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DAVID AND LINDA WHEATON v. ZONING HEARING BOARD MUNICIPALITY PENN HILLS AND MUNICIPALITY PENN HILLS (12/19/89)

decided: December 19, 1989.

DAVID AND LINDA WHEATON, APPELLANTS,
v.
ZONING HEARING BOARD OF MUNICIPALITY OF PENN HILLS AND MUNICIPALITY OF PENN HILLS, APPELLEES



Appeal from Common Pleas Court, Allegheny County; Honorable Alan S. Penkower, Judge.

COUNSEL

Arthur J. Leonard, with him, Thomas V. Gebler, Jr., Robb, Leonard & Mulvihill, Pittsburgh, for appellants.

Wayne V. DeLuca, with him, August C. Damian, Damian & DeLuca, Pittsburgh, for appellee, Municipality of Penn Hills.

Doyle, Palladino and Smith, JJ.

Author: Palladino

[ 130 Pa. Commw. Page 203]

David and Linda Wheaton (Objectors) appeal from an order of the Court of Common Pleas of Allegheny County (trial court) affirming a decision of the Zoning Hearing Board of the Municipality of Penn Hills (Board) affirming the issuance of a conditional use permit by the Council of the Municipality of Penn Hills (Council) to the Municipality of Penn Hills (Penn Hills).

The Penn Hills School District sold Penn Hills a forty-five acre tract of land on the condition that it be used for recreational purposes. The land is located between two housing projects, Green Ridge plan and Hunter Heights plan. It is in an R-1 single-family residential zoning district which permits recreational facilities as a conditional use. Penn Hills proposed to build a recreational complex containing five playing fields; three for baseball/softball, one for football, and one for soccer. The complex will also include volleyball courts, playground equipment, and a concession stand/restroom.

[ 130 Pa. Commw. Page 204]

Penn Hills applied for a conditional use permit to construct and operate the recreational complex.*fn1 The conditional use permit was granted by Council and the Mayor of Penn Hills based on the recommendation of the Penn Hills Planning Commission (Planning Commission) in accordance with Chapter 11 of the Penn Hills Zoning Ordinance (Ordinance). Objectors appealed the issuance of the permit to the Board, which affirmed. Objectors appealed to the trial court.

Penn Hills also sought a site plan approval from the Planning Commission. After conducting hearings, the Planning Commission recommended approval of the proposed site plan. Objectors appealed to Council, which denied the appeal. Objectors appealed to the trial court.

The trial court consolidated the conditional use permit appeal and the site plan permit appeal. The trial court, which did not take any additional testimony, affirmed the issuance of the conditional use permit, but ordered the width of the access road to the complex widened to comply with the Ordinance.*fn2 Objectors appealed.

On appeal to this court, Objectors contend that Penn Hills did not meet the requirements for a conditional use permit. Specifically, Objectors contend that Penn Hills has not met the provisions for major excavation and grading, sidewalks, landscaping, and glare containment. Objectors also contend that the additional ...


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