Vanett v. Zoning Hearing Board
Vanett v. Zoning Hearing Board
Opinion of the Court
Opinion by
Appellant, the Township of Marple and intervenors, Carl and Mabel Huber and the Marple Summit Civic Association appeal the order of the Delaware County
The subject property is an undeveloped parcel of land located on the southwest corner of Sproul Road and Williamsburg Drive. Appellees purchased this 31,400 square foot lot for $100,000.00 in 1984 knowing that the property was, and still is, zoned R-l Residential. Originally, appellees sought to construct four duplexes on this site; however, their application for a variance was denied. Thereafter, appellees undertook to obtain the current variance to construct a 5,000 square foot medical office building and to erect a freestanding sign. The proposed building will be the offices for two orthopedic surgeons who will conduct office hours at different times.
The subject property is somewhat unique in the sense that while it is zoned R-l residential, it is largely surrounded by businesses and commercial uses. The property fronts on Williamsburg Drive which is entirely residential. A four-story office building is located to the south of the property in question while to the west, on Williamsburg Drive, there is a single-family residence occupied by a dentist and his family. The dentist conducts his practice from a portion of this house. Across the street from the subject premises, on the north side of Williamsburg Drive, is a single-family residence, a portion of which also serves as a law office. Both the dentist’s office and the lawyer’s office are permitted by Marple Township’s zoning ordinance as an accessory use in conjunction with a home occupation. The Lawrence Park Shopping Center is located on the east side of Sproul Road, across from the subject property.
Our scope of review in this matter, since the trial court took no additional evidence and a complete record was made before the Board, is limited to a determination of whether the Board committed a, manifest abuse of discretion or an error of law in denying the instant variance. Hosford v. Zoning Hearing Board of Penn Township, 111 Pa. Commonwealth Ct. 64, 533 A.2d 194 (1987). A conclusion that the Board abused its discretion may be reached only if its findings are not supported by substantial evidence. Valley View Civic Association v. Zoning Board of Adjustment, 501 Pa. 550, 462 A.2d 637 (1983).
Pursuant to Section 912 of the Pennsylvania Municipalities Planning Code, Act of July 31, 1968, P.L. 805, as amended, 53 P.S. §10912, five factors must be established in order to qualify for a variance: (1) unnecessary hardship will result if the variance is denied due to unique physical circumstances or conditions of the property; (2) the hardship results from unique physical char
On appeal, appellant contends that appellees have failed to establish the five criteria which would entitle appellees to a variance. Accordingly, appellant argues that the trial court erred in reversing the Board’s decision to deny the variance. The appellees, on the other hand, contend that the trial court properly concluded that the subject property cannot be developed in conformance with the zoning ordinance due to the unique location of the subject property, as it is virtually surrounded by commercial uses.
The trial court’s decision to reverse the Board was based on the unique physical conditions and surroundings of the property. The trial court found that the proposed building will not alter the essential character of the neighborhood since the building will be a one-story ranch style building, compatible with the other residences on Williamsburg Drive. Moreover, although the trial court found that the size of the proposed building (5,000 sq. ft.) constitutes a substantial deviation from the township’s zoning code, it, nevertheless, concluded that the proposed plan represents the minimum variance that will afford relief in this instance. The trial court reasoned that the proposed building will look like all the other residences on Williamsburg Drive and that the office would be permitted as an accessory use if the building also served as a residence.
The record reflects that no evidence was presented to the Board which would establish that the property in
Based upon the foregoing, we find no error in the Board’s decision to deny appellees’ variance and, thus, we conclude that the trial court improperly reversed the Board’s decision.
Accordingly, the order of the trial court is reversed.
Order
And Now, this 17th day of February, 1989, the order of the Court of Common Pleas of Delaware County in the above-captioned matter is hereby reversed.
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