin for the purchase of lot 443. Although this agreement of sale was contingent upon whether Jacquelin could secure permission to construct a single-family residence on lot 443, Jacquelin completed settlement despite not having secured such permission.

Jacquelin thereafter requested a building permit to construct a single-family residence on lot 443. The Borough's Zoning Officer and ...


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