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1204 CORPORATION v. JOINT ZONING HEARING BOARD (06/07/89)

decided: June 7, 1989.

1204 CORPORATION, APPELLANT,
v.
THE JOINT ZONING HEARING BOARD, BOARD OF CRAFTON, ROSSLYN FARMS AND THORNBURG BOROUGHS AND NORMAN ROTH, APPELLEES



Appeal from COMMON PLEAS Court, ALLEGHENY County; HONORABLE RALPH J. CAPPY, Judge.

COUNSEL

Samuel P. Kamin, Howard M. Louik, Goldberg & Kamin, Pittsburgh, for appellant.

John W. Jordan, IV, Grigsby, Gaca & Davies, for appellee, The Joint Zoning Hearing Board of Crafton, Rosslyn Farms and Thornburg Buroughs.

Joel P. Aaronson, Reed, Smith, Shaw & McClay, Daniel P. Carroll, Pittsburgh, for appellee, Norman Roth.

Crumlish, Jr., President Judge, and Colins, J., and Barbieri, Senior Judge.

Author: Crumlish

[ 126 Pa. Commw. Page 386]

Opinion

1204 Corporation appeals an Allegheny County Common Pleas Court order affirming the Crafton, Rosslyn Farms and Thornburg Boroughs' Joint Hearing Board (Board) decision quashing its appeal as untimely. Section 915 of the Pennsylvania Municipalities Planning Code (Code).*fn1 We affirm.

1204 Corporation is a property and building owner within the Crafton-Ingram Shopping Center in Crafton Borough (Borough). At the inception of this controversy, Roth (intervenor), who operated a supermarket in one of 1204 Corporation's buildings, filed a conditional use application*fn2

[ 126 Pa. Commw. Page 387]

    to enlarge another building within the shopping center where he proposed to relocate his supermarket. At the regular meeting of the Joint Planning Commission*fn3 of Crafton, Rosslyn Farms and Thornburg Boroughs (Planning Commission), Roth presented "Preliminary Site Plans for Application of . . . Conditional Use Approval."*fn4 A public hearing was scheduled at which the Planning Commission recommended "approval of site plan as presented for proposed retail food store . . ."*fn5 and forwarded this recommendation to the Borough.

The Borough Council voted that Roth's application to extend the property be approved "subject to Section 1704.16 of the Zoning Ordinance"*fn6 (requiring parking area traffic control devices). Although 1204 Corporation attended this public meeting and voiced concerns over the building's expansion, it did not file an appeal. Instead, 1204 Corporation memorialized its objections in a letter and sent it to the Borough nine days thereafter. Seven months later, the Borough's Building Inspector issued the required building and demolition permits for the store's expansion whereupon 1204 Corporation immediately ...


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